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2020 DIGILAW 657 (KAR)

Chinnamma And Others v. R. Mahadeva And Another

2020-03-06

S.R.KRISHNA KUMAR

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JUDGMENT 1. This appeal by the claimants is directed against the impugned judgment and award dated 27.02.2017 passed in MVC No.112/2015, whereby the Tribunal awarded compensation in a sum of Rs.8,63,000/- with interest at 6% per annum in favour of the claimants, towards death of one Madegowda in a fatal road traffic accident that occurred on 13.02.2015. 2. Though the matter is posted for orders, with the consent of learned counsel on both sides, the matter is taken up for final disposal. 3. Counsel on both sides submit, that the occurrence of the accident as well as the coverage of the offending vehicle by the Insurance Company is not in dispute and that the present appeal is restricted to the quantum of compensation awarded by the Tribunal. 4. I have heard the learned counsel for the appellants as well as the learned counsel for the Insurance Company, and perused the material on record, including the impugned judgment and award. 5. Learned counsel for the claimants submits that the Tribunal committed an error in awarding inadequate and insufficient compensation in favour of the claimants. In this context, learned counsel submits that the Tribunal has failed to consider and appreciate the Lok Adalat guidelines as well as the law laid down by the Apex Court in National Insurance Co. Ltd v. Pranay Sethi and others, reported in AIR 2017 SC 5157 and Magma General Insurance Co. Ltd. v. Nanuram @ Chuhru Ram and others, reported in (2018) 18 SCC 130 , and this has resulted in erroneous conclusion. It is therefore contended that the impugned judgment and award passed by the Tribunal deserves to be enhanced by awarding additional compensation in favour of the claimants. 6. Per contra, learned counsel for the Insurance Company would support the impugned judgment and award. 7. As rightly contended by the learned counsel for the claimants, keeping in mind the Lok Adalat guidelines in respect of an accident which occurred on 13.02.2015, and having regard to the age of the deceased which was 51 years at the time of the accident, as well as the law laid down by the Honble Apex Court in Pranay Sethi and Magma General Insurance Co. Ltd. , the compensation payable towards loss of dependency is as under : Rs.9,000/- + Rs.900/- (10%) = Rs.9,900/- Rs.9,900/- x 12 x 11 x = Rs.9,80,000/- 8. Ltd. , the compensation payable towards loss of dependency is as under : Rs.9,000/- + Rs.900/- (10%) = Rs.9,900/- Rs.9,900/- x 12 x 11 x = Rs.9,80,000/- 8. The Tribunal having awarded a sum of Rs.1,70,000/- towards conventional heads, the claimants are entitled to an additional sum of Rs.10,000/- under these heads. 9. Thus, the total compensation payable in favour of the claimants comes to Rs.11,60,000/-. The Tribunal having awarded Rs.8,63,000/-, the claimants are entitled to additional compensation of Rs.2,97,000/- together with interest at 6% per annum, from the date of the claim petition till realization. 10. In the result, I pass the following order:- (i) The appeal is partly allowed. (ii) The impugned judgment and award dated 27.02.2017 passed by the Tribunal in M.V.C.No.112/2015 is hereby modified. (iii) The appellants claimants are entitled to additional enhanced compensation of Rs.2,97,000/- with interest at 6% per annum from the date of claim petition till the date of realization. (iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.