IN THE HIGH COURT 0? KARNATAKA AT BA,:ic§){:;{é'R§: ~
DATED was THE mfi DAjf»QE"MA§?'CH' i'2Q€§9:*
PREsENT A &' ': _
THE'. HON'BLE MR.,»JU_STK5E- :3
1 .
THE HOINVBLE M}§,;n;s1=fic._§;.A ,%'A..s;.i52a.c;HHAPURE
MfF.A. No,993_29j2iQo5.
BETWEEN
NINGAMMA , '-
W/O LATE H.§;NUv:sgAIA«;;g,_ _
R/O sUJJ;gLu:v. FOR PROF K s SREEKANTH ASSOCIATES ;
A1§u:a -:- T V' n '
I Ll.NGAM'MA.~"
-- W/O.K,CKPU'¥'l'ANNEG0WDA
KIRGAVALU VILLAGE
v " AA MALAVALLI TALUK
,MA§f-IDYA
" {ME BRANCH MANAGER
' .:NA'I*1oNAL INSURANCE co LTD
v V ROAD, MANSYA RESPONDENTS
(31SERVED,sRr.A.N.KR1sHNAswAMY,Ar.>v. FOR R-2) E3/,
was MFA FILED U/S 1793(1) OF MY ACT AGAINST THE
JUDGMENT AND AWARD DATED:1ES,6.05 PASSED Irixjmvc
240.302/05 ON THE FILE OF’ THE DISTRICT JUDG§;,”‘–MA§iTf:,
MANDYA, PARTLY ALLOWING THE CLAIM P§:i’_13iTm’_r§«…
COMPENSATION AND SEEKENG ENHA1\_:{:’;3;g4Ei:§T ”
CGMPENSATION. –
THIS M.P’.A. COMING ON F’01é~._’A”Dg§11ss1t::§I,”*r¥11S{ :”3AY;.V’
KUMAR.J., DELIVERED THE F’Oi§E.uO’cEfING:A’v- V
JU1)GME2«I*_I’_
This is a claimant’§* enhancement of
compensatien:AV.i%;1;deafl1—-e1’A’her.soi1, the bread earner in the
2. Thue’—.aeppe1 1a;;1t’s” Narayana alongwith his brother
V. iv£:re__,tr.ave]1ing in a bus bearing No.1\/IYN 4882
towards Kiragavaiu on 26.10.2001 at 5.15
‘=T’}:1e driven in a rash and negligent manner by
‘its gear the water tank caiied ‘fialklini kem’, it met
with aecident. On account of the injuxies sustam’ ed in the
b’ éecident, the said Narayana died heaving behind his
” éfiether as the eniy legal heir. The mather preferred a claim
” the negligent driving by the driver of the
W.b13s« 3 ‘Vin and as such actionabie negligence is
‘jjlis was taken, at Rs.100/– per day and the muitipkier of
V’ xw’a’s._acEVopted on the basis that the mother of the deceased
eged ‘?0 years. Thus the Txibunal awarded a sum of
u 1,52,0{}G/ ~ as giobal compensation for the death of her son.
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petition under Section 166 of the M.V.Act the
compensation in a sum of Rs.5,0(),(){}()/ –.
3. Respondents afler sexvice of notice e1_2.te:e;<:ij ..
and filed their written statement conisesfing
not dispute the accident nor the '*eovera;ge L.
4. To substantiate her the fiiexamined
herself as PW .1 and her’«-e;izoAti§ers.j_»sofi’V– who
was a witness to the aeeiriezhtiasv produced five
to RES. On behalf of
the respo:1cie.ote,. was adduced. On the aforesaid
materiai on ‘:’eeo§d,_1′;heA held that the accident was on
es£a1jiieheéi.’.V”‘f’§’ifieVdeceased Narayana was aged about 24 years.
Aggrieved by the same, the appellant is before this Court. \/
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the just compensation. Thezefom, the award passed by the
Tzibunal requircs to be interfered With. Hence fs7;fe_: ‘
foliowing order.
(a) The appeal is allowed in
(b) In substitution of the av§?aIti”–of th.¢
award an amount of at”
5% p.a. from the da.t_e_: ‘e:f_ pgafififiwfi a me date of
payment._.. of shall be kept
in any a of five years
in the lugnaé tile the mmaining 25%
entitied to withdraw
-2511 the said amount.
Sd/~
Judge
Séjw
Sufiga