" «Dexrafi-%;h.aVi1i¢ Taluk,
_¢ (By K..«R;1\?Iura1ikfishna, Advocate)
- 1: = {iiiien of India,
IN THE HIGH COURT OF KARNATAKA AT _V
DATED THIS THE 15%" DAY OF NOVEMBER: A' %
:PRESENT: _ 1' H in % T '
THE HON'BLE MR.JUsTI:eiiV 1;\§,'K;15Afr:;i:_.: " "
THE HON'BLE MR.JUsTiVei§
M.F.A.. 1 1:71 of':3o;Q§._ «(MV1 '
Between: . V
1. Sri. K.Pata1aippa§"' _ ,
S/0. "
Aged ab0ut..4'.§3.y'ears '
2. Smt. Sharadzfin a«w/Q. 'I<{__._ Patalappa,
Dead'her'LRi~.'V"--i_ " __
Sri. K.P..__Anandc-1_ B~:--.1bu." "
S/o. Pataiappa K..._ A '
Boih aft; r/at Afianriaznangala village,
' _B'ainga10re<Ri:u"_a1 District.
.. ..Appe11ants
Represented by its
Secretary to Ministry of Defence,
South Block,
New Delhi.
K)
2. Major 0 C M T Co.,
ASC Centre and College,
Banga1ore--560 007.
3. Sub Area Commandor,
Karnataka and Goa Region.
Cubbon Road,
Bangalore.
4. The General Officer, _
Commandor of Southern Region,'
Fort Island ground, ' C' 3 ' V
Chennai. -. vv ~
= pg"-j;...Respondents
(By Sri. H.C.Sui1dai=és_h,.CGS.C for, R1 8:
R3 & R4 served jand'iinrepresentedl '
. -' 9'1t**ll"'l"l<*i=* H 3
Thlisl"MFAj; is U/"s. i7'3{"1*)" of MV Act against the
Judgment and AWard"«dated':-.30./G7/2005 passed in MVC No.
1 166/2003 'en' thefile 'ofthe XIX Addl. sea and Member
MACT, Court of Smalt1A"Cgau.se's, Bangalore [SCCH--17], partly
allowing the 'claim petl_tio«:e.~~ll for compensation and seeking
€I'll'laI1'C(.'i'I""1AC1'}.t of-.r:on'1pensation with interest at 12% p.a.
1VI.f'.A. leeining on for Hearing this day.
PATEL, delivered the following:
:JUDGMENT:
islclaimants’ appeal filed against the impugned
lllgjtiéigxnentllland award dated 30/ 07/ 2005 passed in MVC No.
..,i,’.–1’1-S6/2003 by the XlX Additional SCJ and Member, Motor
“-.,gllA’Cleidents Claims Tribunal, Court of Small Causes,
0. Metropolitan Area, Bangalore (SCCH–17), (hereinafter
/ H_W_#_,,.,…..x
Ln.)
referred to as ‘ Tribunal’ for short), for enhancement of
compensation.
2. The Tribunal by its judgment ~
awarded a sum of 34,05,000/~ under.. different” ll”
interest at 6% per annum from the–.da;t_ei of petition
deposit, as against the claim the appellants’ of
?15,00,000/–, on acco
t of the___id’ea_th,_of the–.deceased Sri.
K.P.Chandre Gowdeat in
3. In
The the parents of the
deceased it and they have filed a
claim petition under section 166 of IVLV.
Act, claiming compensation of ?’15,00.000/–, on account of
they the deceased in the road traffic accident, that
‘V1l3.Q_l.-2O03 at about 7.45 a.m., due to the rash
and *-negl_1′.genAt’.= driving by the driver of the Lorry bearing
near Highway Hotel on NH7 road when he
it pl.iiras.,_or’oceeding in his Motor Cycle bearing No.KA~02-E-
It is the further case of the appellants that, the
lddeceased was hale and h 1 hy prior to the accident, looking
-WfiM”___M,,__.l.,J
4
after the Dhabha belonging to his father, managing 15
acres of land and also carrying on milk vending business
and looking after the welfare of the family and due
untimely death they suffered lot. The said claim ‘
had come up for consideration before.._4the_’l;llribo’nalL’ uh’
Tribunal after appreciating the and
evidence and other materia,l”‘~…available. has
allowed the claim petition and’ “awAar,d§ed the
compensation of ?4,05,lO’OllC_l/’ heads with
interest_.at. tn-e._d-Eite of petition till its
deposit}, Not with the compensation
awarded ‘llribun’a}.:_”~the appellants have presented
v c_this,_’a5ppeal,VVtfor enhancement of compensation.
‘ heard the learned counsel appearing
for tappletllants at considerable length of time.
lb°a…4_l’During~ course of the submission, he has submitted
“after receiving the compensation awarded by the
the mother of the deceased died and her legal
Llrepresentative was b%ght on record before the
é/
Towards Loss of dependency ‘<' 4,50,OOO/5 ._
Towards loss of estate
15,000/–f'~f§p
? .
Towards loss of love and affection ?’ 10,0.QfO/’–~f_’j _
? –.
Towards funeral and transportation expenses * 7. Accordingly, the filed"
is allowed in part and thevAy.irrvrp»11gnedfhjudgmefht and
award passed by the 166/2003 is
hereby modified; euonilpensation of
€435,000 /~:f 050,000″/»§’ffVVaWarded by the
Tribunai.._A ” compensation comes to
e80,000/-Vllfwvith interearat so/0 p.a., from the date of
= «petition 3111; its relalis-ation.
V Vf”The:_;’1’e’sp:ondent Nos. 2 and 3 are directed to
deposit enlliaeniced compensation with interest, within a
lff”‘~.-‘.._’_lperiod ofwflaur weeks from the date of receipt of a copy of
jjlndgment and award.
=VV50% with proportionate i
est shall be invested in the
5″”
Out of the enhanced iompensation of $80,000/–,
Total ‘<'4.se5.0oOo/»yep'? if
Fixed Deposit in any Nationalized or Schedule
the name of the appellant No}. for a period of _
and renewable for another five years, vvith_-li*bVe1'fty hpinin '4 " is
to withdraw the interest accrued it_,~p.eriodhie.aJl}f." :;_*
The remaining 50% proportionate1,i._'interestd
shall be released in '_ favour___l:of:__ 'the No.1
immediately, on deposit"hy the r3esp4on'd:erit_Nos. 2 and 3.
Office is directed to 'accordingly.
Sd/~
EUDQE
Sd/4
§$DGE
tsn*71f»Jat