AI Structured Summary
Not yet generated for this judgment
Judgment
Ashok B. Hinchigeri, J—All these three appeals arise from the judgment, dated 17.01.2013 passed by the Motor Accident Claims Tribunal-II, Ballari (hereinafter referred to as ''the Tribunal'' for short) in M.V.C. No. 995/2012. M.F.A No. 21083/2013 is filed by the former owner of the vehicle in question, M.F.A. No. 21733/2013 is filed by the Insurance Company and M.F.A. No. 21834/2013 is filed by the claimants.
Sri M.B. Kanavi, the learned counsel for the appellant in M.F.A. No. 21083/2013 submits that the former owner has to file this appeal because the Tribunal has said that all the respondents are jointly and severally liable to pay the compensation to the claimants.
Sri S.K. Kayakmath, the learned counsel for the appellant Insurance Company submits that the awarding of Rs. 3,75,000/- by the Tribunal for the death of 10 years old child is on the higher side. He submits that as per the Apex Court''s judgment in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) ACJ 1298 : AIR 2009 SC 3104 : (2009) CLT 1055 : (2009) 6 JT 495 : (2009) 6 SCALE 129 : (2009) 6 SCC 121 : (2009) 5 SCR 1098 : (2009) 5 UJ 2280 : (2009) AIRSCW 4992 : (2009) 3 Supreme 487 , the claimants are entitled to Rs. 1,80,000/-. He submits that under no circumstances, the amount of compensation can exceed Rs. 2,25,000/-.
Sri Y. Lakshmikant Reddy, the learned counsel for the claimant appellants submits that for the death of 19 years old boy, the Division Bench by its judgment, dated 10.10.2013 passed in M.F.A. No. 24893/2010, has awarded Rs. 5,59,500/-.
The Division Bench by its judgment, dated 19.12.2014 in M.F.A. No. 24928/2013 has awarded Rs. 5,00,000/- for the death of 12 years old child. In M.F.A No. 100881/2014 disposed of on 26.11.2014, the Division Bench has enhanced the compensation to Rs. 5,00,000/- for the death of 10 years old child in the road traffic accident. There has to be consistency and uniformity in the orders of the courts. Following the said two Division Bench judgments of this Court, I raise the compensation from Rs. 3,75,000/- to Rs. 5,00,000/-. It is made clear that the amounts enhanced herein shall also carry interest at the rate of 6% per annum from the date of the institution of the claim petition till the date of payment.
M.F.A. No. 21083/2013 appears to have been filed by way of abundant caution. As the Insurance Company is directed to deposit the amount, the former owner was not required to file the appeal.
In the result, M.F.A. No. 21733/2013 and M.F.A No. 21083/2013 are dismissed. M.F.A. No. 21834/2013 is allowed in part.
The amount deposited by the Insurance Company is ordered to be transferred to the Tribunal for being disbursed to the claimants in accordance with law.
The amount deposited by the former owner (appellant in M.F.A. No. 21083/2013) is ordered to be returned to the said appellant.