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Judgment
B. Manohar, J.—The New India Assurance Company Limited has filed this appeal challenging the judgment and award dated 23-12-2014 made in MVC No.4419/2011 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as ''the Tribunal'', for short), whereby the Tribunal has awarded exorbitant compensation.
Respondents 1 and 2 herein had filed a claim petition contending that on 9-6-2011 at about 12.30 p.m., deceased Kanu Behara was proceeding in a motorcycle as a pillion rider along with her Uncle Parashuram Malik, on the left side of Anekal-Jigani main road. At that time, the driver of the tempo bearing Registration No.AP-26/W-0699 drove the same in a rash and negligent manner and in a high speed and dashed against the motorcycle. Due to that the rider as well as the pillion rider fell down and sustained grievous injuries. However, the pillion rider sustained fatal injuries to the vital parts of the body and died on the spot. Father and mother of the deceased filed the claim petition seeking compensation for the death of their four years- daughter.
The insurance company defended the case by filed written statement.
After trial, the Tribunal held that the accident occurred due to the actionable negligence on the part of driver of the offending tempo and the minor child died on the spot. Hence, the claimants are entitled for compensation. The Tribunal relying upon the judgment of the Hon''ble Supreme Court reported in 2013 ACJ 2594 in the case of Kishan Gopal and another v. Lal and another awarded global compensation of Rs.5,00,000/- for the death of minor child with interest at the rate of 6% p.a.
The insurance company being aggrieved by the exorbitant compensation awarded by the Tribunal has filed this appeal, mainly contending that the judgment relied upon by the Tribunal is not applicable to the facts of the present case. In Kisan Gopal case (supra), a 10 years- old boy who was assisting his father in agricultural work died in the accident. In those circumstances, the Hon''ble Supreme Court had awarded compensation of Rs.4,50,000/- towards loss of dependency and Rs.50,000/- towards conventional heads. In all, the Hon''ble Supreme Court had awarded a sum of Rs.5,00,000/-. In the instant case, the deceased was aged about 4 years. While she was proceeding on a motorcycle along with her Uncle, she died in the accident. The issue is squarely covered by the earlier judgment of the Hon''ble Supreme Court in the case of R.K. Malik and another v. Kiran Pal and others, reported in 2009 ACJ 1924 : (AIR 2009 SC 2506) and sought for modify the judgment and award passed by the Tribunal.
Sri. L. Harish Kumar, learned counsel appearing for the Respondents 1 and 2 argued in support of the judgment and award passed by the Tribunal and contended that on the basis of judgment rendered by the Hon''ble Supreme Court, the Tribunal has awarded just and fair compensation and sought for dismissal of the appeal.
I have carefully considered the arguments addressed by the learned counsel for the parties and perused the judgment and award, oral and documentary evidence adduced by the parties.
The Tribunal relying upon the judgment of the Hon''ble Supreme Court in Kishan Gopal case has awarded global compensation of Rs.5,00,000/- for the death of minor daughter. The facts in Kishan Gopal case and the facts in the case on hand are entirely different. In the instant case, the deceased was aged about 4 years. Hence, the judgment relied upon by the Tribunal is not applicable to the facts of the present case.
The issue raised in this appeal is covered by the earlier judgment of the Hon''ble Supreme Court in R.K. Malik case (supra). In the said case, for the death of 4 years- old child, the Hon''ble Supreme Court had awarded global compensation of Rs.3,75,000/-. Following the said judgment, I hold that the claimants are also entitled for compensation of Rs.3,75,000/- with interest at 6% p.a. Accordingly, I pass the following :
ORDER
The appeal is allowed in part. The judgment and award dated 23-12-2014 passed by the Motor Accident Claims Tribunal, Bangalore in MVC No.4419/2011 is modified. The claimants are entitled to compensation of Rs.3,75,000/- with interest at the rate of 6% p.a.
The amount in deposit before this Court is directed to be transferred to the Motor Accident Claims Tribunal, Bangalore forthwith, for disbursement.