CHATRAPPA Vs. NIYAJ AHMED KHAN

JUDGEMENT

(1.) THIS miscellaneous first appeal is preferred against the judgment and award dated 1-8-2002 passed in M. V. C. No. 134 of 2000 on the file of the Court of the Civil Judge, Senior Division and MACT, Koppal awarding total compensation of Rs. 1,25,000/- with interest at 6%.

(2.) THE deceased Prameela, a female child died in an accident occurred on 28-3-2000 due to rash and negligent driving of the motor vehicle owned by the Karnataka State Road Transport corporation and driven by the first respondent. There is no dispute between the parties that the minor child died in the accident due to rash and negligent driving of the Karnataka State Road transport Corporation bus by its driver. Therefore, there is no need for us to review the finding recorded by the MACT on the issue relating to actionable negligence. The appeal is preferred seeking enhancement of compensation. Before the MACT, the claimants who are the parents of the deceased claimed total compensation of Rs. 3,40,000/ -. The MACT having considered the judgments in Annappa Gundappa Kumbar v. G. Subramanyam, ILR 2001 Kar. 2329; Smt. Puttamma v. D. V. Krishnappa, 1999 (5) Kar. L. J. 22 (DB) : 2000 AGJ 103 (Kar.) : ILR 1999 Kar. Sh. No. 69 (DB) and Papa Nayaka v. Krishnamurthy, 2002 (3) Kar. L. J. 93 : ILR 2002 Kar. 915, thought it appropriate to award total compensation of Rs. 1,25,000/- taking into account the age of the deceased with interest at 6% per annum.

(3.) WHEN this appeal was heard by a learned Single Judge of this Court (A. M. Farooq, J.), His lordship having noticed the judgment of the Division Bench of this Court in Puttamma's case, thought it appropriate to refer the appeal to the Division Bench for decision making. That is how this appeal is placed before us for final hearing and disposal.