IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 :PRESENT:
THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. NO.6478 OF 2012 (MV) Between 1. Smt.Anasooya, W/o Late D.N.Rangaswamy, Aged about 46 years, 2. Smt.Poornima, W/o Venkatesh, Aged about 27 years, 3. Kum.D.R.Asha, D/o Late D.N.Rangaswamy, Aged about 25 years, 4. D.R.Prasad, S/o Late D.N.Rangaswamy, Aged about 23 years, All are residing at P.Dasapura Village, Kasaba Hobli, Chennarayapatna Taluk, Hassan District. … Appellants (By Sri.K.R.Anantha Murthy, Advocate) And Divisional Controller, Karnataka State Road Transport Corporation, Hassan Division, Hassan. … Respondent (By Sri.M.S.Narayan, Advocate) This appeal is filed under Section 173(1) of MV Act against the judgment and award dated 22.02.2012 passed in MVC No.364/2011 on the file of the Presiding Officer, Fast Track Court, MACT, Channarayapatna, partly allowing the claim petition for compensation and seeking enhancement of compensation.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is by the claimants being dissatisfied with the judgment and award dated 22.02.2012 passed in MVC No.364/2011 on the file of the Presiding Officer, Fast Track Court, MACT, Channarayapatna (hereinafter referred to as ‘Tribunal’ for short) seeking enhancement of compensation.
2. The Tribunal by its judgment and award has awarded a compensation of Rs.2,59,000/- with interest at 6% per annum from the date of petition till the date of deposit in favour of the claimants.
3. The brief facts leading to the case are that, on 08.05.2011 at about 3.45 p.m. when the deceased was coming from Nuggehally to Channarayapatna on his motor cycle bearing No.KA-13-U-9083 near Jamboor lake on Hulikere Road, he met with an accident due to negligence on the part of the driver of the KSRTC Bus bearing No.KA-13-F-1627 and that he died on the spot due to injuries sustained. In view of death of the deceased, the claimants preferred claim petition under Section 166 of Motor Vehicles Act, 1989, claiming compensation of Rs.30,00,000/-.
4. The appellants/claimants filed claim petition seeking compensation for the death of the deceased in the road traffic accident. The Tribunal after going through the records and considering the rival submissions, has allowed the claim petition in part and awarded `2,59,000/- under different heads. The claimants being aggrieved by the compensation awarded by the Tribunal, has come before this Court in this appeal.
5. Learned Counsel for the claimants submits that, the deceased was hale and healthy and he was doing agriculture and coconut business and he was earning a sum of Rs.20,000/- per month. The appellants were entirely depending upon income of the deceased. Now, due to death of the deceased, the appellants have lost love and affection and also lost one of the earning member in the family. The accident was occurred due to the sole negligence of driver of the KSRTC Bus bearing Reg.No.KA-13-F- 1627. He further submits that the Tribunal has grossly erred in assessing income of the deceased at Rs.3,000/- per month though he was earning a sum of Rs.20,000/- per month by doing agriculture and coconut business. Further, he submits that compensation awarded under other heads is also on the lower side and Tribunal has awarded a meager compensation of Rs.15,000/- towards loss of love and affection and as such, he prays for enhancement of compensation and seeks to allow the appeal by enhancing the compensation.
6. Learned counsel for the KSRTC has supported the judgment and award and sought for dismissal of the appeal.
7. I have heard the learned counsel on both sides and perused the records.
8. It is found that the claimants have not produced income proof except stating that they have agriculture land and deceased was doing coconut business. Dependants were five in numbers including the deceased. They are the residents of P.Dasapura Village. It is presumed that unless he earns Rs.300/- per day, four dependants including the deceased cannot maintain. Hence, we hold that Notional income should have been taken income at Rs.300/- per day which comes to Rs.9,000/-. Hence, the calculation would be:
Thus, the compensation payable to the claimants has to be re-assessed as follows:-
Therefore, the appeal is allowed in part. The claimants are entitled for compensation of Rs.5,03,000/- as against Rs.2,59,000/- awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of realization. The impugned award is modified accordingly.
Draw the award, accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE NBM