IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.4165 OF 2017 (MV - D) BETWEEN 1. NISHAN, S/O LATE JAGADISH M., AGED ABOUT 6 YEARS, SINCE MINOR REPRESENTED BY HIS GUARDIAN AND NEXT FRIEND AND UNCLE MR.JAYANTH, S/O LAKSHMANA POOJARY, AGED ABOUT 37 YEARS, 2. LAKSHMANA POOJARY, S/O LATE AITHAPPA POOJARY, AGED ABOUT 76 YEARS, 3. SMT. SHASHIKALA, W/O LAKSHMANA POOJARY, AGED ABOUT 71 YEARS, 4. KUMARI YASHODA @ YASHODA M., D/O LAKSHMANA POOJARY, AGED ABOUT 36 YEARS, ALL ARE RESIDING AT MULIBAIL HOUSE, BARIMARU, BANTWALA D.K.DISTRICT – 574 253.
…APPELLANTS (BY SRI. G.RAVISHANKAR SHASTRY, ADVOCATE) AND THE DIVISIONAL MANAGER, KSRTC, BEJAI, MANGALURU, D.K. – 575 001.
(BY SRI.G.K.NAGARAJA, ADVOCATE) …RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:11.02.2016 PASSED IN MVC NO.1207/2014, ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT – II, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the appellants-claimants challenging the impugned judgment and award dated 11.02.2016 passed by the I Additional District and Sessions Judge, MACT – II, D.K., Mangaluru (for short ‘the tribunal’) in MVC.No.1207/2014 awarding a sum of Rs.16,37,000/- together with interest at 6% p.a. from the date of petition till the date of deposit on account of the death of the deceased in a road traffic accident that occurred on 03.02.2014.
2. Though the matter is listed for Admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance Company are not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. The learned counsel for the appellants-claimants submits that the Tribunal committed an error in taking the notional income of the deceased as Rs.12,000/- instead of Rs.15000/- per month in the light of the Lok Adalat guidelines since the accident occurred in the year 2014. It is further contended that the Tribunal was erred in not adding 25% towards future prospects to the income as per the law laid down by the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 SCC 680, since the deceased was aged about 33 years as on the date of accident.
5. Per contra, learned counsel for the respondent- Insurance Company would support the impugned judgment and award passed by the Tribunal.
6. I have given my careful consideration to the rival submissions and perused the material on record.
7. As rightly contended by the learned counsel for the appellants-claimants, the Tribunal committed an error in taking the notional income as Rs.12,000/- p.m. instead of Rs.15,000/- p.m. as per Lok Adalat guidelines since the accident occurred during the year 2014. By adding 25% as per law laid down by the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 SCC 680, the income for the purpose of assessing ‘loss of dependency comes to Rs.15,000/- p.m. 3/4 should be deducted since the deceased left behind 3 dependents i.e. appellants-claimants herein and as such, a sum of Rs.3750/- has to be reckoned for the purpose of assessing ‘loss of dependency’. Thus, the appellants- claimants are entitled to a sum of Rs. 18,90,000/- towards ‘loss of dependency’ as stated hereunder:
3750x12x14x3 = Rs.18,90,000/-
8. The compensation awarded under other conventional heads is just and proper and the same does not warrant interference by this Court.
9. Accordingly, the appellants-claimants are entitled to total compensation as hereunder:
1 Loss of dependency Rs. 18,90,000.00 2 Loss of Consortium Rs. 1,00,000.00 3 Funeral Expenses & Transportation Rs. 15,000.00 4 Loss of estate Rs. 15,000.00 Total Rs. 20,20,000.00 10. The Tribunal having awarded a sum of Rs.16,37,000/-, the appellants-claimants would be entitled to additional sum of Rs.3,83,000/- (20,20,000.00 – 16,37,000.00) by way of additional enhanced compensation together with interest @ 6% p.a. from the date of claim petition till the realization excluding the delay period of 342 days.
11. In view of the aforesaid discussion, I pass the following:
ORDER (i) The appeal is partly allowed.
(ii) The impugned judgment and award passed by dated 11.02.2016 passed by the I Additional District and Sessions Judge, MACT – II, D.K., Mangaluru in MVC.No.1207/2014 is hereby modified.
(iii) The appellants-claimants are entitled to enhanced compensation of Rs.3,83,000/- which shall carry interest at 6% p.a. excluding the interest for the delayed period of 342 days from the date of claim petition till realization.
(iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
Sd/- JUDGE SSD