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 MISCELLANEOUS FIRST APPEAL NO.2834 OF 2018 (MV) BETWEEN:
1. SMT.CHANDRAMMA W/O. SHIVANNA, D/O. KARIYAPPA, AGED ABOUT 36 YEARS 2. KUM. POORNIMA D/O. SHIVANNA, AGED ABOUT 20 YEARS 3. SRI. SHIVANNA S/O. RUDRAPPA, AGED ABOUT 42 YEARS ALL ARE R/O HULLURU VILLAGE, CHITRADURGA TALUK & DISTRICT PIN – 577 501. ... APPELLANTS (BY SRI.B PRAMOD, ADV.) AND:
1. SRI. ANJANAMURTHY S/O. HANUMANTHAPPA, R/O. SINGAPURA VILLAGE, CHITRADURGA TALUK & DISTRICT PIN – 577 555 2. THE BRANCH MANAGER THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., BRANCH OFFICE, LAWYERS ROAD, DAVANGERE – 577 002. ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.01.2018 PASSED IN MVC NO.585/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM,CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is preferred challenging the judgment and award dated 8th January, 2018 passed in MVC No.585 of 2017 by the Principal Senior Civil Judge and CJM, Chitradurga.
2. For the death of one Appu in the accident that took place on 14th April 2017, the parents and sister of the deceased made claim petition. By the impugned judgment and award, the Tribunal has awarded compensation of Rs.10,02,000/- with interest at 9% per annum from the date of filing of the petition till realisation. Being not satisfied with the compensation amount, this appeal is filed seeking enhancement.
3. The learned counsel for the appellant submits that the deceased was an agriculturist and was an earning member of the family; and he was taking care of the family members. He submits that the court below has erred in taking the income of the deceased at Rs.9,000/- per month. He also submits that the compensation awarded under the head loss of Estate and the amount awarded towards funeral expenses are also on the lower side. He also submits that the Tribunal has not awarded any amount towards loss of love and affection. The learned counsel further submits that the deceased was carrying on flower business and hence, future prospects is to be taken, which the Tribunal has not taken. Hence, he submits to allow the appeal and to enhance the compensation.
4. The learned counsel for the respondent-Insurer supports the award and submits that the Tribunal, after carefully considering the facts and materials placed before it, has awarded the just compensation and the same cannot be interfered with in this appeal. Hence, he submits to dismiss the appeal.
5. Heard the learned counsel for the parties. The accident and the deceased succumbing to the accidental injuries are not in dispute. The case of the appellants before the Tribunal is that the deceased was carrying out agriculture and was also doing flower business and he was earning Rs.20,000/- per month. The same has been disbelieved by the Tribunal and it has assessed the Notional income at Rs.9,000/- per month. The notional income has to be assessed based on the factors like year of accident, place of residence, number of dependants, cost of living, etc. In the instant case the accident is of the year 2017. With relevance to the year of accident, the monthly notional income is to be assessed at Rs.10,000/-. Since the deceased was aged 18 years at the time of accident, and as claimed by the appellants he was carrying on flower business, as per the decision of the Hon'ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LTD. v. PRANAY SETHI reported in 2017 SCC Online 1270, 40% future prospects is to be calculated, which in the instant case comes to Rs.4,000/-. Hence, the total income of the deceased is Rs.14,000/- per month. Since the deceased was a bachelor 50% deductions is to be given out of total income. If that is given, the income would be Rs.7,000/-. Accordingly, the calculation would be Rs.7,000/- x 12 x 18 which comes to Rs.15,12,000/-. The compensation awarded under others heads are left undisturbed. The interest on the enhanced compensation as per rate of interest awarded by the Tribunal comes to Rs.48,600/-. Hence, the total enhanced compensation would be Rs.5,88,600/- which is rounded off to Rs.5,90,000/-. It is made clear that the apportionment of the enhanced compensation would be as per the award of the Tribunal.
Appeal is allowed in part.
Sri E.I. Sanmati, the learned counsel is permitted to file power on behalf of respondent No.2 within a period of four weeks.
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ACTING CHIEF JUSTICE lnn