IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA MFA No.7993/2012 (MV) BETWEEN:
1. ERAPPA S/O THIMMA BOVI NOW AGED ABOUT 60 YEARS 2. YALLAMMA W/O ERAPPA NOW AGED ABOUT 41 YEARS BOTH ARE R/O INAHALLI KURUBARAHATTI VILLAGE CHITRADURGA TALUK ... APPELLANTS (BY SRI. N.R. RANGEGOWDA, ADV. FOR SRI. S. RAGHAVENDRA, ADV.) AND:
1. D. THIPPESWAMY S/O DUGGAPPA INAHALLI KURUBARAHATTI VILLAGE CHITRADURGA TALUK 2. THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD BRANCH OFFICE, LAKSHMI BAZAR CHITRADURGA TOWN (BY SRI.O.MAHESH, ADV. FOR R2; R1 NOTICE DISPENSED WITH) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.03.2012 PASSED IN MVC NO.358/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & CJM, ADDITIONAL MACT, CHITRADURGA, 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:-
J U D G M E N T This appeal is by the claimants seeking enhancement of the compensation awarded by the Tribunal.
2. With the consent of learned counsel appearing for the parties, the appeal is heard and disposed of finally. Perused the judgment and award passed by the Tribunal.
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding death of one Nagaraja in a road traffic accident occurred on 12.04.2011 due to rash and negligent riding of the offending motor bike bearing registration No.KA-16/R-755 by its rider and liability of the insurer of the offending vehicle, the only point arises for consideration in this appeal is:
“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
5. After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.
6. It is a case of death of one Nagaraja, Bachelor aged about 22 years. The claim petition was filed his parents. The claimants in support of their contention that their deceased son by doing Milk Vending and Vegetables business was earning Rs.30,000/- per month, except examining claimant No.1-the father of the deceased as PW.1 did not adduce any other evidence substantiating the avocation and income of the deceased. In the absence of proof of income, considering the age of deceased as 22 years, year of accident as 2011 and his avocation as Daily Wager, his income could be assessed at Rs.7,000/- per month. Since, earnings of deceased is not established, nothing can be added to his income towards ‘future prospects’. The multiplier of ‘18’ is to be applied based on the age of deceased who was 22 years old at the time of accident. As deceased died as a Bachelor, 50% of his income has to be deducted towards his ‘personal expenses’ and remaining 50% is to be taken as his contribution towards family. If that is so, ‘loss of dependency’ works out to Rs.7,56,000/- (Rs.7,000/- x 12 x 18 x 50/100) and it is awarded as against Rs.2,16,000/- awarded by the Tribunal.
7. In addition to that, a sum of Rs.15,000/- is awarded towards ‘loss of estate’ as against Rs.20,000/- awarded by the Tribunal and Rs.15,000/- is awarded towards ‘transportation of dead body and funeral expenses’ as against Rs.5,000/- awarded by the Tribunal. A sum of Rs.20,000/- awarded by the Tribunal towards ‘loss of love and affection’ is disallowed.
8. A sum of Rs.1,23,000/- awarded by the Tribunal towards ‘medical expenses’ of the deceased is as per the medical bills produced by the claimants, the same is just and proper and there is no scope for enhancement.
9. Thus, the compensation awarded by the Tribunal is re-assessed as under :-
10. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimants are entitled for an additional compensation of Rs.5,25,000/- with interest at 6% p.a. from the date of claim petition till the date of realization.
11. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, Rs.3,00,000/- and Rs.1,00,000/- with proportionate interest is ordered to be invested in fixed deposit in the names of claimant No.1, the father of the deceased and claimant No.2, the mother of the deceased respectively in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years and 5 years respectively with a right of option to withdraw interest periodically. Remaining amount of Rs.1,25,000/- with proportionate interest is ordered to be released in favour of the claimants in equal proportionate.
12. The Tribunal while releasing Rs.1,25,000/- is also directed to issue the fixed deposit slips, so as to enable the claimants to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal.
No order as to costs.
Sd/- JUDGE VM