IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.7099/2016 BETWEEN:
1. CHAITHRA W/O LATE K.R. NANDEESH AGED ABOUT 24 YEARS 2. RAMAIAH S/O LATE KANAKADASAPPA AGED ABOUT 62 YEARS 3. NARASAMMA W/O RAMAIAH AGED ABOUT 57 YEARS ALL ARE RESIDING AT DODDAKONDLI VILLAGE, NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT.
572 223. ... APPELLANTS (BY SRI.SHANTHARAJ K, ADV.) AND:
1. SYED ASLAM S/O SYED PEER, AGED ABOUT 40 YEARS R/AT MADDUR ROAD, KUNIGAL TOWN, TUMKUR DISTRICT, 572 130.
2. UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER, MICRO OFFICE, MUNICIPAL OFFICE, NEAR CANARA BANK, B.M. ROAD, KUNIGAL TOWN - 572 130. ... RESPONDENTS (BY SRI.C SHANKAR REDDY, ADV. FOR R2 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.1.2016 PASSED IN MVC NO.717/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT-17, GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellants-claimants have filed this appeal seeking enhancement of compensation on account of death of one Nandeesh K R in a road traffic accident which occurred on 24.2.2014 when the deceased was proceeding on his Herohonda motorcycle on the extreme end of the left side of Mysuru – Belluru road in a care and caution when he reached Chowdenahalli village, one Eicher Canter vehicle driven in a rash and negligent manner came from backside of the bike and by overtaking the same, dashed against the right side of the bike and caused the accident. The deceased succumbed to the injuries on the spot.
2. The claimants who are L.rs of the deceased filed a claim petition before the Tribunal claiming compensation. The Tribunal after appreciating the oral and documentary evidence on record was pleased to grant compensation of Rs.11,19,000/-. Aggrieved by the same, the appellants have filed this appeal, seeking enhancement.
3. The learned counsel for the appellants submits that the tribunal has not taken the income of the deceased properly and the compensation awarded under the head `loss of consortium’ is on the lower side.
4. The learned counsel for the respondent sought to dismiss the appeal.
5. I have heard the learned counsed appearing for both the parties and perused the judgment and award passed by the Tribunal. The occurrence of the accident and the negligence of the driver of the Canter van are not in dispute. The only ground on which the claimants are seeking compensation on the head of loss of dependency. The Tribunal has not properly taken the income of the deceased. It is seen that the deceased was working under one Chandrashekar who is a Civil Contractor and earning a sum of Rs.15,000/- p.m. and the accident is dated 24.2.2014 and the same has been deposed by PW1. Taking into consideration the date of accident and nature of work of the deceased, it is safe to take the income of the deceased at Rs.9,000/- p.m. Hence, the appellants are entitled for a sum of Rs.12,96,000/- (2/3rd of Rs.9,000/- is Rs.6,000 x 12 x 18) towards loss of dependency or loss of estate in the place of Rs.8,64,000/-. The compensation under the head `loss of consortium’ is on the lower side and the same is enhanced by another Rs.1,00,000/-. The compensation under other heads stands undisturbed.
The appeal is allowed in part. Claimants are entitled to enhancement of compensation of Rs.5,32,000/- in addition to the compensation awarded by the Tribunal. The enhanced amount carries interest at 8% p.a. from the date of petition till the date of payment.
Sd/- JUDGE NM