IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.3427/2017 C/W M.F.A.339/2017(MV) M.F.A.NO.3427/2017:
BETWEEN:
1.SMT CHANDRAMMA W/O ANANDAPPA M AGED ABOUT 53 YEARS, RESIDING AT CHAMUNDIPURA AYANUR POST, SHIVMOGGA TALUK, SHIVAMOGGA DISTRICT-577201 2.ANANDAPPA M S/O LATE MANJAPPA AGED ABOUT 61 YEARS, RESIDING AT CHAMUNDIPURA AYANUR POST, SHIVMOGGA TALUK, SHIVAMOGGA DISTRICT -577201 ..APPELLANTS (BY SRI K V SATEESHCHANDRA, ADVOCATE) AND:
1.THALKIN AHAMED S/O B H AMEER AHMED, AGED ABOUT 53 YEARS, OFFICE: MUSLIM HOSTEL COMPLEX SIR M V ROAD, SHIVAMOGGA-577201 (OWNER OF LORRY BEARING REG. NO.KA-14/A-5741) 2.THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE MALLAPPA COMPLEX B H ROAD SHIVAMOGGA-577201 3.M R DEVARAJ S/O RAMACHANDRAPPA AGED ABOUT 39 YEARS, R/O T GOPAGONDANAHALLI VILLAGE,HONNALI TALUK, DAVANAGERE DISTRICT-577217 ..RESPONDENTS (BY SRI LAKSHMINARASAPPA, ADVOCATE FOR SRI B C SEETHARAMARAO FOR R2, NOTICE TO R-1& 3 DISPENSED WITH VIDE ORDER DATED 23.08.2018) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.10.2016 PASSED IN MVC NO.374/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-8 AT SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
M.F.A.No.339/2017: BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD. SHIVAMOGGA BRANCH, MALLAPPA COMPLEX, BH ROAD, SHIVAMOGGA-577201 THROUGH ITS REGIONAL OFFICE, THE NEW INDIA ASSURANCE CO.LTD., MAHALAKSHMI CHAMBERS, M.G.ROAD, BENGALURU-560001. REP. BY ITS MANAGER MR.A.R.LAKSHMINARAYAN ..APPELLANT (BY SRI LAKSHMINARASAPPA, ADVOCATE FOR SRI B C SEETHARAMA RAO) AND:
1.SMT. CHANDRAMMA AGED ABOUT 53 YEARS, W/O SRI ANANDAPPA M., RESIDENT OF CHAMUNDIPURA, AYANUR POST, SHIVAMOGGA TALUK AND DISTRICT-577201 2.SRI ANANDAPPA M. AGED ABOUT 61 YEARS, S/O LATE MANJAPPA, RESIDENT OF CHAMUNDIPURA, AYANUR POST, SHIVAMOGGA TALUK AND DISTRICT-577201 3.MR THALKIN AHAMED AGED ABOUT 53 YEARS, S/O MR.B.H.AMEER AHAMED, RESIDENT OF SIR M.V.ROAD, SHIVAMOGGA-577201 (OWNER OF LORRY NO.KA.14/1-5741) 4.SRI M R DEVARAJ AGED ABOUT 39 YEARS, S/O SRI RAMACHANDRAPPA, RESIDENT OF T.GOPAGONDANAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577217 (DRIVER OF LORRY NO.KA.14/A-5741) ..RESPONDENTS (BY SRI K V SATEESHCHANDRA, ADVOCATE FOR R-1 AND R-2, R-3 –SERVED, NOTICE TO R-4 DISPENSED WITH VIDE ORDER DATED 08.03.2018) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.10.2016 PASSED IN MVC NO.374/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, & ADDITIONAL MACT- 8, SHIVAMOGGA, AWARDING COMPENSATION OF Rs.14,41,300/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THESE MFAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeals are listed for `Admission’ with the consent of the learned counsel appearing for the parties, appeals are taken up for final disposal.
