IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G. PANDIT MISCELLANEOUS FIRST APPEAL NO.2103 OF 2013 (MV) BETWEEN:
1. MR.DANAPPA, @ DANAPPA MASALI, @ DANAPPA SOMANNA, S/O LATE SOMANNA, AGED ABOUT 38 YEARS.
2. SMT.SAVITHA, W/O DANAPPA, @ DANAPPA MASALI, @ DANAPPA SOMANNA, AGED ABOUT 26 YEARS.
BOTH APPELLANTS ARE RESIDING AT NO.620, 1ST MAIN ROAD, 5TH CROSS, KEMPEGOWDA NAGAR, T-DASARAHALLI, BANGALORE – 560 057. …APPELLANTS (BY SMT.BHANU H.M, ADVOCATE FOR SRI M.R.KUMARSWAMY, ADVOCATE) AND:
1. M/S. S.R.S.TRAVELS, PROP. K.T.RAJASHEKAR, NO.65, JOGRADODDI, BIDADI INDUSTRIAL AREA, RAMNAGAR DISTRICT – 562 109.
2. ICICI LOMBORD GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICER, PRESTIGE CORNICHE, 1ST FLOOR, 62/1, RICHMOND ROAD, BANGALORE – 560 025. ...RESPONDENTS (BY SRI H.N.KESHAVA PRASHANTH, ADVOCATE, R1- NOTICE DISPENSED WITH VIDE ORDER DATED: 24.07.2015) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.12.2012 PASSED IN MVC NO.7398/2011 ON THE FILE OF THE 16TH ADDITIONAL JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The claimants are in appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 06.12.2012 passed in M.V.C. No.7398/2011 by the XVI Additional Judge, Member, Motor Vehicles Accident Claims Tribunal-14, Bangalore City.
02. The claimants are the parents of one deceased Master Somnath. Claim petition was filed under Section 166 of the Motor Vehicles Act (hereinafter referred to as ‘Act’ for short), claiming compensation for the death of Master Somnath who was aged five years as on the date of the accident. It is stated that on 02.10.2010, when the deceased was standing on the extreme left side of the road in order to cross the road, a private bus bearing registration No.KA-42-5758 came in a rash and negligent manner with high speed and dashed to the deceased, due to which, the deceased fell down and the rear wheel of the bus ran over the head of the deceased, which resulted in death on the spot. It is stated that, prior to the death, the deceased was studying U.K.G. Due to the death of the minor child, the claimants are suffering from mental shock, agony and depression.
03. On issuance of notice, respondent No.2 – Insurance Company appeared and filed written statement denying the entire claim petition averments, but admitted the issuance of the Policy. It is also contended that, the Driver of the offending vehicle had no effective and valid Driving Licence as on the date of the accident. It is also stated that, the accident occurred due to the negligence on the part of the deceased. The first claimant examined himself as PW1 and got marked Exhibits-P1 to P10.
04. The Tribunal appreciating the materials on record, awarded a total compensation of Rs.2,70,000/- with interest at the rate of 6% per annum from the date of petition till realization. While awarding the above compensation, the Tribunal based on Schedule-II of the Act, took the notional income at Rs.15,000/- per annum and adopted the multiplier of 15. The claimants not being satisfied with the quantum of compensation awarded by the Tribunal are before this Court in this appeal and praying for enhancement of compensation.
05. Heard the learned counsel for the appellants and the learned counsel for the respondent-insurer. Perused the material on record.
06. The learned counsel for the claimants/ appellants submits that, the quantum of compensation awarded by the Tribunal is on the lower side. He submits that, the parents have lost their Son aged five years and they have lost the love and affection of the child for the remaining period of their life. It is also submitted that, the deceased was studying in U.K.G. as on the date of the accident at Standard English School, Bengaluru and thus, prayed for enhancement of compensation.
07. Per contra, learned counsel for the respondent – insurer submits that, the compensation awarded by the Tribunal is just compensation, which needs no interference and prays for dismissal of the appeal.
08. On hearing the learned counsel for the parties and on perusal of the materials on record, the only question which arises for consideration is:
“Whether the claimants would be entitled for enhanced compensation?”
The answer to the above point is in the affirmative for the following reasons.
09. The accident occurred on 02.10.2010 and accidental death of the minor child Master Somnath involving bus bearing registration No.KA-42-5758 are not in dispute in this appeal. The claimants/appellants have preferred this appeal for enhancement of compensation. There is no dispute that the deceased was aged five years as on the date of the accident. The claimants are the parents of the deceased – minor child. The Tribunal as per Schedule-II of the Act, notionally took the income of the deceased at Rs.15,000/- per annum and took the multiplier at 15 and awarded a compensation of Rs.2,25,000/- on the head of loss of dependency, which is in accordance with law and needs no interference. The Tribunal has awarded compensation of Rs.20,000/- on the head of loss of love and affection, which is on the lower side. The claimants who are the parents of the deceased – minor child aged five years, have lost the love and affection of the child for their entire life. As such, the claimants together would be entitled for a sum of Rs.1,00,000/- on the head of loss of love and affection. Thus, the claimants would be entitled for the following modified compensation:
Sl.
No.
Particulars Amount 01 Loss of dependency Rs.2,25,000.00 02 Loss of love and affection Rs.1,00,000.00 03 Funeral and obsequies expenses Rs.25,000.00 TOTAL Rs.3,50,000.00 Thus, the claimants would be entitled for a total compensation of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) with interest at the rate of 6% per annum from the date of petition till realization, as against a sum of Rs.2,70,000/- awarded by the Tribunal.
The Miscellaneous First Appeal is allowed in part.
The judgment and award dated 06.12.2012 passed in M.V.C. No.7398/2011 by the XVI Additional Judge, Member, Motor Vehicles Accident Claims Tribunal-14, Bangalore City, is modified to the above extent.
Sd/- JUDGE SJ