N.K. Patil
1. This appeal by the claimants is directed against the judgment and award dated 30th October 2008 passed in MVC No. 6645/2007 by the Judge & Member, Motor Accident Claims Tribunal, Bangalore, (for short, Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 1,55,897/- awarded in favour of the claimants as against their claim for Rs. 05.00 lakhs, is inadequate. After careful perusal of the judgment and award passed by Tribunal, it is seen that, the occurrence of accident at about 04:30 P.M., on 18-07-2007. at B.B. Road near Mekhri Circle, and the resultant death of a minor boy, aged about 16 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 BMTC Bus bearing No. KA-01/F-3305.
2. On account of the death of the deceased son, the claimants appellants, being the parents, filed the claim petition before the Tribunal seeking compensation of a sum of Rs. 05.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 30th October 2008. 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. 1,55,897/- 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 appellants are in appeal before this Court, seeking enhancement of compensation.
3. I have heard learned counsel for appellants and learned counsel for Insurance Company.
4. Learned counsel appearing for appellant submits that as per the decision of the Hon''ble Apex Court and this Court in hosts of judgments, the claimants are entitled to compensation of Rs. 3,75,000/- . Therefore, having regard to the peculiar facts and circumstances of the case, he submits that reasonable compensation may be awarded.
5. As against this, learned counsel appearing for Insurer 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.
6. After hearing the learned counsel for the parties, and after going through various judgments of the Apex Court and also this Court, I am of the view that, having regard to the peculiar facts and circumstances of the case, ends of justice would be met if global compensation of Rs. 2,75,000/- is awarded as against Rs. 1,55,897/- awarded by Tribunal.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned judgment and award dated 30th October 2008 passed in MVC No. 6645/2007 by the Judge & Member, Motor Accident Claims Tribunal, Bangalore, is hereby modified, awarding a sum of Rs. 2,75,000/- as against Rs. 1,55,897/- awarded by Tribunal, with interest at 6% per annum, from the date of petition till the date of realization. Thus, there will be enhancement of Rs. 1,19,103/- , with interest at 6% per annum from the date of petition till the date of realization.
The Insurance Company is directed to deposit the enhanced compensation of Rs. 1,19.103/- , with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance Company, a sum of Rs. 50,000/- with proportionate interest shall be kept in Fixed Deposit, in the name of the second appellant, for a period of five years, renewable for another five years, with permission to withdraw the interest periodically.
Remaining sum of Rs. 69,103/- with proportionate interest shall be released in favour of the appellants, in equal proportion, immediately.
Office to draw award, accordingly.
