1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 19TH DAY OF JUNE 2014 BEFORE THE HON'BLE MR.JUSTICE N.ANANDA M.F.A.No.4688/2012 (MV) BETWEEN: 1. SRI S SHIVAKUMAR S/O SIDDAPPA, 29 YEARS 2. SMT. T P BHAVANI W/O S SHIVAKUMAR, 24 YEARS BOTH ARE R/AT LINGADAHALLI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. APPELLANTS (BY SRI D R BASAVARAJAPPA, ADV.) AND: 1. SRI RUDRAPPA S/O D S ESHWARAPPA, 69 YEARS LINGADAHALLI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213 2. SRI G R VEERABHADRASWAMY S/O RUDRAPPA, 38 YEARS LINGADAHALLI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213 3. THE MANAGER UNITED INDIA INSURANCE CO. LTD. BRANCH OFFICE AT 1ST FLOOR MALLIKARJUNA COMPLEX MAHILA SAMAJA ROAD A V K COLLEGE ROAD 2 DAVANAGERE - 577 002. RESPONDENTS (BY SRI GANGADHAR G D, ADV. FOR R1 & R2; SRI A N KRISHNASWAMY, ADV. FOR R3) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.01.2012 PASSED IN MVC NO.71/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHANNAGIRI. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. [ THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT
The claimants are the parents of deceased child who was aged about 3 years at the time of accident. They have filed this appeal for enhancement of compensation.
2. The tribunal has awarded global compensation of Rs.2,25,000/-.
3. In a decision reported in [PRECEDENT] (in the case of [ENTITY] and Others -vs- State of Bihar and others), the Supreme Court has held: the compensation payable for the death of children between the age group of 5 to 10 years would be three times the compensation payable on no fault, that would be a sum of Rs.1,50,000/-, in addition to this, a sum of Rs.50,000/- shall be added towards pecuniary damages.
4. In a decision reported in [CASE NUMBER] (in the case of [PRECEDENT]) the Supreme Court has held: while awarding compensation in [ENTITY]'s case, the Supreme Court has taken the provisions of [SECTION] of the [ACT]. [SECTION] of the [ACT] was introduced in the year 1994. From the year 1994, rupee value has come down drastically.
In the circumstances, I deem it proper to award additional sum of Rs.50,000/- under conventional heads (pecuniary damages) in addition to what has been awarded by the tribunal.
5. In the result, I pass the following:
ORDER
(i) The appeal is accepted in part.
(ii) The impugned award is modified by enhancing compensation of Rs.2,25,000/- to Rs.2,75,000/-
(i) The rest of the impugned award is confirmed.
JUDGE Np/-