IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE B MANOHAR MFA No.7772 OF 2012 (MV) BETWEEN:
1. HANUMANTHARAYAPPA S/O. HANUMAIAH AGED ABOUT 46 YEARS.
2. RANGAMMA W/O. HANUMANTHARAYAPPA AGED ABOUT 43 YEARS.
3. BHAGYAMMA D/O. HANUMANTHARAYAPPA AGED ABOUT 23 YEARS.
4. LAKSHMI D/O. HANUMANTHARAYAPPA AGED 10 YEARS MINOR REPRESENTED BY HER N/G. FATHER 1ST CLAIMANT HANUMANTHARAYAPPA.
ALL ARE RESIDENTS OF MARAGONDANAHALLI KORATAGERE TALUK NOW RESIDING AT HANUMANTHAPURA, TUMKUR TOWN – 572 101. …APPELLANTS (BY SRI.PATEL D. KAREGOWDA, ADV.,) AND:
1. RANGADHAMAIAH SINCE DEAD BY LRS’ 1(a) MUTHURAJU AGED 38 YEARS S/O. RANGADHAMAIAH 1(b) SIDDAPPA AGED 35 YEARS S/O. RANGADHAMAIAH BOTH ARE R/O. YELACHAGERE VILLAGE KOLALA HOBLI, KORATAGERE TALUK TUMAKURU DIST.
2. THE MANAGER THE NEW INDIA ASSURANCE CO. LTD. BRANCH OFFICE, TUMKUR SHOPPING COMPLEX, B.H.ROAD TUMKUR – 572 102.
(SRI.K.N.SRINIVAS, ADV., FOR R2, R1(b) SERVED, UNREPRESENTED, ... RESPONDENTS NOTICE TO R1(a) IS DISPENSED WITH V/O.DTD.26.7.2016) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 30.04.2012 PASSED IN MVC NO.349/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT- I, ADDITIONAL MACT, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated:30.04.2012 made in MVC No.349/2011 passed by the Presiding Officer, Fast Track-1 & Additional MACT, Tumkuru, (hereinafter referred to as ‘the Tribunal’, for short), have filed this appeal seeking for enhancement of compensation.
2. Appellants are the father, mother and sisters of deceased Ravi. They filed a claim petition contending that deceased Ravi was working as loader and un-loader in a tractor-trailor bearing registration No.KA-05/T-4885 & 4886. On 19.02.2011, at about 06:00 p.m., while the deceased Ravi was loading the sand to the trailor, the driver of the said tractor-trailor moved the tractor in the reverse direction. Due to that the tractor hit the deceased, he fell down and sustained injuries. Immediately after the accident he was shifted to Government Hospital, Tumkuru, wherein, he was advised to shift to Sanjay Gandhi hospital, Bangalore. Thereafter, while shifting to Sanjay Gandhi hospital, he succumbed to the injuries. In the claim petition it was contended that at the time of the accident, the deceased was aged about 24 years, doing coolie, agricultural work, milk vending business and earning a sum of Rs.12,000/- per month. He was the only son of claimant Nos.1 and 2. Due to his untimely death, the family has suffered a lot and they have lost the bread earner in the family. Due to the negligence on the part of the driver of the tractor-trailor, the accident occurred. As on the date of the accident, the said vehicle was insured with respondent 2 and R.1 & 2 being the owner and Insurer, they are liable to pay the compensation. Therefore, the claimants sought for compensation of Rs.10,00,000/-.
3. The insurance company defended the case by filing written statement. Owner of the vehicle was placed exparte.
4. After trial, the tribunal held that due to the actionable negligence on the part of the driver of the tractor- trailor, the accident occurred and the claimants are entitled for compensation.
5. The tribunal taking into consideration income of the deceased at Rs.3,000/- per month, deducting 1/3rd of his income towards personal expenses, considering the age of the mother of the deceased applying multiplier of ‘14’ awarded a sum of Rs.3,36,000/- towards loss of dependency. A sum of Rs.20,000/- towards loss of love and affection, a sum of Rs.15,000/- towards transportation and funeral expenses and a sum of Rs.10,000/- towards loss of estate. In all, a sum of Rs.3,81,000/- with interest at 6% per annum was awarded as compensation. Being not satisfied with the quantum of compensation, the claimants have preferred this appeal.
6. I have carefully considered the arguments addressed by the learned counsel for the parties. Perused the judgment and award as well as oral and documentary evidence.
7. In the claim petition, the claimants contended that the deceased was aged about 24 years. He was doing agricultural work, coolie and also doing milk vending business. Further they have contended that they are rearing three cows. To substantiate the said contention, they have produced certificate issued by the Milk Federation, Koratagere. However, the tribunal taken the income of the deceased at Rs.3,000/- per month only which is on the lower side. The accident occurred in the year 2011. Even for the daily wage workers working in various Government Departments, the income being taken as Rs.6,500/- per month. Even though, no document has been produced, the tribunal ought to have assessed reasonable income for the purpose of awarding the compensation.
8. Further, as per the judgments of the Hon’ble Supreme Court in the case of Amrit Bhanu Shali AND Others Vs. National Insurance Co. Ltd., reported in 2012(11) SCC 738 and Munnalal Jain Vs. Vipin Kumar Sharma reported in (2015) 6 SCC 347, the Apex Court has laid down a law that multiplier should be applied based on the age of the deceased. Accordingly, taking the income of the deceased at Rs.6,500/- per month, deducting 50% towards his personal expenses, as he was aged about 24 years at the time of the accident the proper multiplier applicable to the case is ‘18’. Therefore, the compensation towards loss of dependency would works to Rs.7,02,000/-. Further, two sisters have lost love and affection of their brother. Hence, a sum of Rs.25,000/- is awarded towards loss of love and affection and a sum of Rs.40,000/- is awarded under conventional heads. In all, the claimants are entitled for compensation of Rs.7,67,000/- with interest at 6% per annum as against Rs.3,81,000/- awarded by the tribunal.
9. Accordingly, I pass the following:
ORDER The appeal is allowed in part. The judgment and award dated:30.04.2012 made in MVC No.349/2011 passed by Fast Track-I and Additional MACT, Tumkur, modified and the claimants are entitled for compensation of Rs.7,67,000/- with interest at 6% per annum as against Rs.3,81,000/- awarded by the tribunal.
Sd/- JUDGE HJ