IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.4015/2016 (MV) BETWEEN:
K C BHARATHI D/O CHANDREGOWDA, AGED ABOUT 25 YEARS, R/AT C HOSAHALLI VILLAGE, KASABA HOBLI, BELUR TALUK HASSAN DISTRICT – 573 201 ... APPELLANT (BY SRI.GIRISH B BALADARE, ADV.) AND:
1. THE MANAGER IFFCO TOKIO GENERAL INSURANCE CO., LTD., REGD. OFFICE IFFCO SADAM CI DISTRICT, CENTER, SS KET, NEW DELHI - 110017 REPRESENTED BY LOCAL BRANCH THE REGIONAL MANAGER, IFFCO TOKIO GENERAL INSURANCE CO., LTD., REGIONAL OFFICE, SHANTHI COMPLEX, NO.141 EAST N.G.E.F LAYOUT, KASTHURINAGAR, BANGALORE-560043 2. V.A.VISHWANATHA S/O ANJANAPPA, AGED ABOUT 39 YEARS, R/O NO.16, VAPPAHALLI VILLAGE, D.N.DODDI POST, MALUR TALUK, KOLARA DISTRICT – 563 101 ... RESPONDENTS (by SRI.S V HEGDE MULKHAND, ADV. FOR R1 ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.06.2015 PASSED IN MVC NO.1223/14 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Sister of the deceased made claim petition before the Motor Accident Claims Tribunal, Belur in MVC No.1223 of 2014 seeking compensation for the accidental death of her brother on 06th May 2014. The Tribunal, by order dated 05th June 2015 awarded compensation of Rs.6,52,000/-. Claimant stated that the deceased was aged about 29 years and by running bakery he was earning Rs.8,000/- per month. The learned counsel appearing for the appellant submits that the Tribunal disbelieved the same assessed the income at Rs.6,000/-. Hence, he seeks enhancement in the compensation.
2. The learned counsel for the respondent-Insurance Company submits to dismiss the appeal.
3. Heard the learned counsel for the parties and gone through the order. In some cases nature and avocation are such that the claimant would prove the same. In the cases of this nature where the income is not established by producing documentary evidence, notionally income should be assessed taking into consideration the year of accident, cost of living, number of dependents, price index, etc. this court assesses the income. In the instant case, the accident is of the year 2014. Accordingly the income, taking into considering the year of accident, is to be assessed at Rs.9,000/- per month. Since the claimant is the sister of the deceased and her dependency with the deceased is not established, this court assess the income at Rs.8,000/- per month. Accordingly the calculation would be Rs.8,000 x 12 x 17 x 50% which comes to Rs.8,16,000/-. The same is awarded in lieu of Rs.6,12,000/- under the head loss of dependency.
Under conventional heads, all put together another Rs.20,000/- is awarded. The compensation awarded under the head love and affection is retained. In total the enhanced amount would be Rs.2,24,000/-. The enhanced amount carries interest at the rate as is awarded by the Tribunal. The enhanced amount shall be kept in Fixed deposit in any of the Nationalised Bank of the choice of the Appellant for a period of five years. Appeal accordingly is allowed in part.
lnn Sd/- JUDGE