High CourtsDivision Bench(2010) 11 KAR CK 0026

A. Ismail , Ameena and Assinar vs Mohiddin, Harivindra Singh, Oriental Insurance Co. Ltd. and Mohammad Ibrahim Beary

Karnataka High Court · Decided on 2 November 2010

HON’BLE JUDGES
N.K. Paul, J · H.S. Kempanna, J
CASE NUMBER
M.F.A. No. 4619 of 2005

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Judgment

8 paragraphs · 367 words

N.K. Patil, J.—This appeal is directed against the impugned judgment and award dated 20.07.2004 passed in MVC No. 654/1998 on the file of the Principal Civil Judge (Sr. Dn.) & Additional MACT, Udupi (heroinaftar referred to as Tribunal'' for brevity). The Tribunal by its impugned judgment and award awarded a sum of Rs. 7,488/- with 8% interest per annum from the date of petition till the date of realisation. Being aggrieved by the quantum of compensation awarded by the Tribunal, the claimants have presented this appeal seeking enhancement of compensation.

2.

The occurrence of the accident and resultant death of the deceased are not in dispute. The deceased was admitted for about three days and undergone treatment as inpatient and he has produced the medical bills for `6,788/- and they might have spent reasonable amount towards conveyance, nourishing food and attendant charges. This aspect of the matter has not been looked into nor considered properly by the Tribunal and awarded meagre compensation of `7,488/-towards medical bilk and other conventional heads.

3.

We have heard the learned Counsel for the Appellants and the learned Counsel for the third Respondent - Insurance Company.

4.

Learned Counsel for the parties at the outset fairly submitted that it would be just and proper if another `20,000/- is awarded, in addition to what has been awarded by the Tribunal. The said submission is placed on record.

5.

After careful perusal of the oral and documentary evidence and the submission of the learned Counsel for the parties and taking into consideration the facts and circumstances of the case, we deem it fit to award another `20,000/- in addition to the compensation awarded by the Tribunal, in full and final settlement of the claim.

6.

The Respondent No. 3 - Insurance Company is directed to deposit the enhanced compensation of `20,000/- with interest at 6% p.a. from the date of petition till the date of realisation, within a period of three weeks from the date of receipt of copy of the judgment and award.

7.

On deposit of the said sum by the Insurance Company, the same shall be released equally in favour of all the claimants, immediately.

Office to draw the award, accordingly.