1




     In The High Court Of Karnataka At Bangalore

        Dated This The 22Nd Day Of March, 2013

                        Before

        The Hon'Ble Mr.Justice Aravind Kumar


      Miscellaneous First Appeal No. 4363/2009(Mv)
                           C/W
         Miscellaneous First Appeal No. 609/2009

M.F.A.4363/2009

Between:

1.     Smt.Saramma,
       Aged About 45 Years,

2.     Abubacker Siddique,
       Aged 26 Years,

3.     Mumtaz,
       Aged 22 Years,

4.     Issac,
       Aged 21 Years,

5.     Kairunnisa,
       Aged 17 Years,

6.     Saifunnisa,
       Aged 16 Years,

(Appellant Nos.5 & 6 Are Minors
And Represented By Their Next
Friend Mother-Appellant No.1
As Guardian)

Appellant No.1 Is The Wife And
                            2




Appellant No.2 To 6 Are The
Childeren Of K.M.Mohmmed And
All Are Residing At Morankala House,
Nelljady Village & Post,
Puttur Taluk, D.K.
                                         ...Appellants

(By Sri.Pundikai Ishwara Bhat, Adv.)

And:

1.     D.Jagadish, Major,
       S/O Dore Swamy Naidu,
       No.625, 80, Pete Road,
       2Nd Block, Dr.Rajkumar Road,
       Bangalore-10.

2.     United India Insurance Co.Ltd.,
       B.O.No.89, 11Th Cross,
       Sampige Road,
       Malleshwaram,
       Bangalore,
       Reptd. By Its Manager.

3.     Mohammed Basheer,
       Major,
       S/O Abdul Rahiman
       Badria Cross Road,
       Bunder, Mangalore, D.K.

4.     The New India Assurance Co. Ltd.,
       Rama Bhavan Complex,
       Kodialbail,
       Mangalore,
       Rep. By Its Manager.

5.     The Divisional Manager,
       National Insurance Co. Ltd.,
       Divisional Office,
       Bharath Building,
       P.M.Rao Road,
                            3




       Mangalore                     ...Respondents

       (By Sri.P.B.Raju, Adv. For R2;
       Sri.R.Rajagopalan, Adv. For R4;
       Sri.A.Ravi Shankar, Adv. For R5;
       Notice To R1 And R3 Held Sufficient
       V/O Dated 1.2.13)


     This Mfa Is Filed U/S.173(1) Of Mv Act Against
The Judgment And Award Dated 17.10.2008 Passed
In Mvc No.1657/1999 On The File Of The Member,
Mact, Puttur, D.K, Partly Allowing The Claim
Petition   For     Compensation      And    Seeking
Enchancement Of Compensation.

M.F.A.609/2009

Between:

The Divisional Manager,
National Insurance Company Limited,
Divisional Office,
Bharath Building,
P.M.Rao Road,
Mangalore.

Represented By:

The Regional Manager,
National Insurance Co. Ltd.,
Regional Office,
Shubharam Complex,
144, M.G.Road,
Bangalore,
By Its Manager.
                                        ...Appellant

(By Sri.A.Ravishankar, Adv.)

And:
                          4




1.   Smt.Saramma,
     Aged About 45 Years,
     W/O Late K.M.Mohammed,
2.   Abubacker Siddique,
     Aged About 26 Years,
     S/O Late K.M.Mohammed.

3.   Mumtaz,
     Aged About 22 Years,
     D/O Late K.M.Mohammed.

4.   Issac,
     Aged About 21 Years,
     S/O Late K.M.Mohammed.

5.   Kairunnisa,
     Aged About 18 Years,
     D/O Late K.M.Mohammed.

6.   Saifunnisa,
     Aged About 17 Years,
     D/O Late K.M.Mohammed.

Minor Represented By Her Natural
Guardian Mother
Smt.Saramma, Claimant No.1

7.   Khatizamma,
     Aged About 74 Years,
     W/O Late K.N.Sulaiman,
     Dead By Lr'S Of Respondents 1-6

8.   D.Jagadish,
     S/O Dore Swamy Naidu,
     Aged About 45 Years,
     No.625, 80, Pete Road,
     2Nd Block, Dr.Rajkumar Road,
     Bangalore-10.

9.   United India Insurance Co.Ltd.,
     B.O.No.89, 11Th Cross,
                               5




      Sampige Road,
      Malleshwaram,
      Bangalore,
      Reptd. By Its Manager.
10.   Mohammed Basheer,
      Aged About 48 Years,
      S/O Abdul Rahiman
      Badria Cross Road,
      Bunder, Mangalore.

11.   The New India Assurance Co. Ltd.,
      Rama Bhavan Complex,
      Kodialbail,
      Mangalore0560010.
                                    ...Respondents

(By Sri.Pundikai Ishwar Bhat, Adv. For R1 - R6;
     Sri.P.B.Raju, Adv. For R9;
     Sri.R.Rajagopalan, Adv. For R11;
     R1 To R6 Are Treated As Lr'S Of R7;
     Service Of Notice To R8 And R10 Held
     Sufficient V/O Dated 1.2.13)


     This Mfa Is Filed U/S.173(1) Of Mv Act Against
The Judgment And Award Dated 17.10.2008 Passed
In Mvc No.1657/1999 On The File Of The Member,
Mact, Puttur, D.K, Awarding A Compensation Of
Rs.3,11,732/- With Interest At 6% P.A Fromj
20.08.2005 Till Deposit.

     These MFAs Coming On For Final Hearing This
Day, The Court Delivered The Following:


                      Judgment