IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.7688/2015 (MV) Between:
1. A.M. Manjunath, S/o Mylarappa, Aged about 57 years, 2. Smt. Umadevi, W/o A.M. Manjunath, Aged about 50 years, 3. Kumari Supritha D/o A.M. Manjunath, Aged about 15 years, Minor 3rd Appellant is the Minor by her next friend A.M. Manjunatha Natural Father Appellant No.1.
All are residing at Mudla Vittalapura, Holehonnur Hobli, Bhadravathi Taluk, Shimoga District- 577 201.
…Appellants (By Sri M.V.Maheshwarappa, Advocate) And:
1. Sri Krishnamurthy S/o Late N.K. Venkataramaiah Gowda, Aged about 57 years, R/o Behind Vijaya Bank, Somaiah Layout, Shivamogga- 577 201.
2. IFFCO TOKIO General Insurance Company Ltd., Rep. By its Manager, Regd. Office IFFCO Sadan, C1 Dist Centre, Saket, New Delhi- 110 017.
…Respondents (By Sri S.V. Hegde Mulkhand, Advocate for R2;
Notice to R1 dispensed with vide order dt:05.12.2017) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award 19.03.2015 passed in MVC No.161/2013 on the file of the Senior Civil Judge, Additional MACT, JMFC, Thirthahalli, Shivamogga partly allowing the claim petition for compensation and seeking of enhancement.
This appeal coming up for Orders this day, the court delivered the following:
JUDGMENT In view of the memo filed by the appellants, notice to respondent No.1 is dispensed with at the risk of appellants.
2. Appeal is by the claimant/appellants as against the judgment and award dated 19.03.2015 passed in MVC No.161/2013 on the file of the Senior Civil Judge & J.M.F.C, & Additional MACT, Thirthahalli, Shivamogga partly allowing the claim petition for compensation. The appellants have sought for enhancement. Accident is of the year 2012.
3. The claimant/appellants are parents and minor sister of the deceased, who succumbed to accidental injuries occurred on 10.07.2012. The claimants have filed petition before the Tribunal seeking for compensation. The Tribunal has awarded sum of Rs.6,98,000/- with interest at 6% p.a. Aggrieved by the said judgment and award the appellants have preferred this Appeal.
4. Learned counsel for the appellants submits that the compensation awarded by the Tribunal on all the heads is on the lower side and same has to be enhanced.
5. The learned counsel for the respondent- Insurer supports the Judgment and award passed by the Tribunal and sought to dismiss the appeal.
6. I have heard learned counsel for both sides and I have gone through the materials available on record.
7. The ground taken for enhancement of compensation is the notional income assessed by the Tribunal which is stated to be on the lower side. It is submitted that the deceased was working in Tiles fitting business and was earning Rs.15,000/- p.m. It has been disbelieved by the Tribunal as the claimants have not produced any documents.
8. In the cases of this nature, where the notional income is not proved, it has to be assessed, by taking into consideration age of the deceased, size of the family members, their residential address, by taking note of the standard of living and bank rate of interest.
This Court assesses the notional income with reference to the year of accident at Rs.7,000/- per month. Secondly, the deduction should have been 50% of the income towards his personal expenses. Therefore, the calculation of loss of dependency would be Rs.7,56,000/- (7000x50%=3500) (3500x12x18). Thus, the same is awarded under the head loss of dependency and a sum of Rs.70,000/- is awarded under conventional heads. Hence, the claimants are entitled for total compensation of Rs.8,26,000/-. Learned counsel for both the parties have submitted that the Court may enhance the compensation as stated above. The said submission of both counsel is placed on record.
Accordingly, the appeal is allowed in part.
The claimant is entitled for total compensation of Rs.8,26,000/- in the place of Rs.6,98,000/- as awarded by the Tribunal. The enhanced compensation amount shall carry interest at 6% p.a. Accordingly, the Judgment and award passed by the Tribunal stands modified.
Sd/- JUDGE DL