IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL No.935 OF 2017 (MV) BETWEEN 1. SMT. HEMALATHA W/O. LATE BASKAR AGED ABOUT 45 YEARS 2. MR HARSHA H. B. S/O. LATE BASKAR AGED ABOUT 25 YEARS 3. BINDU SHREE H B S/O LATE BASKAR AGED ABOUT 20 YEARS ALL ARE R/O. NO.20/3, 20TH CROSS BHUVANESHWARINAGAR MAGADI MAIN ROAD BANGALORE-560 023. ... APPELLANTS (BY SRI. JAGADEESH H.T., ADV.) AND 1. AMEER CRANE SERVICES NO.100/2, 3RD CROSS HOSUR MAIN ROAD BOMMANHALLl BANGALORE 2. TATA AIG INSURANCE CO. LTD. NO.69, 3RD FLOOR J.P. AND DEVI JAMBUKERSHWARA ARCADE MILLERS ROAD BANGALORE-560 052. ... RESPONDENTS (BY SRI. B PRADEEP, ADV. FOR R2 R1 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.11.2016 PASSED IN MVC NO.187/2016 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING, THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT This appeal by the claimants-appellants is directed against the judgment and award dated 29.11.2016 passed in MVC No.187/2016 by the Member, Principal MACT, Bangalore, awarding compensation of Rs.15,13,000/- with interest at 9% p.a. from the date of petition till realisation.
2. The brief facts of the case are:
The appellants herein claim to be the wife and children of the deceased Bhaskar, who died in the road traffic accident that took place on 01.01.2016 at about 12.30 p.m. while he was proceeding in a motor cycle bearing Reg.No.KA-02-HN-0068 on Magadi Main Road from Sumanahalli towards Sunkadakatte and when he was near Kottlegepalya bus stop, a crane bearing Reg.No.KA-05-MD-0264 driven by its driver came in a rash and negligent manner and dashed against the motor cycle in which the deceased was sitting. Due to the impact the deceased succumbed to the injuries on the spot. The appellants, filed the claim petition under Section 166 of the M.V. Act against the respondents claiming compensation of Rs.50,00,000/-.
3. The Tribunal, after consideration of the materials placed before it, awarded a total compensation of Rs.15,13,000/- with interest at 9% p.a. from the date of petition till realisation. Being aggrieved of the quantum of compensation awarded by the Tribunal, the appellants have filed this appeal seeking for enhancement of the same.
4. The deceased having died in the accident is not disputed. At the time of accident, the deceased was aged 37 years. According to the appellants, the deceased was working in Qatar in Compass Catering Services and was earning a sum of QR 2,602.93 ps. which is equal to Indian Rs.41,646/- p.m. The Tribunal, considering the document in respect of qualification i.e., B.Com degree and no proper document is produced in respect of salary, has taken the income of the deceased at Rs.10,000/- per month and after deducting 1/3rd of the income towards his personal expenses by adopting ‘15’ as multiplier taking his age mentioned in the passport, awarded a sum of Rs.12,00,000/- towards ‘loss of dependency’.
5. The learned counsel for the appellants submitted that the compensation awarded under this head is inadequate and needs enhancement.
6. On the other hand, learned counsel for the Insurer submits that deceased had left the job in Qatar and had settled in Mangalore on the date of his death.
7. From the material on record and having regard to the profession of the deceased, we are of the opinion that the income taken by the Tribunal at Rs.10,000/- p.m. is on the lower side and the same is enhanced to Rs.12,000/- p.m. 25% of the income is taken as ‘future prospects’ which comes to Rs.3,000/- and added to Rs.12,000/- which comes to Rs.15,000/-. Further, if 1/3rd of income (Rs.5,000) is deducted towards personal expenses of the deceased, the income of deceased would be Rs.10,000/-. Accordingly, the compensation under the head ‘loss of dependency’ and ‘future prospects’ would work out as under:
12000 x 25% (future prospects) = 3000 (12000 + 3000 =15,000) 15,000 x 1/3rd (personal expenses)= 5,000/-
15,000 minus 5,000 = Rs.10,000/-
10,000 x 12 months x 13 multiplier = 15,60,000/-
8. The Tribunal has awarded compensation of Rs.1,00,000/- towards ‘loss of love and affection’, towards children, Rs.50,000/- towards ‘loss of consortium’ and Rs.10,000/- towards ‘funeral and ritual expenses’ which works out to Rs.1,60,000/-. In view of ratio of reliance in the case of National Insurance Company Ltd., -vs- Pranay Sethi reported in AIR 2017 SC 5157, the compensation under conventional heads should not exceed Rs.70,000/-.
9. Thus, in all, the claimants are entitled to total compensation of Rs.16,30,000/- as against Rs.15,13,000/- awarded by the tribunal.
10. Accordingly, the appeal is allowed in part.
The impugned judgment and award dated 29.11.2016 passed by the Tribunal in MVC No.187/2016 is hereby modified. The claimants/appellants are entitled for enhanced compensation of Rs.1,17,000/- with interest @ 6% p.a. from the date of petition till realisation.
Respondent-insurer shall deposit the enhanced compensation of Rs.1,17,000/- with interest at 6% p.a. before the Tribunal within four weeks from the date of receipt of copy of this judgment and on such deposit, the same shall be disbursed to the claimants as per the impugned judgment.
There shall be no order as to the costs. Office to draw the decree accordingly.
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ACTING CHIEF JUSTICE Sd/-
JUDGE TL