Parvatewwa W/O Nagappa Kumbar And Anr vs Dyamanna S/O Balappa Dasar And Anr
2024 Latest Caselaw 25492 Kant

Karnataka High Court

Parvatewwa W/O Nagappa Kumbar And Anr vs Dyamanna S/O Balappa Dasar And Anr on 25 October, 2024

                                               -1-
                                                          NC: 2024:KHC-K:7863
                                                      MFA No. 200013 of 2019




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                          DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                            BEFORE
                   THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                        MISCL. FIRST APPEAL NO.200013 OF 2019 (MV-D)

                   BETWEEN:

                   1.   PARVATEWWA
                        W/O NAGAPPA KUMBAR,
                        AGE: 42 YEARS, OCC: HH WORK,
                        R/O MURADI, TQ. HUNAGUND,
                        DIST. BAGALKOT,
                        NOW RESIDING AT GANESH NAGAR,
                        VIJAYAPURA.

                   2.   NAGAPPA
                        S/O NURANDAPPA KUMBAR,
                        AGE: 47 YEARS, OCC: AGRIL., COOLIE,
                        R/O MURADI, TQ. HUNAGUND,
                        DIST. BAGALKOT,
Digitally signed        NOW RESIDING AT GANESH NAGAR,
by RENUKA               VIJAYAPURA
Location: HIGH
COURT OF                                                        ...APPELLANTS
KARNATAKA
                   (BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)

                   AND:

                   1.   DYAMANNA S/O BALAPPA DASAR
                        AGE: MAJOR, OCC: BUSINESS,
                        R/O. VADGOL, TQ: RON,
                        DIST: GADAG-581117.

                   2.   THE DIVISIONAL MANAGER
                        THE UNITED INDIA INSURANCE CO. LTD.,
                             -2-
                                      NC: 2024:KHC-K:7863
                                  MFA No. 200013 of 2019




   SANGAM BUILDING, S.S.FRONT ROAD,
   VIJAYAPURA586101.
                                         ...RESPONDENTS

(BY SMT. ANURADHA M. DESAI, ADVOCATE FOR R2;
     V/O DTD: 14.08.2019 NOTICE TO R1 IS
     DISPENSED WITH)

     THIS MFA IS FILED U/S. 173(1) OF MV ACT, BY THE
ADVOCATE FOR APPELLANT PRAYING THAT THIS HON BLE
COURT MAY BE PLEASED TO ALLOW THIS APPEAL AND
ENHANCE    THE    COMPENSATION     TO    RS.10,00,000/-
(EXCLUDING THE AMOUNT AWARDED BY THE TRIBUNAL)
ALONG WITH INTEREST BY MODIFYING THE JUDGMENT AND
AWARD OF THE MACT NO.XIII AND IV ADDL.DIST.JUDGE
VIJAYAPUR DATED 18.06.2018 IN MVC NO.1611/2016.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM


                   ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)

The captioned appeal is by the parents having lost

their minor son aged above 15 years in a road traffic

accident dated 06.04.2016. Tribunal has awarded a sum

of Rs.5,00,000/- on account of death and Rs.80,000/-

towards medical expenses.

NC: 2024:KHC-K:7863

2. Learned counsel appearing for appellants has

cited a reported judgment rendered by a Coordinate Bench

of this Court in MFA No.11440/2011 connected with MFA

No.206/2018 disposed of on 12.09.2024. At paragraph

No.104, Coordinate Bench has laid down a chart. In the

chart at table 3.3, which related for the year 2016, the

Coordinate Bench has held that in an accident of the year

2016, a sum of Rs.13,37,949/- is the compensation

payable. In the case of hand, the fact that appellants

have lost a minor son aged about above 15 years, in terms

of table, the compensation is re-determined at

Rs.13,37,949/- and Rs.80,000/- towards medical

expenses. Therefore, the total compensation payable is

Rs.14,17,949/- as against Rs.5,80,000/- awarded by the

Tribunal.

3. For the foregoing reasons, this Court passes the

following:

ORDER

a) Appeal is allowed in part.

NC: 2024:KHC-K:7863

b) Appellants/claimants are entitled for enhanced

compensation of Rs.8,37,949/- with interest at

the rate of 6% per annum from the date of

claim petition till its realization.

c) Apportionment shall be made as per the order

of the Tribunal.

d) Appellants are not entitled for interest for a

period of 67 days.

Sd/-

(SACHIN SHANKAR MAGADUM) JUDGE

SRT

CT-SW