Karnataka High Court
Jamalappa S/O Yamanappa Mayannavar vs Manjeshwar K.U. S/O Umapathi on 9 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3136
MFA No. 101070 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.101070 OF 2014 (MV)
BETWEEN:
1. JAMALAPPA S/O. YAMANAPPA MAYANNANAVAR,
AGE: 47 YEARS, OCC: SHEEP BUSINESS,
2. SMT. MANJAVVA W/O. JAMALAPPA MAYANNANAVAR,
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
BOTH ARE R/O: KURBAGERI,
TQ: RANEBENNUR, DIST: HAVERI.
...APPELLANTS
(BY SMT. NANDINI SOMAPUR, ADVOCATE
SRI. C.B. SHAKUNAVALLI, ADVOCATE)
AND:
1. MANJESHWAR K.U. S/O. UMAPATHI,
AGE: 47 YEARS, OCC: BUSINESS and CONTRACTOR,
R/O: 9TH CROSS, VAGESH NAGAR,
Digitally
signed by TQ: RANEBENNUR, DIST: HAVERI.
BHARATHI
BHARATHI H M
HM Date: 2. THE DIVISIONAL MANAGER,
2024.02.21 NEW INDIA ASSURANCE CO.LTD.,
13:26:26
+0530 A.M. ARCADA C.G. HOSPITAL ROAD,
NEAR VIDYARTHI BHAVAN, DAVANGERE,
DIST: DAVANGERE.
...RESPONDENTS
(BY SRI. G.S. HULAMANI, ADVOCATE FOR R1;
SRI. S.S. KOLIWAD, ADVOCATE FOR R2)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT 1988,
AGAINST JUDGMENT AND AWARD DTD:31.07.2013, PASSED IN
MVC.NO.4/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND
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NC: 2024:KHC-D:3136
MFA No. 101070 of 2014
AMACT, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Smt. Nandini Somapur representing Shri. C.
B. Shakunavalli, learned counsel for the appellants, Shri. G. S.
Hulamani for respondent No.1 and Shri. S. S. Koliwad, learned
counsel for respondent No.2.
3. Claimants are the parents of minor boy by name
Ningappa @ Ningaraj who lost his life in a road traffic accident
occurred on 15.09.2010 at about 3.20 p.m., when he was
proceeding on a motorcycle from Siddeshwar Nagar towards
Kurubageri side in order to go to his house at Ranebennur,
involving a Mahindra jeep bearing registration No.KA-27/M-
1141.
4. Said claim was resisted in MVC No.4/2012 by filing
necessary written statement.
5. On contest claim petition came to be allowed by
judgment and award dated 31.07.2013 on the file of Principal
NC: 2024:KHC-D:3136
Senior Civil Judge and Additional Motor Accident Claims
Tribunal, Ranebennur by granting compensation in a sum of
Rs.3,75,000/-.
6. Being aggrieved by the inadequacy of the
compensation, the claimants are in appeal.
7. Smt. Nandini Somapur representing Shri. C. B.
Shakunavalli, learned counsel for the appellants sought for
enhanced compensation in view of the principles of law
enunciated in the judgment of Hon'ble Apex Court in the case
of Kishan Gopal and another vs. Lala and others, reported in
(2014)1 SCC 244.
8. Per contra, Shri. G. S. Hulamani for respondent
No.1 and Shri. S. S. Koliwad, learned counsel for respondent
No.2 supported the impugned judgment by contending that as
on the date of passing the award what are the principles of law
that was drawn awarding the compensation has been followed
by the Tribunal and sought for dismissal of the appeal.
9. Having heard the parties in detail, this Court
perused the material on record meticulously.
10. On such perusal of the material on record, it is
crystal clear that the minor boy by name Ningappa @ Ningaraj
NC: 2024:KHC-D:3136
lost his life in a road traffic accident occurred on 15.09.2010 at
about 3.20 p.m., involving Mahindra jeep bearing registration
No.KA-27/M-1141 which was duly insured.
11. Tribunal taking note of the death of the minor boy
awarded a sum of Rs.3,75,000/- applying the principles of law
enunciated in the case of Kishan Gopal (supra), claimants being
the parents of the deceased are entitled to a sum of
Rs.5,00,000/- with interest at the rate of 6% per annum from
the date of petition till realization.
12. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed.
(ii) As against sum of Rs.3,75,000/-
awarded by the Tribunal, claimants are entitled
to a sum of Rs.5,00,000/- as compensation with
interest at the rate of 6% per annum from the
date of petition till realization.
Sd/-
JUDGE
