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2017 Supreme(Online)(Kar) 10

KARNATAKA HIGH COURT
*N. K. Patil, Pradeep D. Waingankar, JJ.
Rajeshwari G. Bhuyar and Others v. Sindhu Travels and Another
M. F. A. No. 1332 of 2014



1. This appeal by the claimants is directed against the impugned judgment and award dated 6.11.2013, passed in MVC No. 2553 of 2012, by the III Additional Senior Civil Judge and Member, Motor Accidents Claims Tribunal, Bengaluru (SCCH - 18) (hereinafter referred to as 'the Tribunal' for short) seeking to enhance the compensation.

2. The Claims Tribunal by its judgment and award has awarded compensation of Rs. 87,37,145 under different heads with interest at 8 per cent per annum from the date of petition till the date of realization on account of death of deceased Annappa Mallappa Hipparagi in a road accident.

3. In brief, the facts of the case are:

Appellant No. 1 is the wife, appellant No. 2 is the minor daughter, appellant Nos. 3 and 4 are the parents of the deceased Annappa Mallappa Hipparagi and they filed a claim petition before the Tribunal under S.166 of Motor Vehicles Act, claiming compensation of Rs. 6,30,00,000 against the respondents, on account of the untimely death of the deceased Annappa Mallappa Hipparagi in a road accident. It is the case of the claimants that on 21.2.2012 at about 6.45 a.m. when the deceased was going on the motor cycle bearing registration No. KA 04 - EL 6937 on Varthur Main Road, Bangalore, the driver of a private bus bearing registration No. KA 01 - AA 9879 came at a high speed and in a rash and negligent manner and dashed against the hind portion of the motor cycle. Due to the impact, the deceased fell down and sustained grievous injuries and succumbed to the same.

4. It is further case of the appellants that the deceased was aged about 45 years and working as Section Manager at Makino India Pvt. Ltd., drawing gross salary of Rs. 90,924 per month and he used to spend the entire sum for the welfare of the family. He was the only earning member of the family and entire family was depending upon the income of the deceased. On account of his untimely death, the wife has lost her life partner and the child has lost love and affection, guidance, inspiration and security in life. His parents are deprived to see the bright future of their son. It has also affected social, moral and economic condition of the family. Therefore, they were constrained to file a claim petition against the respondents claiming compensation. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on record, allowed the claim petition in part, awarding compensation of Rs. 87,37,145 under different heads with interest at 8 per cent per annum, from the date of petition till the date of realization. Not being satisfied with the impugned judgment and award passed by the Tribunal, the appellants have presented this appeal on the ground that the Claims Tribunal has erred in deducting a sum of Rs. 20,00,000 received by the appellants - claimants towards group personal accident claim settlement benefit and also seeking enhancement of compensation and rate of interest.

5. The submission of Mr. R. Vijaya Kumar, learned counsel appearing for the appellants, at the outset is that the Tribunal has erred in not awarding the reasonable compensation towards loss of dependency and conventional heads. What is awarded is inadequate and it requires enhancement.
Further, learned counsel appearing for claimants is quick to point out that the Tribunal has erred in deducting a sum of Rs. 20,00,000 received by the claimants towards group personal accident claim settlement benefit. To substantiate his submission he has placed reliance on the judgment of this court in the case of Shaheed Ahmed v. Shankaranarayana Bhat, 2009 ACJ 1448 (Karnataka), wherein it is held that the amount received by the claimants under mediclaim policy from Royal Sundaram Insurance Company would not come within the periphery of the Motor Vehicles Act to be termed as 'pecuniary advantage' liable for deduction. The mediclaim amount received by the claimants cannot be


























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