IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.4335/2016[MV] BETWEEN :
1. GOUSIYA TAJ W/O LATE MAZHAR BASHA AGED ABOUT 28 YEARS, 2. MOHAMMED YUSUF S/O LATE MAZHAR BASHA AGED ABOUT 7 YEARS, 3. MOHAMMED FARHAN S/O LATE MAZHAR BASHA AGED ABOUT 6 YEARS, 4. MOHAMMED FAZAN @ MOHAMMED FIZAN, S/O LATE MAZHAR BASHA AGED ABOUT 4 YEARS, 5. NOOR FATHIMA D/O LATE MAZHAR BASHA AGED ABOUT 1 YEARS 5 MONTHS, APPELLANTS 2 TO 5 ARE MINORS AND HENCE REP. BY THEIR NATURAL GUARDIAN MOTHER AS NEXT FRIEND GOUSIYA TAJ W/O LATE MAZHAR BASHA APPELLANT NO.1 HEREIN.
ALL ARE R/O OF S.S.MALLIKARJUNA NAGARA, DOOR NO. 591, ‘A’ BLOCK, OPPOSITE BASHA NAGAR MAIN ROAD, DAVANAGERE – 577002.
(BY SRI. SREE HARSHA A.K., ADV.) AND :
1. IFFCO-TOKIO GEN INSU CO. LTD., RPT BY ITS MANAGER, ISSUING OFFICE: MBAV MANSION, 1ST FLOOR, 3RD CROSS, M.G.ROAD, ABOVE UCO BANK, GENERAL KARIYAPPA, TUMKUR – 572 101.
2. NAVEEN K.N.
S/O NAGACHANDRA K.N. AGED ABOUT 32 YEARS, RIDER OF MOTOR CYCLE BEARING NO. KA-06/EP-2359, R/O BUGUDANAHALLI POST, (VEERABHADRESHWARA MDS TUMKUR) TUMKUR DISTRICT – 572 107.
3. REKHA W/O K.N. NAVEEN, AGED ABOUT 41 YEARS, OWNER OF MOTOR CYCLE BEARING NO. KA-06/EP-2359, C/O T.L. MANJUNATH, 1ST MAIN, 3RD CROSS, BANASHANKARI NAGAR, TUMKUR – 572 101.
4. ASHRAF SAB @ MOHAMMED ASHRAF S/O LATE KHASIM SAB, AGED ABOUT 53 YEARS, (FATHER OF DECEASED MAZHAR BASHA) 5. MAIMUNNISA W/O MOHAMMED ASHRAF @ ASHRAF SAB, ... APPELLANTS AGED ABOUT 51 YEARS, (MOTHER OF DECEASED MAZHAR BASHA) BOTH ARE R/O OF S.S.MALLIKARJUNA NAGARA, DOOR NO. 591, ‘A’ BLOCK, OPPOISITE BASHA NAGAR MAIN ROAD, DAVANAGERE – 577002.
…RESPONDENTS (BY SRI. B. PRADEEP, ADV. FOR R1.
V/O DATED 26/9/16 R2 TO R5 NOTICE D/W) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 16/04/2016 PASSED IN MVC NO. 534/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MEMBER, MACT-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellants have filed this appeal seeking enhancement of the compensation awarded against Judgment and Award passed dated 16.04.2016 by the Prl. Senior Civil judge & MACT-IV at Davanagere in MVC No.534/2015.
2. The LR’s of the deceased have filed this appeal seeking enhancement of the compensation. The Tribunal has awarded the compensation of Rs.7,65,000/-. Aggrieved by the same, the appellants have filed this appeal.
3. The learned counsel for the appellants submitted that the compensation awarded by the Tribunal on all the heads is on lower side.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both sides.
Perused the Judgment and Award passed by the Tribunal. The Tribunal has assessed the income of the deceased at Rs.5,000/- p.m. The deceased was aged about 28 years at the time of accident and he has not proved his income before the Tribunal. Considering the year of accident 2015 and the place of residence, the notional income of the deceased is to be assessed at Rs.10,000/- p.m. If 1/5th of his income is deducted for personal expenses then the actual income is Rs.8,000/-
p.m. The appellant is entitled for a sum of Rs.16,32,000/- (Rs.8,000x12x17) towards loss of future dependency as against Rs.7,20,000/- awarded by the Tribunal. The appellant is also entitled for another sum of Rs.1,00,000/- towards loss of consortium and another sum of Rs.30,000/- towards loss of estate. Accordingly, the appellant is entitled for enhancement of compensation of Rs.10,42,000/- in addition to the compensation awarded by the Tribunal.
6. Accordingly, the appeal is allowed in part.
The appellants are entitled for an enhanced compensation of Rs.10,42,000/-. The enhanced compensation amount carries interest at 6% p.a. from the date of petition till the date of payment.
Sd/- JUDGE Nm