2. These are the two appeals directed against the Judgment and award dated 07.10.2016 passed in MVC No.374/2014 on the file of the II Additional Senior Civil Judge and Additional MACT-8, Shivamogga.
3. Both the insurer and claimants are challenging the Judgment and award on the ground of quantum of compensation. Only difference is insurance company has challenged the award of compensation as unreasonably on higher side and claimants have challenged the award of compensation as unreasonably on the lower side.
4. In order to avoid confusion and overlapping, the parties are hereinafter referred with reference to their status and rankings as it stood before the Tribunal.
5. The incident that gave rise to initiation of proceedings is that on 04.03.2014 one Srikantha M.A., working in LSP TL in IKYA Human Capital Solutions Private Limited on a monthly salary of Rs.7,700/- per month. It is stated that on 04.03.2014 he was riding his motorcycle bearing registration No.KA-14-V-2936 from Holehonnur towards Shivamogga by that time lorry bearing registration No.KA-14-A-5741 was driven in a rash and negligent manner and dashed against the motorcycle on which Srikantha was traveling because of which Srikantha sustained serious injuries and succumbed to them. The claimants are said to be the parents of deceased Srikantha.
6. Learned Member adjudicated the matter on considering the accident, death of Srikantha, loss of dependency and related and granted compensation of Rs.14,41,300/- as under:
DESCRIPTION AMOUNT Loss of dependency Rs.6,918x50%- 3,459=10,377 Rs.10,377-1/3-3,459 Rs.6,918x12x17 Rs. 14,11,272/-
Loss of estate Rs. 10,000/-
Love and affection Rs. 10,000/-
Transportation of dead body and funeral expenses Total Rounded off Rs. 10,000/-
Rs.14,41,272/- Rs.14,41,300/-
7. The accident, injuries, death and liability are not disputed. The bone of contention is the quantum.
8. Learned counsel appearing for the claimants would submit that deceased Srikantha was qualified and was due to get a job with higher salary.
9. Per contra, learned counsel for insurance company would submit the quantum considered for personal and living expenses are far from reality and proportionate compensation deserves to be decreased.
10. In the over all circumstances of the case, considering the qualification of Srikantha which is stated to be MA, B.ED more over that is not in dispute and monthly income claimed by petitioners is Rs.7,700/- per month and he was aged 29 years at the time of his death and Tribunal considered monthly income at Rs.6,918/-. Thus, 50% towards future prospects has to be added. Srikantha was getting salary and more over his qualification said to be MA, B.ED and consideration of income may not be variable.
11. Thus, considering the calculation made aforesaid, learned Member though was right in coming to conclusion that the dependants are entitled for compensation but erred in quantification of compensation to the considerable extent. The just and fair compensation which the claimants are entitled is as under:
Rs.6,666x50%=Rs.3,333/- Rs.6,666+3,333 = Rs.9,999/- Rs.9,999-1/2 (4,999) = Rs.5,000/- Rs.5,000x12x17 =Rs.10,20,000/-
Loss of dependency – Rs.10,20,000/- Filial Consortium - Rs. 80,000/-
Rs.11,00,000/-
========= Awarded by Tribunal – Rs.14,41,272/- Less: granted by this court Rs.11,00,000/-
Reduction Rs. 3,41,272/-
========= 12. Thus, there is excess amount of Rs.3,41,272/- and the same is liable to be deducted and refunded if it is already paid.
Hence, the following:
ORDER 1. MFA No.3427/2017 is dismissed.
2. MFA No.339/2017 is partly allowed.
3. Judgment and award dated 07.10.2016 passed in MVC No.374/2014 by the II Additional Senior Civil Judge and Additional MACT-8, Shivamogga, is modified by reducing the compensation by Rs.3,41,272/-.
4. The manner of disbursement of compensation gets proportionately reduced to the extent of reduction made by this Court.
5. Insurance company is hereby directed to deposit balance amount of compensation together with interest at the rate of 6% p.a.
Amount in deposit to be transferred to the Tribunal.
Sd/- JUDGE SBN