IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated the 10th day of August, 2009
: B E F O R E :
THE HONBLE MRJUSTICE : N. ANANDA
M.F.A. NO. 61 47/2008
BETWEEN :
THE ORIENTAL INSURANCE CO LTD..
R V ROAD, BANGALORE--O4.
THROUGH ITS REGIONAL OFFICE.
LEO SHOPPING COMPLEX.
NO 44/45, RESIDENCY ROAD,
BANGALORE--56O O25.
REP BY ITS MANAGER
SR1 K VARADARAJAN.
APPELLANT
[By Sri: B C SEET RAO, ADV.)
AND:
I SRI NARASIMHAIAH
AGED ABOUT 31 YEARS,
S / O HANUMANTHARAYAPPA,
2 SMT SARASWATIiAMMA
AGED ABOUT 27 YEARS
W/O SR1 NARASIMHAIAH
BOTH ARE RESIDING C / O NANJUNDAPPA,
KUMBALAGODU VILLAGE.
KENGERI I-IOBLI.
BANGALORE SOUTH TALUK.
RESPONDENTS
{By SR1 V SHIVA KUIVEAR 81 M/S LAWYER'S CENTRE. ADV.)
to
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 15.2.2008 PASSED
IN MVC NO. 248/2003 ON THE FILE OF THE I ADDL. CIVIL
JUDGE {SR.DN), BANGALORE RURAL DISTRICT.
BANGALORE, AVVARDING A COMPENSATION OF RS.
2,255,000/--~ WITH INTEREST @ 8% RA FROM THE DATE OF
PETITION TILL PAYMENT.
This MFA coming on for admission this day, the court
deiivered the following :
J U D G M E N T
Though the matter is listed for orders it is taken up for
disposal with consent of learned counset for parties.
2. The insurance company has filed this appeal, inter alia
contending that compensation of Rs.2,2E’>,O0O/–~ for the death
of 31/2 years old girl, awarded by Tribunal is excessive as also
interest at 8%.
The Tribunal has awarded compensation of
Rs.2.25,000/~ for the death of deceased Lavanya. aged about
31/2 years.
3. I have heard the learned counsel for parties.
4. In Lata Wadwas case. the Supreme Court has awarded
compensation of Rs.2,00,000/– for the children of age group
of 5 to 10 years wherein the accident had taken place in the
year 1989. In the case on hand, the accident took place on
“S -. F
6/ 3/ 2003, which is almost after a lapse of 14 years from the
year 1989. Taking into consideration the depreciation of
money value between the year 1989 and 2003. I am of the
considered opinion that the compensation awarded in the
instant case is just and proper.
5. The learned counsel for the insurance company relying
upon judgments reported in 2005 ACJ 1999 and 2007 AIR
SCW 3424 would submit that the compensation awarded is
excessive. In a decision reported in 2005 ACJ 1999 {in the
case of l\/Ianju Devi and another Vs. Musafir Paswan and
another), the Supreme Court has’ held in the case of non–
earning member, notional income of Rs. 15,000/~ per annum
and multiplier of 15 as per Schedule–II has to be adopted
and awarded compensation of Rs.2,25,000/– for the death of
a boy aged about 13 years. The accident in that case had
taken place in the year 1998. in the decision reported in
2006 AIR SCW 6139 {in {he case of New India Assurance Co.
Ltd. Vs. Satender 8: Others), the Supreme Court has
awarded compensation of Rs.1,80,000/- for the child aged
about 9 years and the accident took place in the year 2002.
gm). {\,,,_g:/x..i,,.,.l/)\.~Ȣa-..~ ,
4
6. in the decision reported in 2007 AER SCW 3424 (in the
case of Kaushlya Devi Vs. Karan Arora 8: Others} the
Supreme Court has awarded compensation of Rs.1,00,000/–
for boy aged about 14 years taking into consideration the
mother was only surviving legal heir.
Therefore, what has been held in the above decisions
is not applicable to the instant case.
7. In the result, E pass the fo1lowing:–
ORDER
The appeal is dismissed. The compensation awarded
by tribunal is confirmed. However, rate of interest ‘ is
modified. The said compensation shall carry interest at 6%
per annum from the date of petition till the date of
realisation. The amount deposited by Insurance Company
shall be transferred to MACT at Bangalore Rural District.
Parties are directed to bear their costs.
Sd/~
JUDGE
S314