Smt. B. B. Jayalakshmi @ Shwetha vs K.A. Lohith
2022 Latest Caselaw 8976 Kant

                            1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 16TH DAY OF JUNE, 2022

                         BEFORE

     THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR

 MISCELLANEOUS FIRST APPEAL NO.3319/2017 (MV)

BETWEEN:

SMT. B.B. JAYALAKSHMI @ SHWETHA
W/O. LATE K.R. ARUNA
AGED ABOUT 25 YEARS,
R/AT. BHAGAMANDALA HOBLI,
SINGATHUR VILLAGE
CHETTIMANI POST,
MADIKERI TALUK - 571201.
                                           ... APPELLANT

(BY SRI. SACHIN B.S., ADVOCATE )

AND:

1.      K.A. LOHITH
        S/O. LATE ACHUTHANAIR
        ESHWARI, BEHIND CVS WORK SHOP
        DECHUR ROAD, MADIKERI - KODAGU - 571201.

2.      BRANCH MANAGER
        UNITED INSURANCE COMPANY LIMITED
        COLLEGE ROAD, MADIKERI
        KODAGU DISTRICT - 571201.
                                       ...     RESPONDENTS

(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R2;
 R1 - NOTICE DISPENSED WITH VIDE ORDER DATED
07.12.2017)

     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 27.03.2017
PASSED IN MVC NO.226/2015 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE & MACT,
KODAGU, MADIKERI SITTING AT VIRAJPET, PARTLY ALLOWING
                                 2

THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,

     THIS M.F.A. COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

This appeal is filed under Section-173(1) of the

Motor Vehicles Act, 1988, (hereinafter referred to as 'MV

Act' for brevity) by the appellant-claimant challenging the

judgment and award dated 27.03.2017, passed in MVC

No.226/2015, on the file of II Addl. District and Sessions

Judge and MACT, Kodagu-Madikeri sitting at Virajpet,

(hereinafter referred to as 'the Tribunal' for brevity)

seeking enhancement of compensation.

Brief facts:

2. On 16.04.2014 when appellant - claimant's

husband by name K.R.Aruna was driving Alto car bearing

Reg. No.KA-05/MA-9530 dogs came in front of his vehicle,

and hence, Aruna tried to avoid the dogs, but he fell into

the drainage and sustained injuries. Therefore, he was

shifted to Madikeri Vivoce Hospital, and thereafter while

shifting Aruna to Government Hospital, Madikeri he

succumbed to the injuries. On 19.02.2014 appellant -

claimant had married Aruna. Claimant had lost earning

member in the family.

3. Hence, a claim petition was filed by the appellant

- claimant under Section 140 of the M.V. Act for 'no fault

liability', claiming compensation due to the death of her

husband in the accident. The Tribunal on appreciating the

materials on record, allowed the petition in part, and

awarded global compensation of Rs.30,000/-, along with

interest at 6% per annum from the date of petition till the

date of realization of amount. The Tribunal held

respondent Nos.1 and 2 therein, jointly and severally liable

to pay the compensation.

4. Heard arguments of the learned counsel for the

appellant - claimant and the learned counsel for

respondent No.2 - insurance company and perused the

materials on record.

5. The learned counsel for the appellant

submitted that as per Section 140 of the M.V. Act, the

amount of compensation which shall be payable under

sub-section (1) in respect of the death of any person shall

be a fixed sum of Rs.50,000/-, but the Tribunal has

awarded Rs.30,000/- which is on lesser side. Therefore,

seeks for enhancement of the compensation.

6. On the other hand, the learned counsel

appearing for the second respondent - insurance company

fairly submits that in case a petition is filed under Section

140 of M.V. Act in respect of death of any person, the

amount of compensation payable under sub-section (1)

shall be a fixed sum of Rs.50,000/-.

7. In the present case, the deceased died due to his

own negligence while driving the car. Therefore, the

appellant being wife of deceased had filed a claim petition

under Section 140 of M.V. Act. In case of death due to

negligence the amount of compensation of Rs.50,000/-

ought to have been awarded, but the Tribunal has awarded

Rs.30,000/- without any reasoning. Therefore, the

Tribunal has committed an error in reducing the

compensation amount, which is contrary to the statute.

Therefore, the appellant - claimant is entitled to

compensation of Rs.50,000/- as statutorily fixed under

Section 140(1) of the Act along with interest at the rate of

6% per annum. Therefore, the appeal is liable to be

allowed.

8. Accordingly, I pass the following:

ORDER

i. The appeal is allowed.

ii. The appellant - claimant is entitled for a total

compensation of Rs.50,000/- (Rupees Fifty

Thousand Only), along with interest at the rate

of 6% per annum from the date of filing of the

petition till realisation of the amount.

iii. Registry is directed to return the Trial Court

Records to the Tribunal, along with certified

copy of the order passed by this Court

forthwith without any delay.

      iv.    No order as to costs.

      v.     Draw award accordingly.




                                               Sd/-
                                              JUDGE



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