IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE M.F.A.NO.559 OF 2012 (MV) BETWEEN:
1. MR. HARIDAS ALIAS HARISH AMIN S/O LATE NARAYANA POOJARY AGED ABOUT 59 YEARS VADYANATHA NAGARA, PACHHANADY POST BONDEL, MANGALORE ,D.K-575023.
2. SMT. INDIRA AGED ABOUT 52 YEARS W/O MR. HARIDAS ALIAS HARISH AMIN R/AT VADYANATHA NAGARA, PACHHANADY POST BONDEL, MANGALORE, D.K.-575023.
3. MR. SACHIN AGED ABOUT 27 YEARS S/O MR. HARIDAS ALIAS HARISH AMIN R/AT VADYANATHA NAGARA, PACHHANADY POST BONDEL, MANGALORE, D.K.-575023.
4. SOUMYA AGED ABOUT 21 YEARS D/O MR HARIDAS ALIAS HARISH AMIN R/AT VADYANATHA NAGARA, PACHHANADY POST BONDEL, MANGALORE, D.K.-575023.
… APPELLANTS (BY SMT. HALEEMA AMEEN ADV. FOR MR. S. VISHWAJITH SHETTY, ADV.) AND:
1. SRI. S. RAMA AGED ABOUT 39 YEARS S/O CHANIYA R/AT SHANTHAPADAVU, ADYIANADKA YENMAKAJE VILLAGE & POST KASARGOD TALUK & DIST KERALA STATE-580001.
2. GURURAJ SHENOY AGED ABOUT 42 YEARS S/O LATE UPENDRA SHENOY R/AT OPP TO GUNDU RAO NURSERY GUNDURAO LANE MANNAGUDDA, MANGALORE, D.K.-575003.
3. DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD DIVISION OFFICE, P B NO.30 BHARATH BUILDING, P M RAO ROAD MANGALORE-575003.
… RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADV. FOR R3 NOTICE TO R1 & R2 IS D/W) - - -
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWRD DATED 29.9.2011 PASSED IN MVC NO.597/2009 ON THE FILE OF MEMBER, MACT-III & II ADDITINOAL DISTRICT JUDGE, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
JUDGMENT Smt.Haleema Ameen, learned counsel for the petitioners.
Smt.Manjula N. Tejaswi, learned counsel for respondent No.3.
2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’ for short) has been filed by the appellants who are the claimants against the award dated 29.09.2011 passed by the Tribunal.
3. Facts giving rise to filing of this appeal briefly stated are that on 21.01.2009 at about 8.30 a.m., while the deceased Sandeep was riding the motor cycle, the drier of the lorry drove the lorry in a rash and negligent manner and while taking over the motor cycle of the deceased dashed against the motor cycle of the deceased as a result of which the deceased was thrown out on the road as a result of which the deceased suffered injuries on the head and multiple fractures. At the time of the accident, the deceased was aged about 22 years and was working as meter reader in MESCOM. The appellants who are the parents and the brother and sister of the deceased filed a petition under Section 166 of the Act claiming compensation on account of death of the deceased. The respondent No.1 filed the written statement in which the claim of the appellants was disputed. The factum of accident was also denied by respondent No.1. The Tribunal on the basis of the pleadings framed the issues and vide award dated 29.09.2011, inter alia held that an accident took place on 21.01.2009 on account of rash and negligent driving of the lorry as a result of which the deceased sustained injuries and died. It was further held that the insurance company is liable to pay the amount of compensation which was quantified at Rs.3,87,000/- along with interest at the rate of 6% p.a.
4. Learned counsel for the appellant submitted that the Tribunal grossly erred in applying the multiplier of 12 while taking into account the age of the mother of the deceased. It is further submitted that in view of laid down in ‘NATIONAL INSURANCE COMPANY LTD., VS PRANAY SETTI AND OTHERS’, (2017) 16 SCC 680, the Tribunal ought to have applied the multiplier depending upon the age of the deceased. It is further submitted that reasonable amount under the head of loss of consortium and funeral expenses etc have not been awarded to the appellants and therefore, the amount of compensation be enhanced and the award passed by the tribunal be suitably modified. In support of aforesaid submission, reliance has also been placed on decision of the supreme court in ‘MAGMA GENERAL INSURANCE COMPANY LTD., VS. NANURAM’, LAWS(SC) 2018 9 51. On the other hand, learned counsel for the respondent has supported the award passed by the claims tribunal.
5. I have considered the submissions made by learned counsel for both the sides and have perused the record. The tribunal has taken into account the income of the deceased as Rs.4,500/- and 50% has been deducted on account of personal expenses and the tribunal has adopted the multiplier of ‘13’. The Supreme Court in the case of MAGMA GENERAL INSURANCE COMPANY supra has held that where the deceased is a bachelor, 1/3rd of the income should be deducted on account of personal expenses. The Supreme Court in NATIONAL INSURANCE COMPANY LTD., supra has held that the multiplier has to be selected taking into account the age of the deceased. The tribunal has awarded a sum of Rs.25,000/- under the head loss of love and affection and has awarded a sum of Rs.10,000/- towards cremation. The aforesaid amount in view of law laid down by the aforesaid decision of the supreme court is grossly inadequate and the tribunal in the state of evidence on record particularly the salary certificate viz., Ex.P12, which was produced by PW3 ought to have held that deceased was drawing a salary of Rs.5,075/-p.m. Therefore, there appears to be no justification for determining the monthly salary of deceased at Rs.4,500/-. Accordingly it is held that the deceased was drawing a monthly salary of Rs.5,000/-
p.m. and 1/3rd of the amount needs to be deducted on account of personal expenses of the deceased as he was a bachelor. Thus, the dependency of the parents comes to Rs.3,334/- which is rounded off to Rs.3,400/-. Thus the annual dependency would be 3400x12=Rs.40,800. i.e., Rs.40,800. The age of the deceased at the time of the accident was admittedly 22 years and therefore, the multiplier has to be taken as ‘18’. Thus the appellants are entitled to a sum of Rs.7,34,400/- (40,800x18) on account of ‘loss of dependency’. An amount of Rs.25,000/- has been granted under the head ‘loss of love and affection’, which is grossly inadequate and is enhanced to Rs.50,000/-. Similarly a sum of Rs.10,000/- has been awarded on account of expenses for cremation, which is enhanced to Rs.15,000/-.
Sl.
No.
Compensation under various heads Amount in Rs. Awarded by the Tribunal Enhanced Amount in (Rs.) 1. Loss of dependency Rs.3,51,000/- Rs.7,34,400/-
Thus, the total sum payable by the insurance company comes to Rs.8,00,400/-. Thus, the appellants are entitled for enhanced amount of Rs.4,13,400/-. The enhanced amount shall carry interest at the rate of 6% p.a. from the date of petition till the same is paid to the appellants. To the aforesaid extent the award passed by the claims tribunal is modified.
Accordingly the appeal is disposed of.
Sd/- JUDGE SS