Shri.Mallappa S/O Bhimappa Tuppad vs Shri.Vinayaka S/O Raju Kalal
2024 Latest Caselaw 219 Kant

Karnataka High Court

Shri.Mallappa S/O Bhimappa Tuppad vs Shri.Vinayaka S/O Raju Kalal on 3 January, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                    -1-
                                                            NC: 2024:KHC-D:108
                                                            MFA No. 103742 of 2015




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 3RD DAY OF JANUARY, 2024

                                                  BEFORE
                              THE HON'BLE MR JUSTICE V.SRISHANANDA
                       MISCELLANEOUS FIRST APPEAL NO.103742 OF 2015 (MV-D)

                      BETWEEN:
                      1.    SHRI.MALLAPPA S/O. BHIMAPPA TUPPAD,
                            AGE ABOUT 32 YEARS, OCC:AGRICULTURE,
                            R/O:PALABHAVI, TAL:RAIBAG,
                            DIST:BELAGAVI.
                      2.    SMT.GEETH W/O. MALLAPPA TUPPAD,
                            AGE ABOUT 28 YEARS, OCC: HOUSEWIFE,
                            R/O:PALABHAVI, TAL: RAIBAG,
                            DIST:BELAGAVI.
                                                                     ...APPELLANTS
                      (BY    SRI. ANKIT DESAI, ADVOCATE FOR
                             SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)


                      AND:

                      1.    SHRI. VINAYAKA S/O. RAJU KALAL,
                            AGE: MAJOR, OCC:AGRICULTURE,
                            R/O: WARD NO.5, JANATA PLOT,
         Digitally          MUDHOL, TAL: MUDHOL,
         signed by
         BHARATHI           DIST: BAGALKOT.
BHARATHI H M
HM       Date:
                            (OWNER OF TRAX TOOFAN NO.KA-23/M-8482)
         2024.01.09
         10:34:09     2.  THE MANAGER,
         +0530
                          THE NATIONAL INSURANCE CO., LTD.,
                          RAMDEV GALLI, BELAGAVI-590001
                          (POLICY NO.610202/31/13/6100004250 VALID FROM
                          24.04.2014 TO 12.08.2014)
                                                                   ...RESPONDENTS
                      (BY SRI. R.R. MANE, ADVOCATE FOR R2;
                           R1 DISPENSED WITH)

                             THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
                      MOTOR    VEHICLES   ACT,   AGAINST   THE   JUDGMENT   &   AWARD
                      DATED:08.06.2015, PASSED IN MVC.NO.1484/2014 ON THE FILE OF
                                   -2-
                                           NC: 2024:KHC-D:108
                                           MFA No. 103742 of 2015




THE   MOTOR     ACCIDENT    CLAIMS       TRIBUNAL,   RAIBAG,    PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

        THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                            JUDGMENT

Heard Shri. Ankit Desai representing Shri.

Mallikarjunswamy B. Hiremath, learned counsel for the

appellants and Shri. R.R. Mane representing respondent

No.2.

2. Appeal filed by the claimants seeking

enhancement of the compensation challenging the validity

of judgment and award passed in MVC No.1484/2014 on

the file of Motor Accident Claims Tribunal, Raibag dated

08.06.2015.

3. Having heard the parties and perused the

records, it is not in dispute about the death of minor in

road traffic accident involving the vehicle Trax Toofan

bearing registration No.KA-23/M-8482.

NC: 2024:KHC-D:108

4. The vehicle was duly insured. The Insurance

Company is made liable to pay the compensation in a

sum of Rs.3,25,000/-.

5. As such, the only point which needs to be

considered by this Court in this appeal is whether the

quantum of compensation needs enhancement.

6. It is settled principles of law and requires

emphasis that in respect of death of a minor, the

compensation payable is Rs.5,00,000/-, whereas the

Tribunal has awarded a sum of Rs.3,25,000/-.

7. Therefore, the claimants have made out a case

for enhancement of compensation in a sum of

Rs.5,00,000/- as against Rs.3,25,000/-.

8. Hence, the following order is passed:

ORDER

Appeal is allowed.

As against a sum of Rs.3,25,000/-,

claimants are entitled to a sum of

Rs.5,00,000/- with interest at the rate of 6%

NC: 2024:KHC-D:108

per annum from the date of petition till its

realization.

Ordered accordingly.

Sd/-

JUDGE

SMM