IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.837 OF 2010 (MV) BETWEEN:
1. SMT.GOWRAMMA W/O RAJAPPA AGED ABOUT 37 YEARS 2. RAJAPPA S/O YELLAPPA AGED 44 YEARS, BOTH ARE R/AT 114, DEVASANDRA MAIN ROAD, NEAR LITTLE BLOOM SCHOOL, KUVEMPU LAYOUT, BANGALORE – 36 ...APPELLANTS (BY SRI.L.HARISH KUMAR, ADV.) AND:
1. IMRAN PASHA S/O SYED ILIYAZ MAJOR IN AGE, M/S FRIENDS BUS M.G.ROAD, CHINTHAMANI 2. THE ORIENTAL INSURANCE CO. LTD., D.O.2,1ST FLOOR, NO.3, KHENY BUILDING, 1ST CROSS, GANDHINAGARA BANGALORE – 560 009 3. THE MANAGING DIRECTOR BMTC, SHANTHINAGARA, DOUBLE ROAD BANGALORE – 560 027 4. UNITED INDIA INSURANCE CO. LTD., DOOR NO.4, NO.19-19/1 SOUTH END ROAD 2ND CROSS, BASAVANAGUDI BANGALORE ...RESPONDENTS (BY SRI.C.SHANKAR REDDY FOR R2; SRI.D.VIJAYA KUMAR, ADV. FOR R3; R4 IS SERVED;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 10.03.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE COMMON JUDGMENT AND AWARD DATED:10.11.2009 PASSED IN MVC NO. 1091/2008 ON THE FILE OF THE XIV ADDL. JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, METROPOLITIAN AREA, BANGALORE, (SCCH.NO.10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident 22nd October, 2007, the injured made a claim petition before the Motor Accident Claims Tribunal, Bangalore seeking compensation. The Tribunal, by its award dated 10th November 2009 passed in MVC No.1901 of 2008 awarded compensation of Rs.5,27,000/-. This appeal is filed seeking enhancement in the compensation. The ground taken by the learned counsel for the appellant is with regard to adopting the multiplier.
2. Heard the learned counsel for the appellant. The Tribunal has selected the multiplier taking the age of the mother of the deceased. The Hon'ble Supreme Court in the case of MUNNALAL JAIN v. VIPIN KUMAR reported in (2015)6 SCC 347 has held that the age of the deceased should be taken and not the age of the younger parent. Accordingly, the same is required to be modified in view of the judgment of the Hon'ble Supreme Court in the case of MUNNALAL (supra). Considering the age of the deceased, the correct multiplier that would be applicable is 18. The same is taken for the purpose of calculation of compensation under the head loss of dependency. Hence, the calculation would be Rs.1,500/- x 12 x 18 which comes to Rs.3,24,000/-; the same is awarded as against Rs.2,57,000/- awarded by the Tribunal. Under conventional heads another Rs.15,000/- is awarded. Medical expenses awarded by the Tribunal is retained. In total, the enhancement would be Rs.6,14,000/- as against Rs.5,27,000/- awarded by the Tribunal. The enhanced amount carries interest at the rate as is awarded by the Tribunal.
In the result, appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn