B.M. Basavanna vs A.K. Jamshid

H.G. Ramesh, J.—This appeal by the claimants seeking enhancement of compensation is against the judgment and award passed by the learned Civil Judge (Sr. Dn.) & MACT, Nanjnagud, in MVC. No. 16/2005, dated 23rd August, 2007. Claimants are parents of deceased minor child Kum. Vidya, aged 9 years, who died in the accident. It is the case of the claimants that on 23.11.2004 at about 10.10 a.m. when deceased was standing at the bus stand at Hirikati gate on Bangalore-Nilgiri road, a car bearing registration No. KL-13-G-5444 came in a rash manner and dashed against the deceased, due to which, she sustained grievous injuries and died at the spot.

On the claim petition being filed, matter being contested by the respondent-insurer, the Tribunal raising relevant issues for consideration, after enquiry, holding that the accident was due to negligence on the part of the driver of the car in question, awarded compensation of Rs. 1,54,000/- with interest at 6% p.a. Being not satisfied, appellants are before this Court seeking enhancement of compensation.

Heard the learned counsel representing the parties.

The learned counsel for the appellants relying upon the judgment of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , submitted that the Tribunal by considering the income at Rs. 30,000/- and by applying proper multiplier, could have awarded compensation of Rs. 4,50,000/- towards loss of dependency and Rs. 45,000/- under conventional heads and accordingly, sought enhancement of compensation.

On the other hand, learned counsel for the insurer has relied upon the decision of the Apex Court in the case of Puttamma and Others Vs. K.L. Narayana Reddy and Another, , wherein it is held that till Section 163(A) of the M.V. is amended by the Central Government or Parliament, children up to the age of 5 years shall be entitled for fixed compensation of Rs. 1 lakh and those who are more than 5 years of age, shall be entitled for a fixed compensation of Rs. 1,50,000/- and accordingly, sought to confirm the award passed by the Tribunal.

However, the learned counsel for the appellants has also relied upon the judgment of the Apex Court in the case of Kishan Gopal and Another Vs. Lala and Others, , wherein compensation awarded is Rs. 5 lakhs. But, the aforecited decision reported in Puttamma and Others Vs. K.L. Narayana Reddy and Another, is subsequent to the decision relied upon by the learned counsel for the appellants i.e., on 9th December 2013. Be that as it may, the fact remains that the present claim petition is filed under Section 166 of M.V. Act. Having regard to the facts and circumstances of the case, for the death of minor child aged about 9 years, the claimants are awarded compensation of Rs. 3,00,000/- instead of Rs. 1,54,000/- as awarded by the Tribunal.

Thus, in modification of the impugned judgment and award passed by the Tribunal, the appellants are awarded compensation of Rs. 3,00,000/-. The appellants are entitled for interest at 6% p.a. on the enhanced amount from the date of petition till the date of deposit. The respondent-insurer to deposit the amount within three months.

Appeal is allowed in part.