Karnataka High Court
Bakkappa S/O Ratnappa And Anr vs The Head Master Holy Faith And Anr on 10 March, 2023
Bench: G Basavaraja
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MFA No. 200146 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
MFA NO. 200146 OF 2019 (MV-D)
BETWEEN:
1. BAKKAPPA S/O RATNAPPA
AGE: 40 YEARS, OCC: LABOUR,
R/O SIRSI (A), TQ. AND DIST. BIDAR-585401
2. HEMA @ HEMAVATHI W/O BAKKAPPA
AGE: 37 YEARS, OCC: HOUSEHOLD,
R/O SIRSI (A), TQ. AND DIST. BIDAR-585401
...APPELLANTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE)
AND:
1. THE HEAD MASTER HOLY FAITH
PRIMARY SCHOOL BAGDAL,
TQ. & DIST. BIDAR-585402
(OWNER OF SCHOOL BUS BEARING
REGION KA.38/9701)
Digitally
signed by 2. THE D.M. IFFCO-TOKIO GENERAL
RAMESH INSURANCE COMPANY LTD.,
MATHAPATI
Location: IFFCO SADAN C1 DIST. CENTRE SAKET,
High Court NEW DELHI-110017
of Karnataka ITS BRANCH MANAGER,
G1,G2,G12 AND G13, ASIAN ARCADE,
NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI-585102
...RESPONDENTS
(BY SMT PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA FILED IS U/S 173(1) OF MV ACT PRAYING TO
MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 06.10.2018
PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT,
BIDAR IN MVC NO.194/2017.
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MFA No. 200146 of 2019
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the claimants challenging the
judgment and award passed by learned Addl. Senior Civil Judge
and Addl.MACT at Bidar (for short 'the Tribunal) in MVC
No.194/2017 dated 06.10.2018. This appeal is founded on the
premise of inadequacy of compensation. Hence, appellants seek
enhancement of compensation.
2. Parties to the appeal shall be referred to as per
their status before the Tribunal.
3. The brief facts of the case are as under:
That on 27.02.2017 at 8.20 hours the claimant No.1 left
his son Rajkumar in Holy Faith School Bus bearing Reg.No.KA-
38/9071, the bus after collecting the children from village Sirsi-
A and stopped at Mouneshwar Temple in Aurad-Sirsi village.
While stopping the vehicle some of the children were stepped
down from the vehicle to bring some eatables while returning
the boarded the bus, the driver of Bus bearing Reg.No.KA-
38/9071 drove the bus carelessly and negligently and dashed
MFA No. 200146 of 2019
to a wall. In the said accident, Rajkumar has sustained grievous
injuries to the vital parts of the body and died on the spot. The
fact was informed to the parents, they rushed to Govt.Hospital
Mannaekhelli. Where in they saw the dead body of their son.
Thereafter based upon the complaint, the Bagdal Police have
registered the case in Crime No.16/2017 against the driver of
Bus bearing Reg.No.KA-38/9071. After completing the
investigation, the C.P.I. has filed charge sheet against the
driver of above said bus.
Further it is stated that the deceased Rajkumar was at an
age of 12 years. He was studying in 5thStd, he was very
brilliant in academic pursuit. Further he is also taking part in
extra curricular activities like games, quiz competition,
elocution etc. The parents of deceased Rajkumar are very poor,
in their poverty with great difficulty and sending Rajkumar to
English Medium School with a hope one day he brings laurels to
their family. Due to untimely death of Rajkumar the parents are
under shock and agony. Hence, they filed a claim petition
seeking compensation.
MFA No. 200146 of 2019
4. After service of notice, respondent Nos.1 and 2
appeared before the tribunal through their counsel and filed
their written statement denying the contents of claim made by
the claimants and sought for dismissal of the claim petition.
5. On the basis of pleadings, the Tribunal framed
relevant issues for consideration.
6. In order to substantiate the issues and to establish
their case, claimant No.1 got examined himself as PW.1 and
got marked documents as Exs.P.1 to 14. However, no evidence
has been adduced on behalf of respondents but got marked
documents as Ex.R.1.
7. On the basis of material evidence both oral and
documentary and on hearing the submission of learned counsel
for both the parties, the tribunal awarded compensation of
Rs.3,70,000/- with 9% p.a. to the claimants. Being aggrieved
by the meager compensation awarded by the Tribunal, the
claimants are before this Court seeking enhancement.
8. It is the vehement contention of learned counsel
appearing for the appellants-claimants that the compensation
awarded by the Tribunal is extremely on lower side and it is
MFA No. 200146 of 2019
liable to be enhanced for the reason that the Tribunal has not
awarded just and reasonable compensation. On this ground
learned counsel seeks indulgence of this Court to allow the
appeal and consequently enhance the compensation.
9. Learned counsel for the appellant in support of his
arguments placed reliance on the judgment of the Hon'ble Apex
court in Kishan Gopal and another Vs.Lala and others
reported in 2013 AIR SCW 5037. He vehemently contended
that the tribunal ought to have award at least 5,00,000/- with
interest at the rate of 9% p.a.
10. Per contra, the learned counsel appearing for the
respondent-Insurance Company vehemently contends that the
Judgment and Award passed by the Tribunal is in accordance
with law and there is no scope of interference. On these
grounds she seeks to dismiss the appeal preferred by the
appellants.
11. Having heard the learned counsel for the
appellants-claimants and learned counsel for respondent-
Insurance Company, the points that would arise for
consideration before this Court are:
MFA No. 200146 of 2019
a. Whether the Tribunal has committed an error in
awarding meager compensation of
Rs.3,70,000/- instead Rs.5,00,000/- as per the
judgment of the Hon'ble Apex court in Kishan
Gopal and another Vs.Lala and others
reported in 2013 AIR SCW 5037?
b. What order or award?
12. My answers to the above points are:
Point No.1: In the affirmative.
Point No.2: As per the final order
13. In the case on hand, there is no dispute as to the
age of the deceased died in the accident, that his age is 12
years. In this case deceased Rajkumar age was 12 years and he
was studying in 5th Std. Considering the age of the deceased
and facts and circumstances of the case, I am of the opinion
that it is just and proper to award compensation of
Rs.5,00,000/- with interest at 6% p.a., relying on the decision
of the Hon'ble Apex court in Kishan Gopal and another Vs.
Lala and others reported in 2013 AIR SCW 5037 but the
tribunal has not assigned proper reasons for not awarding the
compensation of Rs.5,00,000/- as awarded in the Hon'ble Apex
MFA No. 200146 of 2019
court in KishanGopal and another Vs.Lala and others reported in
2013 AIR SCW 5037.
14. For the forgoing reasons, I pass the following:
ORDER
(a) The appeal is allowed in part.
(b) The judgment and award dated 06.10.2018 in MVC
No.194/2017 passed by learned Addl.Senior Civil
Judge and Addl.MACT at Bidar, is modified.
(c) The claimants are entitled for total compensation in
a sum of Rs.5,00,000/- as against a sum of
Rs.3,70,000/- awarded by the Tribunal.
(d) The compensation shall be paid by the respondent-
Insurance Company within a period of six weeks
from the date of receipt of copy of this order.
(e) Advocate fee fixes at Rs.2,000/-
Sd/-
JUDGE
BH
