IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.2569 of 2018 (MV) BETWEEN:
JAYALAKSHMAMMA W/O LATE SIDDALINGAIAH AGED ABOUT 45 YEARS, R/AT KEREMEGALAKOPPALU VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TQ., MANDYA DISTRICT – 571 438 (BY SRI.SREENIVASAN M.Y., ADV.) AND:
1. NAGA S/O CHANNAIAH, MAJOR R/AT BHEEMANAHALLI VILLAGE, ANASALE POST, MALAVALLI POST, MANDYA – 571 422 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INS. CO. LTD., NO.846, NEW KANTHARAJ ROAD, ABOVE KRISHNA BAKERY NEAR AKSHYA BHANDAR KUVEMPU NAGARA MYSORE-570 019 3. CHIKKASWAMY S/O CHIKKAIAH, MAJOR ... APPELLANT R/AT NO.419, RAMMANAHALLY RAMMANAHALLY BHAGASH, MYSORE – 570 022 4. THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., NO.55, 2ND FLOOR, MONARCH CHAMBERS INFANTRY ROAD, BANGALORE – 570 001 5. DIVISIONAL CONTROLLER OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND KSRTC K H DOUBLE ROAD, SHANTHINAGAR BANGALORE – 560 050 ... RESPONDENTS (BY SRI.E I SANMATHI, ADV. FOR R2;
NOTICE TO R1 & R3 TO R5 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.10.2017 PASSED IN MVC NO.1088/2015 ON THE FILE OF THE C/C OF PRINCIPAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the death of one Siddalingaiah in the road traffic accident that took place on 25th January 2015, the wife and the children made claim petition before the Motor Accident Claims Tribunal, Srirangapatna. The Tribunal, by its judgment and award dated 31st October 2017 passed in MVC No.1088 of 2015 awarded compensation of Rs.9,50,000/- with interest at 9% per annum from the date of filing of the petition till the date of deposit. The Tribunal has also observed that the four children who were the claimants were all majors and hence there is no loss of dependency; and awarded the compensation only in favour of the wife of the deceased. Being not satisfied with the compensation awarded, the wife is in appeal before this Court seeking enhancement in the compensation.
2. The learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal is on the lower side. He submits that though the claimant has claimed in the claim petition that the deceased was earning Rs.20,000/- per month by doing agriculture work and rearing cows and to fortify the same though the RTC have been produced, the Tribunal has committed an error in assessing the income at Rs.7,500/- per month. He further submits that the deduction given by the Tribunal at one-third is also an error committed. Hence, he seeks for enhancement of the compensation suitably.
3. The learned counsel appearing for the respondent- Insurer submits that the Tribunal has awarded just compensation by considering the oral evidence and documentary proof produced before it and there is no ground for interference. Hence, he prays for dismissal of the appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award passed by the Tribunal. The accident is not in dispute and the death of the husband of the appellant is also not in dispute. The claimant claim that the deceased was earning Rs.20,000/- by doing agriculture work and by rearing cows. It is also stated that the claimant has produced RTC in support of the same. Though RTC is produced, no document is produced as to holding of cows. In that view of the matter, the Tribunal has assessed the notional income. But the notional income has to be assessed based on the place of accident, place of residence, number of dependents, cost of living prevalent then, etc. In the instant case, the accident is of the year 2015. With relevance to the year of accident, this court consistently assess the income at Rs.9,000/- per month. Accordingly, the same is assessed in this case also. Further, as per the judgment of the NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI reported in (2017) 16 SCC 680 future prospects have to be added. If 25% future prospects is added to the monthly income, the total income would be Rs.12,600/-. Hence, the calculation under the head loss of dependency would be Rs.12,600/- x 12 x 13 x 2/3 comes to Rs.13,10,400/-. The same is awarded as against Rs.9,50,000/- awarded by the Tribunal. All put together, under the conventional heads an amount of Rs.70,000/- is awarded. Hence, the total enhanced compensation would be Rs.4,30,400/- which shall carry interest at the rate as is awarded by the Tribunal. Apportionment also shall be as per the award.
The appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn