IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.4107 OF 2014 [MV] BETWEEN 1. SMT. ARCHANA, W/O. LATE SRINIVAS, AGED ABOUT 30 YEARS.
2. SMT. RATHNAMMA, S/O. MUNIYAPPA @ ANNAYYAPPA, AGED 62 YEARS, BOTH ARE R/AT THIRUMALAHATTI, MALUR TALUK, KOLAR DISTRICT.
... APPELLANTS (BY SRI. GURUDEVA PRASAD K.T.,ADVOCATE) AND 1. SRI. NAGARAJU, S/O. CHENNAIAH, NO.407, HEROHALLI VILLAGE, LAVANYA INDUSTRY, VISHWANEEDAM POST, NADASHAPPA BUILDING, VISHWANEEDAM, BANGALORE-560 091.
2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., SVR COMPLEX, NO.89, HOSUR MAIN ROAD, MADIVALA, BANGALORE-560 068.
... RESPONDENTS (BY SRI. JANARDHANA REDDY FOR SRI. B.C. SHIVANNE GOWDA, ADVOCATES FOR R2; R1-NOTICE DISPENSED WITH VIDE COURT ORDER DATED 28.04.2017) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.08.2013 PASSED IN MVC NO.4219/2012 ON THE FILE OF THE XVII ADDL. JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal with the consent of learned counsel on both sides.
The appeal is filed by the claimants namely widow and the mother of deceased Srinivas, seeking enhancement of compensation awarded by the Tribunal, wherein a total compensation of Rs.6,16,000/- has been awarded.
2. I have heard the learned counsel appearing for the appellants and the learned counsel appearing for respondent No.2 – Insurance Company.
3. The appellants being the widow and mother of the deceased, filed claim petition seeking total compensation of Rs.20 Lakhs for the death of Srinivas, who died in a road traffic accident, which occurred on 08.06.2012.
4. It is the case of the claimants that on 08.06.2012 at about 3.30 P.M., when the deceased was traveling on a two wheeler as a pillion rider on Hoskote-Malur Road, near Belatangala gate, a tempo bearing registration No.KA-02-B-6622 driven by its driver in a rash and negligent manner coming from Malur towards Hoskote, dashed against the two wheeler, on account of which, he sustained injuries and succumbed to the said injuries. It is the further case of the claimants that the deceased was hale and healthy prior to the accident and he was working as an electrician and coolie, from which he was earning a sum of Rs.8,000/- per month. The claimants were solely depending on the income of the deceased and due to his untimely death, they have lost the sole earning member of the family and they are put to great hardship and loss.
5. The Tribunal after considering the evidence and material on record, awarded a total compensation of Rs.6,16,000/- with interest at 6% per annum, under the following heads:
Loss of dependency Rs.5,76,000-00 Loss of estate Rs.10,000-00 Loss of consortium Rs.10,000-00 Funeral expenses Rs.10,000-00 Transportation of dead body Rs.10,000-00 Total Rs.6,16,000-00 6. The contention of the learned counsel for the appellants is that though the deceased was earning a sum of Rs.8,000/- per month by working as a coolie and also as an electrician, however, the Tribunal has taken the income of the deceased as Rs.4,500/- per month, which is on a lower side. He would contend that the claimants were solely depending on the earning of the deceased as he was the sole earning member of the family. Hence, he prays to consider the income of the deceased at Rs.8,000/- per month. He would further submit that the total compensation awarded by the Tribunal is on the lower side and accordingly, he seeks to enhance the compensation by modifying the judgment and award passed by the Tribunal.
7. Per contra, the learned counsel appearing for the respondent No.2-Insurance Company justifies the compensation awarded by the Tribunal, contending that the same is just and reasonable and seeks to dismiss the appeal.
8. The accident in question involving the tempo bearing registration No.KA-02-B-6622 and the actionable negligence on the part of the driver of the said tempo and the said tempo having been insured with the 2nd respondent is not in dispute.
9. According to the learned counsel for the appellants, the deceased was earning a sum of Rs.8,000/- by doing coolie and electrical work. There is no definite evidence with regard to the income of the deceased. The learned counsel for Respondent No.2 disputes the income as claimed by the claimants. Considering the facts and circumstances of the case and also the year of accident, I deem it appropriate to assess the income of the deceased at Rs.7,000/- per month as against Rs.4,500/- per month taken by the Tribunal. The deceased was aged about 35 years. The appropriate multiplier applicable to his age is 16. further in view of the decision of the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in 2017 ACJ 2700 and also the decision in Magma General Insurance Co. Ltd., vs Nanu Ram and others reported in 2018 ACJ 2782, an addition of 40% has to be made to the income of the deceased and after deducting 1/3rd towards his personal expenditure, the compensation for which the claimants are entitled towards ‘loss of dependency’ is Rs.12,54,336/- (Rs.6,533x12x16). The compensation of Rs.40,000/-awarded under the conventional heads namely loss of estate, loss of consortium, funeral expenses and transportation of dead body is enhanced to Rs.70,000/-. A sum of Rs.25,000/- is awarded towards ‘loss of love and affection’ to the 2nd claimant. In all, the appellants-claimants are entitled for a total compensation of Rs.13,49,336/- which is rounded off to Rs.13,50,000/-. Accordingly, I pass the following :
ORDER The appeal is allowed in part.
The judgment and award dated 03.08.2013 passed by the XVII Addl. Judge, Court of Small Causes, Bengaluru in MVC No.4219/2012 is hereby modified.
The appellants-claimants are entitled for a total compensation of Rs.13,50,000/- as against Rs.6,16,000/- awarded by the Tribunal.
The enhanced compensation shall carry interest at 6% per annum from the date of petition till its realization.
Respondent No.2-Insurance Company is directed to deposit the entire amount within six weeks from the date of receipt of a copy of this judgment.
snc Sd/- JUDGE