IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.405 OF 2014 (MV) BETWEEN 1. JAYAMMA, W/O. LATE NARASIMHAIAH, AGED ABOUT 53 YEARS, 2. SURESH S.N., S/O. LATE NARASIMHAIAH, AGED ABOUT 33 YEARS, 3. SIDDAGANGAMMA, D/O. LATE NARASIMHAIAH, AGED ABOUT 28 YEARS, 4. LAKSHMIDEVI, D/O. LATE NARASIMHAIAH, AGED ABOUT 25 YEARS, 5. SATHISH S.N., S/O. LATE NARASIMHAIAH, AGED ABOUT 23 YEARS, ALL ARE R/AT VASUDEVA, BEHIND RAVI MOTORS, MYSORE STUDIO OPPOSITE SYED PASHA MAKHANA, B.H. ROAD, TUMKUR-572 101.
... APPELLANTS (BY SRI. A.C. MANJUNATHA, ADVOCATE) AND 1. B. RUDRESH, S/O. BASAVALINGAPPA, MAJOR, R/AT ALASHETTIKERE PALYA, SHANTHI NAGAR, TUMKUR-572 101.
(OWNER OF TVS XL BEARING REG. NO.KA-06-X-5563) 2. THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, T.G.M.A. BUILGING, J.C. ROAD, TUMKUR-572 101.
... RESPONDENTS (BY SRI. R. GUNASHEKAR, ADVOCATE FOR R2, R-1 SERVED,) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2011 PASSED IN MVC NO.668/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-2, TUMKUR, 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:
ORDER Though this appeal is listed for admission, at the consent of both the learned counsels, the same is taken up for final disposal.
The claimants have preferred this appeal seeking enhancement of compensation awarded by the Tribunal in MVC No.668/2010, whereby a total sum of Rs.3,41,000/- has been awarded for the death of one Narasimhaiah, son of Late Balappa – the husband of the 1st appellant and father of appellants No.2 to 5, in a road traffic accident which occurred on 17.02.2010.
2. I have heard the learned counsel for the appellants and the learned counsel appearing for Respondent No.2 – Insurance Company.
3. It is the case of the claimants that on 17.02.2010 at about 7.30 a.m., the deceased while crossing the road near Ravi Motors in Tumakuru, at that time, the driver of two wheeler (TVS XL) bearing registration No.KA-06-X-5563 came in a rash and negligent manner and dashed against the deceased, resulting in the deceased sustaining severe injuries. He was shifted to the Government Hospital, Tumakuru and from there he was shifted to NIMHANS, Bengaluru, he succumbed to the injuries on 22.02.2010. The claimants being the wife and children of the deceased, filed a claim petition before the Tribunal.
4. It is the contention of the claimants that the deceased was an agriculturist and he was earning Rs.10,000/- per month and therefore the Tribunal was not proper in taking the income of the deceased at Rs.4,000/- per month. It is also the contention of the claimants that they have spent sufficient amount towards medical expenses, transportation of dead body and funeral expenses. However, the Tribunal has granted a meager sum of Rs.5,000/- towards funeral expenses and Rs.2,000/- towards transportation charges. It is further submitted that the Tribunal has awarded only a sum of Rs.10,000/- towards ‘Loss of consortium’. Therefore, the learned counsel for the appellants submit that the total compensation awarded by the Tribunal is on the lower side and the same requires to be enhanced.
5. Per contra, the learned counsel for Respondent No.2-Insurance Company contended that the claim of the appellants itself is restricted to Rs.5 Lakhs in the claim petition and they have not adduced any satisfactory evidence with regard to the income of the deceased. He further contended that admittedly the deceased was aged about 60 years at the time of accident and it cannot be said that he was earning a sum of Rs.10,000/- per month, as claimed by the claimants. Hence, he submits that the income taken at Rs.3,000/- per month by the Tribunal after deduction towards his personal expenditure is just and proper and the ‘loss of earning’ arrived at Rs.3,24,000/- does not call for any interference. Accordingly, he prays to dismiss the appeal.
6. It is the case of the claimants that on 17.02.2010 at 7.30 a.m., while the deceased was crossing the road near Ravi Motors, Tumakuru, at that time, a TVS XL bearing registration No.KA-06-X-5563 ridden by its rider came in a rash and negligent manner, dashed against him, on account of which the deceased sustained severe injuries and subsequently succumbed to the injuries in the hospital on 22.02.2010. The deceased was aged about 60 years at the time of the accident. The wife of the deceased examined herself as PW-1. She has deposed that her husband was earning a sum of Rs.10,000/- per month by doing agricultural work and also by doing coolie work and he was spending the said amount for the family needs. Exs.P-18 and 21 are the RTC Copies. However, there is no sufficient evidence adduced by the claimants to substantiate that the deceased was earning a sum of Rs.10,000/- per month by doing agricultural and coolie work. Considering that the accident has occurred in the year 2010, I deem it appropriate to take the income of the deceased at Rs.6,000/- per month and after deducting 1/3rd towards personal expenditure, the income which can be arrived is Rs.4,000/- per month. The deceased is aged about 60 years at the time of the accident. Therefore, the appropriate multiplier is 9. Hence, loss of dependency is calculated at Rs.4,32,000/- (Rs.4,000x12x9) as against Rs.3,24,000/- awarded by the Tribunal.
7. The Tribunal has awarded a total sum of Rs.17,000/- under the head of ‘Loss of consortium’, ‘transportation of dead body’ and ‘funeral expenses’, the same is on the lower side and the claimants are entitled for a total sum of Rs.70,000/- under the said heads. Hence, the appellants/claimants are entitled for a total sum of Rs.5,02,000/- as against Rs.3,41,000/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is partly allowed.
The Judgment and Award dated 28.11.2011 passed by the Presiding Officer, Fast Track Court-2, Tumkur in MVC No.668/2010 is hereby modified.
The appellants/claimants are entitled for a total compensation of Rs.5,02,000/- with interest at 6% per annum from the date of petition till the date of deposit.
The appellants/claimants are not entitled for the interest for delayed period of 683 days in filing the appeal.
The Respondent No.2-Insurance Company is directed to deposit the compensation amount within a period of four weeks from the date of receipt of the copy of the judgment.
snc Sd/- JUDGE