The main legal point established in the judgment is the application of precedents in determining compensation for motor vehicle accident cases.

ORDER

1. The appellants are the parents of one Srinath who had died in a motor vehicle accident occurred on 04.10.2009 near Kallapu Junction, Moodabettu Village on N.H.17. The appellants filed a claim petition, M.V.C. No.1399 of 2009 before the Motor Accident Claims Tribunal, Udupi, (for short, 'The Tribunal') seeking compensation on account of the death of their son-Srinath. The Tribunal awarded a total compensation of Rs.12,28,750/- with interest at the rate of 6% p.a. from the date of the claim petition till its realization.

2. Feeling dissatisfied with the quantum of compensation, the appellants filed an appeal, M.F.A.No.10433 of 2012, before the High Court of Karnataka at the Bangalore. The Division Bench of the High Court by a judgment dated 29.04.2014 enhanced the compensation to Rs.12,73,750/-, along with interest at the rate of 6% per annum on the said amount from the date of the claim petition till the date of realisation.

3. The appellants have filed this appeal seeking enhancement of the compensation.

4. Learned counsel, appearing for the appellants, has expired during the pendency of the appeal and despite service of notice for making alternative arrangements, no one has entered appearance on behalf of the appellants so far. Even respondent no.1 has also remained unrepresented before this Court.

5. We have heard learned counsel appearing for respondent no.2-ICICI Lombard General Insurance, perused the impugned judgment and other materials available on record.

6. There is no dispute as to the occurrence of the accident and the liability of respondent no.2-ICICI Lombard General Insurance to pay compensation. Having regard to the judgment of this Court in Sarla Verma (Smt.) and Ors. vs. Delhi Transport Corporation and Anr., (2009) 6 SCC 121 and the subsequent Constitution Bench judgment of this Court in National Insurance Company Limited vs. Pranay Sethi and Ors., (2017) 16 SCC 680 we are of the view that the compensation awarded to the appellants by the courts below requires to be enhanced. Therefore, we have re-computed the compensation payable to the appellants. We are of the considered view that the appellants are entitled for an additional sum of Rs.6,36,000/- towards compensation. Ordered accordingly.

7. Hence, we direct respondent no.2-ICICI Lombard General Insurance to deposit a sum of Rs.6,36,000/- with interest at the rate of 6% per annum from the date of the claim petition till its realisation before the Tribunal within a period of six weeks from today. The appellants are permitted to withdraw the same in equal proportion.

8. The judgment of the High Court impugned herein is modified to the extent indicated above and the appeal is accordingly allowed. There shall be no order as to costs.

9. We direct the Registry of this Court to send a copy of this order to the appellants forthwith.

10. Pending applications, if any, shall also stand disposed of.