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Judgment
N.K. Patil
This appeal by the claimant is directed against the judgment and award dated 30th December 2010, passed in MVC No. 8/2007, by the Presiding Officer, Fast Track Court and Motor Accident Claims Tribunal, Kodagu, Madikeri, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 1,97,500/- awarded in favour of the claimant as against her claim for Rs. 10.00 lakhs, is inadequate. I have heard learned counsel for appellant and learned counsel for Insurance Company.
After careful perusal of the judgment and award passed by Tribunal, it is seen that, the occurrence of accident at about 1:30 P.M. on 28-10-2006, when the deceased son of the claimant was going by walk, from Koodige towards Mallenahalli, and the resultant death of a minor boy, aged about fourteen years, on account of the injuries sustained in the said accident, are not in dispute. It is also not in dispute that, the accident occurred purely on account of the rash and negligent driving by the driver of the Lorry bearing Registration No. KA-04/A-3882.
On account of the death of the deceased minor son, the claimant/appellant, being the mother, filed the claim petition before the Tribunal seeking compensation of a sum of Rs. 10.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 30th December, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding compensation of Rs. 1,97,500/- with interest at 6% per annum from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.
Learned counsel appearing for both the parties, at the outset, fairly submitted that, this matter may be disposed of, in the light of the judgment of the Apex Court in the case of Manju Devi and Another vs. Musafir Paswan and another reported in 2005 ACJ 99, by awarding global compensation of a sum of Rs. 2,25,000/- in full and final settlement of the claim as against the compensation of Rs. 1,97,500/- awarded by Tribunal. Placing the submission of learned counsel for the parties, as stated supra, on record, this appeal is disposed of, awarding global compensation of Rs. 2,25,000/- in full and final settlement of the claim, following the judgment of the Apex Court in the case of Manju Devi and Another vs. Musafir Paswan and another reported in 2005 ACJ 99 as against the compensation of Rs. 1,97,500/- awarded by Tribunal.
The Insurance Company is directed to deposit the enhanced compensation of Rs. 27,500/-, with interest thereon at 6% per annum, excluding interest for the delayed period of 488 days in filing the appeal, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance Company, the entire sum shall be released in favour of the appellant, immediately.
Office to draw award, accordingly.
Shri. S.N. Aswathanarayana, learned counsel is permitted to file vakalath on behalf of second respondent, within four weeks from today.