IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.4603/2016 (MV) BETWEEN 1. SMT. AFIYA TAJ W/O LATE CHOTU SAB, AGED ABOUT 29 YEARS, 2. MASTER SHAHEED PASHA S/O LATE CHOTU SAB AGED ABOUT 11 YEARS, 3. MASTER ZAHEED PASHA S/O LATE CHOTU SAB AGED ABOUT 9 YEARS, 4. KUM.THAMANNA FARHEEN D/O LATE CHOTU SAB AGED ABOUT 7 YEARS, 5. SMT JAHERABI W/O LATE SATTUR SAB, AGED ABOUT 62 YEARS, PETITIONER NOS.2 TO 4 ARE MINORS HENCE REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT. AFIYA TAJ-PETITIONER NO.1.
ALL ARE R/AT NO.88, E-MUTSANDRA VILLAGE, HASIGALA POST, HOSAKOTE TALUK-562114, BANGALORE RURAL DISTRICT.
PRESENT ADDRESS:
JAHERABI, W/O SATTAR SAB, #1035 FORT STREET, SARJAPURA, ANEKAL, BANGALORE-562125. ... APPELLANTS (BY SRI. CHETHAN B, ADV.) AND 1. SRI AGASTEN MAJOR, PROPRIETOR DMY DIGGERS, NO.306, BASAVANAPURA, DEVASANDRA LAYOUT, K.R.PURAM, BANGALORE-560036.
2. THE MANAGER IIFFCO TOKIYO GEN INSURANCE COMPANY LTD., SRI.SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, NO.141, EAST NGEF LAYOUT, KASTURINAGAR, BANGALORE EAST-560027. ... RESPONDENTS (BY SRI. D VIJAYAKUMAR, ADV. FOR R2. NOTICE TO R1 IS DISPENSED WITH V.C.O. DATED. 04/04/2017.) * * * THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.03.2016 PASSED IN MVC NO.1741/14 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ‘FINAL HEARING’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellants, who are the legal representatives of deceased Chotu Sab, dissatisfied with the amount of compensation awarded by the Tribunal for his death in a motor vehicle accident that occurred on 24.03.2014, have filed this appeal, seeking enhancement.
2. Heard the learned counsel for respective parties.
3. The only point that has to be decided in this case is with regard to the income of the deceased.
4. Learned counsel for the appellants submits that the deceased was earning Rs.7,500-00 p.m. but, without assigning any proper reasons, the Tribunal has assessed his income at Rs.7,000-00 p.m. and awarded a total compensation of Rs.23,73,000-00.
5. In view of the submission made by the respective parties, it is proved that the appellants have claimed and proved that the deceased was earning Rs.7,500-00 p.m.
When an amount is not accepted, the Tribunal must give proper reasons to support its decision but, no such reason is given. Under these circumstances, if the remaining amount of Rs.500-00 is taken into consideration for calculation, the difference amount towards loss of dependency would be;
Rs.500 x ¼ x 12 x 16 = Rs.72,000-00 Hence, the appellants are entitled to an additional sum of Rs.72,000-00 under the head loss of dependency.
In the result, the appeal is allowed in part. In addition to the compensation awarded by the Tribunal, the appellants are entitled to a sum of Rs.72,000-00 with interest as awarded by the Tribunal from the date of the petition till its payment.
CT-HR Ksm* Sd/- JUDGE.