C. Pompapathy And Others v. Nazeer Basha And Others
2020-01-10
P.G.M.PATIL
body2020
DigiLaw.ai
JUDGMENT P.G.M. Patil, J. - The appeal is admitted and taken up for final disposal at the request of the learned counsel appearing for the parties. 2. The claimants being dissatisfied with the judgment and award dated 29.6.2012, passed in MVC No. 289/2012, by the MACT-IX, Ballari, have filed this appeal. 3. The claimants claimed compensation before the tribunal for the death of their one year old child in a motor vehicle accident, which occurred on 4.1.2012 at 10.30 a.m., near Idga Masjid road, 14th Ward, Subhash Nagar, Sandur. The said accident was caused due to the rash and negligent driving of Tavera Car bearing registration No. KA-35/A-3900. Therefore the claimants filed the claim petition against the driver, owner and insurer of the offending vehicle claiming compensation of five lakh rupees. 4. In response to the notices, respondents No. 1 to 3 appeared before the tribunal through their counsel. Respondent No. 1 filed the statement of objections adopted by respondent No. 2, wherein they have stated that the vehicle of respondent No. 2 was duly insured with respondent No. 3 and that the accident was not due to the rash and negligent driving by respondent No. 1. Respondent No. 3 the insurer filed the statement of objections denying the claim made by the claimants and that his liability is subject to terms and conditions of policy and valid driving licence held by the driver. 5. On the basis of the pleadings of the parties, the tribunal framed issues. In support of their claim, claimant No. 1 was examined as P.W. 1 and got marked 10 documents as Exs. P.1 to P. 10. On behalf of the respondents, respondent No. 3/insurer produced copy of insurance policy at Ex. R.1. 6. The tribunal, after hearing both the parties, relying on the judgment in the case of R.K. Malik and others v. Kiren Pal, awarded a compensation of Rs. 2,25,000/- with interest at 6% p.a. from the date of petition till its realization. Respondent No. 3 insurer was directed to deposit the compensation amount. 7. The claimants being dissatisfied with the judgment and award have filed this appeal seeking enhancement of compensation on the grounds that the Apex Court in Kishan Gopal and another v. Lala and others, AIR 2013 SCW 5037 has awarded compensation of Rs. 5,30,000/- in case of death of child below 15 years. 8.
7. The claimants being dissatisfied with the judgment and award have filed this appeal seeking enhancement of compensation on the grounds that the Apex Court in Kishan Gopal and another v. Lala and others, AIR 2013 SCW 5037 has awarded compensation of Rs. 5,30,000/- in case of death of child below 15 years. 8. Heard the learned counsel appearing for the parties. 9. The learned counsel for the appellants submitted that, in view of the judgment of the Apex Court in Kishan Gopal stated above, the compensation may be awarded at Rs. 5,30,000/-. Per contra, the learned counsel for the insurer submitted that the Division Bench of this Court in MFA No. 103303/2016 connected with other appeals decided on 14.1.2019, has awarded compensation of Rs. 2,25,000/- and Rs. 40,000/- each towards parental consortium, relying on the judgment in Reshma Kumari and others v. Madan Mohan and another, 2013 ACJ 1253 . The Division Bench judgment is made available for perusal. The learned counsel for the insurer has also relied upon the judgment of the Division Bench of this Court in MFA No. 21210/2013 along with connected appeals decided on 8.3.2018. The Division Bench of this Court in MFA No. 103303/2016 connected with two other appeals decided on 14.1.2019, considered awarding compensation in case of death of child below 15 years. 10. In paragraph No. 30 of the judgment, this Court relying on the judgment in the case of Reshma Kumari and others stated supra, held that, in the case of death of children who are below the age of 15 years, the notional income of the deceased minor child should be considered at Rs. 15,000/- per month and multiplier 15 has to be applied and thus, the compensation of Rs. 2,25,000/- has to be awarded and in addition to that Rs. 40,000/- each towards parental consortium may be awarded, where the claim is by the parents. In addition to that, where the medical expenses is claimed, that may be awarded. 11. Under these circumstances, in the case on hand, wherein it is a case of death of one year child, the claimants are entitled for a compensation of Rs. 2,25,000/- as stated in the judgment stated supra and in addition to that the claimants are also entitled for Rs. 40,000/- each towards parental consortium, which is not awarded by the tribunal.
Under these circumstances, in the case on hand, wherein it is a case of death of one year child, the claimants are entitled for a compensation of Rs. 2,25,000/- as stated in the judgment stated supra and in addition to that the claimants are also entitled for Rs. 40,000/- each towards parental consortium, which is not awarded by the tribunal. Thus, the claimants are entitled for an enhanced compensation of Rs. 80,000/-. Accordingly this Court proceed to pass the following: ORDER The appeal is allowed in part. The claimants are entitled for enhanced compensation of Rs. 80,000/- with interest at 6% p.a. from the date of petition till its realization. However the claimants are not entitled for interest for a period of 534 days, in terms of the order dated 15.11.2017.