IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF DECEMBER, 2010
:PRESENT:
THE HODPBLE IVIRJUSTICE N.K.pA1_frL-- f A'
AND
THE HOIWBLE MR.JUsT1c:}:. 'V,
M.F.A. No. 11761'of2005 "
Between:
1. Smt. Jayamma, _«
W/0. Late Marappa, ~ _ ' L 1, _
Aged about 33 years. _ '
2. Manjula, ,
D/0. Late. iVIar§gippa~, _V
Aged a13"out_,.'i.7 "yéars."--fj'.--
3. M. Kavitha, . V' _ _
D/0. I;a14:e*Marappa, .-- V
Agevd abdL1t '1.5year's.
* . 4, ..fifafiT\1Fi, 'V ..... _. v
' V. 3 S ,' 0.' Lat¢"1\/Earappa,
Ag€'d.»§ib.O"'L1f§V years.
A A to 4 are minors,
"Rep:j'éSe.r{ted by their next friend
And Natural Guardian mother,
.. _Appe~1iant No.1.
A '»-AiA1 are R/0. Karihobanahalli,
Haimangala Hobii,
Hiriyur Taluk,
Chitradurga. District.
....Appellants
(By Sri. Shivaprasad, Advocate)
And:
1. Smt. i2ajyalal<shrni.G,
C/o. Govinda Tajulu,
No.6--1-47, RTC Colony,
Near Nagarjuna Hospital,
VijayaWada--52O O07, ._
Andra Pradesh. 1
2. United India Insurance Co;.,_Ltd.,
Regional Office, '
Canara Bank Building,
M.G.Road, _
Bangalore.
Represented by its
Branch Manager. V ,
V '- «V " ....Respondents
(By std. adtoeate for R2;
Noticeito R1 dispensed’ ‘~\_’?l’/’Al.{L7i”1~'”V/O. dated 30/09/2010)
‘sasswsww
.§ll’l’1*1.is MFA.__is med U/s. 173(1) of MV Act against the
Juidgmgent and Av{fa’1″d’dated: 20/04/2005 passed in MVC No.
a 3509/2003 on the file of the learned v11 Addl. Judge, Court
‘ofgSrmall_’Cau_se–s and Member I\/iACT–3, Metropolitan Area,
._B’a’ngalor”e.,_(SCCH~3), partly allowing the ciairn petition for
corripensatio_ril’ and seeking enhancement of compensation.
~.Thg’s M.F.A. coming on for Hearing this day,
N,I_{. PATIL J, delivered the following:
/_ __,,,«
‘\.aJ
:JUDG MENT:
This appeal by the appellants is directed a_gai;n.sit*..the
impugned judgment and award dated
MVC No. 3609/2003 by the learned VIE Additional:Judge,” 2
Court of Small Causes and Member, Motor
Tribunal–3, Bangalore (SCCH’–3i)_., (hereinafter to as
Tribunal’ for short).
2. The Tribur;%:*~«:,.by and award has
awarded a sum of heads with
interest at fr.orlnr’ithe…..dlate of petition til}
payment, thiellappellants for a sum of
lhthleiideath the deceased Sri.
Marappa, in the V accident.
g_ brief,.th*e if the case are:
appelllan’t”‘No.l is the wife, appellant Nos. 2 to 4
‘the”rniln,orV:children of deceased Sri. Marappa. They filed a
pegtitionitibefore the Tribunal under section 166 of M.\/.
Act, clalirning compensation of ?12,00,000/–, on account of
ii the’-zieath of the deceased in the road traffic accident that
occurred on 22.6.2003 at about 1.50 p.m. near
95M
/, f.–‘___,_,,r-
The remaining sum of ?69,000/~ with accrued
interest shall be released in favour of the –apV;”3fe.1_}fant
Nos.1 to 3 in equal proportion, immediatelfi’
by the Insurer.
Office is directed to draw the