IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA MFA NO.5696/2014 (MV) BETWEEN 1. GULABI GANIGA W/O LATE SURESH GANIGA AGED ABOUT 35 YEARS 2. VIGNESHA S/O LATE SURESH GANIGA AGED ABOUT 12 YEARS 3. VIDHYA D/O LATE SURESH GANIGA AGED ABOUT 9 YEARS 4. CHIKKAYYA GANIGA S/O LATE ANTHA GANIGA AGED ABOUT 63 YEARS 5. GIRIJA GANIGA W/O CHIKKAYYA GANIGA AGED ABOUT 58 YEARS APPELLANTS 2 AND 3 ARE MINORS AND REPRESENTED BY NATURAL GUARDIAN MOTHER APPELLANT NO.1 ALL ARE R/O KATTINA MAKKI HORNI POST, HAKALADY KUNDAPURA TALUK UDUPI DISTRICT-576101 (BY SRI MAHESH KIRAN SHETTY S, ADV.) AND 1. SMT MANJULA W/O ABHAYA CHANDRA ... APPELLANTS R/O NEAR BOARD HIGH SCHOOL PUTHURU PUTHUR TALUK MANGALORE DISTRICT-575001 2. THE NATIONAL INSURANCE CO LTD BRANCH OFFICE:BANTWAL GANESH BUILDING MAIN ROAD BANTWAL, BANTWAL TALUK MANGALORE DIST-575001 ... RESPONDENTS (BY SRI. C M POONACHA FOR R2, ADV.
NOTICE TO R1 DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2012 PASSED IN MVC NO.586/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDL. MACT, KUNDAPURA, 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 This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of the learned counsels appearing for the parties, the appeal was heard and disposed of finally. Perused the judgment and award passed by the Tribunal.
3. For the sake of convenience, 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 deceased in a road traffic accident occurred on 19.4.2011 due to rash and negligent driving of the offending bus bearing registration No.KA-21-8209 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
5. The claimants in support of their contention that deceased by working as an auto driver and flower decorator in Bangalore was earning Rs.8,000/- per month except oral evidence of PW-1 and producing driving licence of deceased at Ex.P-24 have not produced any other material. Therefore, considering the age of decesed as 38 years, year of accident as 2011 and his avocation as driver, his income inclusive of future prospects can be assessed at Rs.7,000/- per month. The claimants are wife, two minor children and parents of deceased and they are five in number and even after excluding father as non- dependent legal heir, there are four dependent legal heirs of deceased. Therefore, 1/4th of the income of deceased is to be deducted towards his personal expenses and remaining 3/4th of his income is to be taken as his contribution to family. Multiplier applicable to the age group of deceased is ‘15’. Therefore, the ‘loss of dependency’ works out to Rs.9,45,000/- (7,000 x 3/4 x 15 x 12) and it is awarded as against Rs.8,19,000/- awarded by the Tribunal.
6. Further, a sum of Rs.40,000/- is awarded towards ‘loss of consortium’ in respect of first claimant-wife of deceased, Rs.15,000/- is awarded towards ‘loss of estate’ and Rs.15,000/- is awarded towards ‘transportation of dead body and funeral expenses’ as per the decision of the Hon’ble Apex Court in the case of National Insurance Co. Ltd vs. Pranay Sethi and others.
7. Thus, the claimants are entitled for the following compensation:-
PARTICULARS Rs.
1 Loss of Dependency 9,45,000 2 Conventional Heads 70,000 TOTAL 10,15,000 LESS: Compensation awarded by the Tribunal 9,61,000 BALANCE 54,000 8. 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.54,000/- with interest at 6% p.a. from the date of claim petition till the date of realization excluding interest for the delayed period of 508 days in filing the appeal.
9. 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 excluding interest for the delayed period of 508 days in filing the appeal and it shall be released in favour of wife and mother of deceased equally.
10. The disbursement, apportionment, deposit and release of award amount shall be made in terms of the award of the Tribunal.
No order as to costs.
SD/- JUDGE DM