IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 19^TH DAY OF OCTOBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

M.F.A. NO.30841/2013 (MV)

Between:

1. Smt.Nazeera Begum W/o Chandpasha,

Age 42 years, OCc. Household,

2. Shaheena Begum D/o Md.Chandpasha,

Age 21 years, Occ. Household,

3. Jubeda Begum D/o Md.Chandpasha,

18 years,

All are R/o Marikal, now at Labour Colony,

Shaktinagar, Tq. Raichur.

… Appellants

(By Sri Basavaraj R Math, Advocate)

And:

1. Krishnaiah S/o Hanumappa,

Age 46 years, Occ. Driver of

Tractor and Trailer Unit

R/o Yenugonda,

now at Shivajinagar,

Devarakadra (AP).

2. Md.Chandpasha S/o Chandmiya

Age 47 years, Occ. Owner of

Tractor and Trailer Unit and private work,

2

R/o Marikal, Now at Shaktinagar,

Tq. Raichur.

3. The Manager,

Shiram General Insurance Co.Ltd.,

Industrial RIICO Area,

Sitapur (Ratasthan)

… Respondents

(By Sri C.S.Kalaburagi, Advocate for R3;

Notie to R2 served;

Notice to R1 dispensed with vide order dated 12.10.2020)

This MFA is filed under Section 173(1) of the Motor

Vehicles Act praying to modify the impugned jugment and

award dated 03.01.213 passed by the Prl. Senior Civil Judge

and CJM (Addl.MACT), at Raichur in MVC No.96/2011.

This appeal coming on for Admisison this day, the Court

delivered the following:-

JUDGMENT

The present appeal is preferred by the claimants

under Section 173(1) of the Motor Vehicles Act (for short

‘M.V.Act’), calling in question the judgment and award

dated 03.01.2013 passed by the court of the Principal

Senior Civil Judge and CJM (Addl. MACT), Raichur (for

short

‘the

Tribunal’)

so

far

as

enhancement

of

compensation as well as fixing liability on respondent

3

No.3/Insurance Company by contending that fixing

liability on respondent No.2 is not correct.

2.

Brief facts of the case are as follows :-

In the present case the deceased-Shaik Mohammed

on 03.07.2011 at about 1.00 pm as per the direction of

respondent

No.2

proceeded

to

bring

stones

from

Venkatapalli Village for the purposes of construction of

house

and

was

travelling

in

the

Tractor

bearing

Reg.No.AP-22/8043 and Trailer bearing Reg.No.AP-22/X-

0537 and it was driven by respondent No.1.

It is stated that after loading the stones then

returning to Marikal Village and when tractor came near

Gorakunda bus stand near Gattanna Agricultural land at

about 4.30 pm the respondent No.1 driven the said tractor

in a rash and negligent manner with high sped and due to

which the deceased fell down on the road and the rear of

the wheel of the Tractor passed on the body of the

deceased due to which the deceased had sustained severe

4

multiple injuries and succumbed to the injuries on the

spot. Therefore, the appellants have filed claim petition

before the Tribunal under Section 166 of the M.V.Act for

claiming compensation on account of loss of dependency

and other heads. Before the Tribunal both sides have led

both oral and documentary evidences and after assessing

and evaluating the evidences on record the Tribunal has

awarded a compensation of Rs.3,54,000/- with interest at

the rate of 6% per annum from the date of petition till its

realization.

Being

dissatisfied

with

the

amount

of

compensation awarded by the Tribunal as it is claiming to

be inadequate and insufficient and also challenging

fastening of liability on respondent No.2/owner, the

present appeal is filed.

3.

Learned counsel for the appellants vehemently

submitted that the amount of compensation is inadequate

and it is needed to be enhanced by taking into

consideration the monthly income of the deceased at

Rs.6,000/- but the Tribunal has taken monthly income

5

only at Rs.3,000/-, therefore resulting into awarding of

lesser amount of compensation.

4.

Further

submitted

that

the

award

of

compensation on other conventional heads is also on

lower s