(Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, JJ.)
Anna Maria Serafina Da Costa _______________________ Appellant;
v.
New Age Painters and Others _____________________ Respondent(s).
Civil Appeal No. 2482 of 2020 (@ out of SLP (Civil) No. 4384/2017), decided on June 1, 2020
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal arises out of the Judgment and Order dated 04.08.2015 passed by the High Court of Karnataka, Dharwad in MFA No. 2338/2010.
3. The claimant-mother had moved the Motor Accident Claim Tribunal seeking compensation in respect of death of her son. After considering the record, the Tribunal awarded compensation in the sum of Rs. 4.45 lakhs alongwith interest @ 9% per annum. The appellant being aggrieved approached the High Court for enhancement in the compensation. The attempt in that behalf having been unsuccessful, the present appeal by special leave has been filed by the appellant.
4. According to the appellant, income tax returns of the deceased filed on record indicated annual income to be Rs. 2 lakh per annum which issue was held against her and the earning of the deceased was found to be in the range of 1.60 lakhs per annum.
5. Be that as it may, considering the facts and circumstances on record, in our view, ends of justice would be met, if the compensation is raised from 4.45 lakhs to 6.50 lakhs, keeping the other benefits including the rate of interest @ 9% per annum intact.
6. We order accordingly. This appeal, therefore, stands allowed in aforementioned terms. No order as to costs.
Petition(s) for Special Leave to Appeal (C) No(s). 4384/2017
Anna Maria Serafina Da Costa ________________________ Petitioner
v.
New Age Painters & Ors _________________________ Respondent(s)
(List before the Hon’ble Court vide Hon’ble Judge in Chamber’s Order dated 17.02.2020. IA No. 1/2017 – CONDONATION OF DELAY IN FILING)
Date: 01-06-2020 These matters were called on for hearing today.
(Before Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, JJ.)
For Petitioner(s) Mr. Anil Kumar, AOR
For Respondent(s) Mr. Ambhoj Kumar Sinha, AOR
Dr. Sudhir Bisla, Adv. (R-4)
Mr. Pranaya Kumar Mohapatra, AOR
UPON hearing the counsel the Court made the following
ORDER
7. Delay condoned.
8. Leave granted.
9. The appeal is allowed in terms of the signed order.
10. Pending applications, if any, shall stand disposed of.
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