IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL No. 1967 OF 2016(MV) BETWEEN:
1. Chandru@Chandra Bhandary S/o. Sathynarayana Aged about 44 years Occupation: Barber 2. Smt.Usha W/o. Chandru @ Chandra Bhandary Aged about 42 years Occupation: House Wife 3. Master Pavan S/o.Chandru @ Chandra Bhandary Aged about 13 years Occupation: Student Appellant No.3 Since minor Represented by his natural Guardian/Father Sri.Chandru @ Chandra Bhandary R/o Gowdahalli Village, Gowdahalli Post Mudigere Taluk, Chikmagalur – 577101.
... Appellants (By Sri.K.Shantharaj, Adv. for Sri.Vinod Gowda, Adv.) AND:
1. Sundesh S/o Manjaiah, Aged about 41 years, R/o Billur Village, Banakal Hobli, Mudigere Taluk, Chikmagalur District – 577101.
2. Naveen Kumar S/o Late Thammannagowda, Aged about 44 years, R/o Billur Village, Banakal Hobli, Mudigere Taluk, Chikmagalur District – 577101.
3. The Manager, New India Insurance Co. Ltd., Nruthshree Complex, Ist Floor, Mudigere, Chikmagalur District – 577101.
4. Rajesh S/o Dharanappa Devadiga, Aged about 30 years, R/o Ramakrishnanagar, Ujire Post, Belthangadi Taluk, Dakshina Kannada – 585290.
5. Anil D’souza S/o Alphonsa D’Souza, Aged about 27 years, R/o Thakodekatte House, Ujire Post, Belthangadi Taluk, Dakshina Kannada – 585290.
6. The Manager, United India Insurance Co. Ltd., Micro Office, 2nd Floor, Sri.Kathyayani Opp bus stand, Belthangadi Taluk, Dakshina Kannada – 585290.
... Respondents (By Sri.Pradeep Naik.K, Adv. for R1 and R2 Sri. B.C.Seetharama Rao, Adv. for R3, R4, R5 & R6 - served) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 14.12.2015 passed in MVC No.636/2014 on the file of the I Additional Senior Civil Judge, Additional MACT, Chikkamagaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Miscellaneous First Appeal coming on for Hearing, this day, the Acting Chief Justice, delivered the following:
JUDGMENT We have heard learned counsels for both the parties.
2. The appellants/claimants have filed this appeal seeking enhancement of compensation against the judgment and award dated 14.12.2015 passed by the I Additional Senior Civil Judge and Additional MACT, Chikkamagaluru, in MVC No.636/2014.
3. The case of the appellants/claimants is that on 27.04.2014 at 2.00 p.m., while the deceased Kum.Pavana was returning from Hemmadi Halla after washing cloths at Gowdahalli-Devarunda road in an autorickshaw bearing No.KA.21/A-4156 driven by respondent No.4, near Krishnachar coffee plantation, a Tractor bearing No.KA.18/TA-3298-3299 driven by respondent No.1-driver in a rash and negligent manner with high speed and dashed against the autorickshaw. As a result, the deceased fell down from the autorickshaw, sustained grievous injuries to her vital parts. Immediately, she was admitted to M.G.M. Hospital, Mudigere, where first aid treatment was given to her. Thereafter, she was shifted to Benaka Hospital, Ujire and again she was shifted to Father Muller Medical College Hospital, Kankanady, Mangaluru, where she succumbed to injuries on 28.04.2014. According to the appellants, the deceased was studying 10th standard, aged about 16 years and she was brilliant in her studies. The Tribunal has awarded compensation of Rs.4,01,674/- with interest at 6% p.a.
from the date of petition till its deposit. Aggrieved by the same, this appeal is filed.
4. Learned counsel for the appellants relied on the decision of the Hon’ble Supreme Court in the case of Kishan Gopal and another vs. Lala and others (2014) 1 SCC 244, wherein notional income of the deceased was taken at Rs.30,000/- p.a., applying multiplier of ‘15’ in view of young age of parents, compensation of Rs.4.5 lakhs was held to be payable by adding Rs.50,000/- towards conventional heads. In all, total compensation of Rs.5,00,000/- to be paid carrying interest at 9% p.a. in view of long contest put by insurance company.
5. In view of the decision referred (supra), we deem it appropriate to assess the income of the deceased at Rs.30,000/- p.a. and by adopting multiplier of ‘15’ the compensation is enhanced to Rs.4,50,000/-
(30,000 x 15 multiplier) as against Rs.3,36,000/- awarded by the Tribunal.
6. The Tribunal has awarded Rs.65,674/- towards conventional heads, which has to be scaled down. Thus, the same is reduced to Rs.50,000/- from Rs.65,675/-. Accordingly, the claimants are entitled for total compensation of Rs.5,00,000/- with interest at 9% p.a. as against Rs.4,01,674/-. The enhanced compensation comes to Rs.98,326/-.
7. Accordingly, we proceed to pass the following:
ORDER The appeal is allowed in part.
The judgment and award passed by the Tribunal is modified and the appellants/claimants are entitled for enhanced compensation of Rs.98,326/-. Further, the rate of interest granted by the Tribunal is modified from 6% p.a. to 9% p.a. in view of the judgment referred to supra.
As per the impugned judgment and award, respondents-owner of the vehicle and the insurer shall deposit the enhanced compensation with interest before the Tribunal within four weeks from the date of receipt of certified copy of this judgment and on such deposit, the same shall be disbursed to the claimants.
The impugned judgment and award, in so far as deposit is concerned, shall remain unaltered. The amount already deposited, if any, shall be adjusted. The amount in deposit before this Court shall be transmitted to the Tribunal forthwith.
Office to draw the decree accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE TL