IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.7335/2018 C/W M.F.A.No.3211/2019 (MV) IN MFA No.7335/2018 BETWEEN:
THE BRANCH MANAGER RELIANCE GIC LTD No.3, 1ST FLOOR MANANDI PLAZA ST. MARKS ROAD, BESIDE ST.MARKS HOTEL BENGALURU-1 NOW REP. BY ITS THE LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE 5TH FLOOR CENTENARY BUILDING, No.28, M .G. ROAD BANGALORE-560 001. ...APPELLANT (BY SRI PRADEEP B, ADVOCATE) AND:
1 . SRI REVANNA 51 YEARS, S/O LATE RANGAIAH. 2 . SMT. KEMPAMMA 46 YEARS, W/O REVANNA.
BOTH ARE R/AT HUNJUNAL VILLAGE, HUNJUNAL POST, KALLAMBELLA HOBLI, SIRA TALUK TUMAKURU DISTRICT – 560 070.
3. SRI ESHWARAIAH S/O NANJAIAH R/AT MALLENAHALLI, SOREKUNTE POST BELLAVI HOBLI TUMAKURU TALUK AND DISTRICT – 560 070.
…RESPONDENTS (BY SRI SHRIPAD V SHASTRI, ADVOCATE FOR R1 & R2 SRI ADAVESHAIAH.V, ADVOCATE FOR R-3) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC No.3002/2017 ON THE FILE OF THE II ADDITIONAL JUDGE & XXVIII ACMM, COURT OF SMALL CAUSES, BENGALURU, AWARDING COMPENSATION OF Rs.14,70,000/- WITH INTEREST @ 6% P.A. FROM THE DATE FO PETITION TILL DEPOSIT.
IN MFA No.3211/2019 BETWEEN:
1 . SRI REVANNA S/O LATE RANGAIAH, AGED ABOUT 52 YEARS.
2 . SMT. KEMPAMMA W/O REVANNA, AGED ABOUT 47 YEARS. BOTH ARE RESIDING AT HUNJUNAL VILLAGE, HUNJUNAL POST, KALLAMBELLA HOBLI, SIRA TALUK, TUMKURU DISTRICT.
...APPELLANTS (BY SRI SHRIPAD V SHASTRI, ADVOCATE) AND:
1 . THE MANAGER RELIANCE GENERAL INS. CO., LTD., No.3, 1ST FLOOR, MANANDI PLAZA, ST. MARKS ROAD, BESIDE ST. MARKS HOTEL, BENGALURU-01.
2 . SRI ESHWARAIAH, S/O NANJAIAH, R/A MALLENAHALLI, SOREKUNTE POST, BELLAVI HOBLI, TUMAKURU TALUK & DISTRICT.
...RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R-1 NOTICE TO R-2 DISPENSED WITH) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC No.3002/2017 ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM, COURT OF SMALL CAUSES, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the matters are listed for Admission, with the consent of learned counsel for both sides, the matters are taken up for final disposal.
2. These two appeals are directed against the Judgment and award dated 28-06-2018 passed in MVC No.3002/2017 by the learned II Additional Judge and XXVIII ACMM, Court of Small Causes, Bengaluru (SCCH-13), wherein the claim petition filed by the claimants for compensation over the death of their son Narasimharaju, aged 19 years came to be allowed in part and an amount of Rs.14,70,000/- came to be awarded together with interest at the rate of 6% p.a. from the date of the petition till its deposit and Insurance Company was directed to pay the compensation.
3. M.F.A.No.7335/2018 is filed by the Insurance Company seeking to set aside the judgment and award and M.F.A.No.3211/2019 is filed by the claimants seeking enhancement of compensation.
4. In order to avoid confusion and overlapping, the parties hereinafter are referred to in accordance with their rankings as held by them before the tribunal.
5. The details of the accident are:
That on 24.5.2017 at about 9.00 p.m. on Tumkur- Sira NH 48 road near Nelahal circle, Tumakuru Taluk, the driver of canter lorry bearing Reg.No.KA.06.D.8399 drove the same in a rash and negligent manner and dashed against the motor cycle bearing registration No.KA.64.E.6061. As a result of which, the rider Narasimharaju sustained fatal injuries and died on the spot. One Chandraiah petitioner in connected matter sustained grievous injuries. Immediately, they were shifted to Government Hospital, Tumakuru.
6. It is stated that, deceased Narasimharaju was working at Food Park and getting Rs.15,000/- per month and over time earnings around Rs.4,000/- per month. The petitioners were put to great hardship and mental agony due to sudden death of their son.
7. The Insurance Company resisted the claim petition.
8. The learned member of the Tribunal on the basis of the oral evidence of PWs 1 to 4 and RW1 and documentary evidence of Exs.P1 to P27 and Ex.R1 allowed the petition in part and awarded the compensation as mentioned above considering monthly income at Rs.10,000/- as against Rs.15,000/- claimed and deducting 1/3rd for personal and living expenses awarded Rs.14,40,000/- towards loss of dependency and also awarded Rs.30,000/- towards conventional heads. The same is challenged both by the Insurance Company and the claimants in these appeals.
9. Learned counsel Sri B Pradeep, for Insurance Company would submit that monthly income considered is on the higher note and negligence of the rider of motor cycle is not considered. He would submit insofar as personal and living expenses are concerned it is considered at 1/3rd.
10. Learned counsel Sri Shripad V. Shastri appearing for claimants would submit that the compensation does not cover the head under future prospects and also what is granted under conventional heads is also on the lower side.
11. Insofar as contention of the Insurance Company to the effect of deduction of personal and living expenses to the extent of 1/3rd, is concerned, the same is acceptable and the finding of the learned Member is erroneous and the same has to considered at 50%.
12. Insofar as compensation towards future prospects is concerned, I accept the contention of the claimants that 40% of the monthly income of the deceased should have been added before deducting for personal and living expenses.
13. In the circumstances, the fair and just compensation would be as under:
Insofar as monthly income is concerned, I find it just and proper to consider at Rs.10,000/-, if 40% is added as future prospects, his total income comes to Rs.14,000/-. If 50% (Rs.7,000/-) is deducted for personal and living expenses, his remaining income comes to Rs.7,000/- and proper multiplier would be ‘18’. Thus, loss of dependency would be Rs.15,12,000/-. However, Rs.30,000/- awarded towards conventional head is maintained. Thus, the total compensation awarded by the learned Member is Rs.14,70,000/- and on calculation, the fair and just compensation would be Rs.15,42,000/-. The enhancement of compensation would be Rs.72,000/- with interest at 6% p.a. from the date of petition till deposit.
14. The learned member though was right in allowing the claim petition in part, under assessed the compensation to the said extent. Thus, the judgment and award is erroneous to the said extent and accordingly, it is liable to be set aside for the purpose of modification. Hence, I proceed to pass the following:
ORDER Both the appeal filed by the Insurance Company in MFA No.7335/2018 and by the claimants in MFA No.3211/2019 are disposed of. However, the claimants are entitled for enhanced compensation of Rs.72,000/- over and above what has been granted to them by the learned member. To that extent the impugned judgment and award of the tribunal is modified.
The Insurance Company shall deposit the compensation amount including the enhanced compensation with interest within four weeks from the date of obtaining certified copy of this judgment.
The amount in deposit be transmitted to the jurisdictional Tribunal, forthwith.
Sd/- JUDGE tsn*