LAWS(KAR)-2012-8-352

MACHAMMA, S/O. LATE K.S. SURESH Vs. SHAFFIULLAKHAN, PROP. K. HIJARIA TRANSPORT, NO. 58, 4TH MAIN ROAD, CHINNAPPA GARDEN, BENSION TOWN, BANGALORE-46 AND THE ORIENTAL INSURANCE CO., LTD., DIVISIONAL OFFICE, N.K. COMPLEX, KESHAVAPUR, HUBLI-380 023@

Decided On August 10, 2012
Machamma, S/O. Late K.S. Suresh Appellant
V/S
Shaffiullakhan, Prop. K. Hijaria Transport, No. 58, 4Th Main Road, Chinnappa Garden, Bension Town, Bangalore -46 And The Oriental Insurance Co., Ltd., Divisional Office, N.K. Complex, Keshavapur, Hubli -380 023@ Respondents

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 30th December 2010, passed in MVC No. 8/2007, by the Presiding Officer, Fast Track Court and Motor Accident Claims Tribunal, Kodagu, Madikeri, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 1,97,500/ - awarded in favour of the claimant as against her claim for Rs. 10.00 lakhs, is inadequate. I have heard learned counsel for appellant and learned counsel for Insurance Company.

(2.) AFTER careful perusal of the judgment and award passed by Tribunal, it is seen that, the occurrence of accident at about 1:30 P.M. on 28 -10 -2006, when the deceased son of the claimant was going by walk, from Koodige towards Mallenahalli, and the resultant death of a minor boy, aged about fourteen 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 the Lorry bearing Registration No. KA -04/A -3882.

(3.) LEARNED counsel appearing for both the parties, at the outset, fairly 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 as against the compensation of Rs. 1,97,500/ - awarded by Tribunal. Placing the submission of learned counsel for the parties, as stated supra, on record, this appeal is disposed of, awarding global compensation of Rs. 2,25,000/ - in full and final settlement of the claim, following the judgment of the Apex Court in the case of Manju Devi and Another vs. Musafir Paswan and another reported in 2005 ACJ 99 as against the compensation of Rs. 1,97,500/ - awarded by Tribunal.