IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A.No.76/2016 [MV] BETWEEN :
NEW INDIA ASSURANCE CO., LTD., DIVISIONAL OFFICE DENTAL COLLEGE ROAD MCC ‘B’ BLOCK DAVANAGERE REPRESENTED BY NEW INDIA ASSURANCE CO., LTD., M.G.ROAD, BANGALORE-560001 BY MANAGER. ...APPELLANT (BY SRI R.JAIPRAKASH, ADV) AND :
1. SRI HALESH S/O HALAPPA AGED ABOUT 46 YEARS CHANNAGIRI TALUK-577213 2. SRI HANUMA NAIK S/O HALA NAIK, MAJOR 100 FT ROAD, GANDHINAGAR SHIMOGGA-577201.
3. SMT AFZAL BI AGED 43 YEARS 4. SRI H.K.JAFAR SADIQ AGED 19 YEARS 5. SRI MOHAMMED MUBARK AGED 16 YEARS THE RESPONDENT No.3 IS WIFE RESPONDENT Nos.4 AND 5 ARE CHILDREN OF LATE MOHAMMED HUSSAIN SAB RESPONDENT No.5 IS MINOR REP BY THIRD RESPONDENT.
ALL ARE R/AT HARLIPURA VILLAGE CHANNAGIRI TALUK DAVANAGERE-577213. …RESPONDENTS (BY SRI VISHWANATH SHETTY, ADV FOR R-3 & R-4; NOTICE TO R-1 & R-2 DISPENSED WITH) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2015 PASSED IN MVC.NO.104/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, AT CHANNAGIRI, AWARDING COMPENSATION OF Rs.7,80,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS M.F.A. COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Appeal is by the insurer challenging the judgment and award dated 30.10.2015 in MVC No.104/2013 passed by the Senior Civil Judge & MACT at Channagiri, both on the ground of liability and quantum. The Tribunal has awarded compensation of Rs.7,80,000/- with interest at 9% p.a. Accident is of the year 2013.
2. Heard the learned counsel appearing for respective parties.
3. Learned counsel for the appellant contends that for minor’s death, the Tribunal has awarded compensation of Rs.7,80,000/-, which is exorbitant. Learned counsel submits that for the death of minor, income has to be determined as per II Schedule of the Motor Vehicles Act, under which the income is assessed at Rs.30,000/- p.a. and it is submitted that as per the Judgment of the Hon’ble Apex Court in Kishan Gopal and others –v- Lala and others reported in 2013 ACJ 2594, the appropriate multiplier is 15, whereas the Tribunal has applied multiplier 18, which is contrary to the law.
4. The learned counsel for the respondents supports the judgment and award passed by the Tribunal.
5. The deceased is a minor, which is undisputed. Thus, income of the deceased cannot be assessed unless satisfactory materials are placed before this Court. Under these circumstances, income to be assessed at Rs.30,000/- as prescribed in II Schedule of the Act. Hence, loss of dependency works out to Rs.4,50,000/- (30,000 x 15). Rs.50,000/- is awarded under conventional heads. Rs.10,000/- awarded by the Tribunal towards medical expenses cannot be interfered with.
6. Accordingly, the appeal is allowed in part.
The compensation is modified to Rs.5,10,000/- as against Rs.7,80,000/- awarded by the Tribunal.
Sd/- JUDGE ln.