IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.4904 OF 2017 (MV) BETWEEN:
1. AVVAMMA W/O UMMAR NOW AGED 41 YEARS 2. SAMEEMA D/O UMMAR AGED ABOUT 26 YEARS 3. UMMAR FATHER OF DECEASED NOW AGED 51 YEARS ALL ARE R/AT BADRIYA GROUND HOUSE BADIMARU POST, MANI VILLAGE BANTWAL TALUK, D.K., NOW R/AT MURA OF KABAKA VILLAGE, PUTTUR TALUK DAKSHINA KANNADA DISTRICT PIN – 574 201 ... APPELLANTS (BY SRI.VISHWANATHA POOJARY.K. ADV,) AND:
1. RAZAK S/O UMMAR BEARY AGED 37 YEARS R/O H.NO.3-93C BADRIYA GROUND HOUSE SOORIKUMERU POST MANI VILLAGE, BANTWAL TALUK DAKSHINA KANNADA DISTRICT PIN – 574 211 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD. BRANCH OFFICE, 3RD FLOOR, LAL BAGH TOWER, BALLAL BAGH, M G ROAD, MANGALORE DAKSHINA KANNADA DISTRICT PIN – 575 001 ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:14.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.09.2016 PASSED IN MVC NO.1339/2015 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, D.K.MANGALURU, SITTING AT PUTTUR, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant-claimants who are the parents and elder sister of the deceased, preferred claim petition seeking compensation for the death of one Shafik in the road traffic accident that took place on 03rd January, 2015 before the Motor Accident Claims Tribunal, Mangaluru sitting at Puttur. The Tribunal, by its judgment and award dated 21st September 2016 passed in MVC No.1339 of 2015 awarded compensation of Rs.9,44,000/- with interest at 7% per annum from the date of petition till the date of deposit. Being aggrieved by the compensation amount, the appellants are before this Court in this appeal seeking enhancement in the compensation.
2. The only ground taken by the learned counsel appearing for the appellants is with regard to the Tribunal taking the monthly income of the deceased at Rs.8,000/- which is on the lower side. Though the claimants have stated that the deceased was working at RIWA Water Company as Supervisor and was earning Rs.15,000/- per month, his employer was examined as PW2 and PW2 in his evidence deposed that the deceased was working with him and he was given salary of Rs.9,800/- month. Salary Certificate has been produced as per Exhibit P8. When the salary certificate is produced and its author is also examined, the amount shown in the salary certificate should have been accepted by the Tribunal. In the instant case the monthly income of the deceased is to be taken at Rs.9,000/- and accordingly it is taken and after giving deduction at 50% towards personal expenses of the deceased, the income would be Rs.4,500/- per month. Hence, the calculation would be Rs.4,500/- x 12 x 18 which comes to Rs.9,72,000/-. The same is awarded in lieu of Rs.8,64,000/- awarded by the Tribunal. The interest on Rs.1,08,000/- would come to Rs.21,060/- and the total would be Rs.1,29,060/- which is rounded off to Rs.1,29,000/-. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn