IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.9735 OF 2012 [MV] BETWEEN 1. K Dharanappa Poojary s/o late Angara Poojary Aged about 52 years.
2. Smt.Rukmini w/o K Dharnappa Poojary Aged about 46 years r/a Meginakurthodi House Melanthabettu village Belthangady Taluk Dakshina Kannada District. ... Appellants [By Smt.S Naganandini, Adv. for G Jairaj & Associates] AND 1. Sri B Gangappa s/o Tappalan Erappa Aged about 56 years r/a No.10/2, 15th Ward Milla Pete, Bellary District.
2. United India Insurance Co. Ltd., Divisional Office Ramkrishna Complex 1st Floor, Raghavachary Road, Bellary-583101. ... Respondents [R1 – Notice dispensed v/c/o dated 24.7.2015, R2 - served) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 15.10.2011 passed in MVC No.450/2006 on the file of the Additional Senior Civil Judge, MACT, Puttur, sitting itinerate at Belthangady, D K, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for hearing this day, the Court delivered the following:
JUDGMENT Though the respondent No.2/Insurance Company is served, it has remained unrepresented.
2. I have heard the learned counsel for the appellants.
3. This appeal is preferred by the claimants seeking enhancement of compensation awarded by the Tribunal in MVC No.450/2006 on the file of the Additional Senior Civil Judge, MACT, Puttur, sitting at Belthangady, D K, wherein a total compensation of Rs.1,57,600/- together with interest at the rate of 6% p.a. was awarded for the death of a minor aged about 14 years, who died in a road traffic accident on 11.1.2006.
4. The appellants are the parents of the deceased.
It is their case that on 11.1.2006 at about 4.45 p.m, the deceased by name, Chethan Prakash, was proceeding towards his residence from Belthangady on his bicycle in Belthangady – Guruvayanakere route on the left side of the road, when he reached a place called Santhekatte, a jeep bearing Regn. No.KA-18/M-2759 driven by its driver in a high speed with rash and negligent manner dashed against the bicycle from back side, on account of which, the deceased fell down and sustained grievous injuries and shifted to Primary Health Centre, Belthangady and thereafter referred for better treatment to KMC Hospital, Mangalore and admitted as an inpatient. However, he succumbed to the injuries sustained by him 5. Claim petition was filed seeking compensation for the death of the deceased. Before the Tribunal, the claimants got examined PWs.1 to PW3 and got marked Exs.P1 to P7. The respondents got marked Ex.R1 – insurance policy.
6. The Tribunal after considering the evidence and material on record awarded a total compensation of Rs.1,57,600/- together with interest at 6% p.a and held that both the respondents are jointly and severally liable to pay the compensation.
7. The contention of the learned counsel for the appellants is that the Tribunal erred in taking the national income of Rs.15,000/- p.a. and deducting 1/3rd towards personal expenses and also erred in considering the age of the younger parents while adopting the multiplier. Learned counsel placed reliance on a decision reported in ‘(2014) 1 SCC 244’ in the case of ‘Kishan Gopal and another –vs- Lala and others’ and contended that the notional income in respect of a minor should be taken as Rs.30,000/- p.a. and no deduction could be made towards personal expenses. Accordingly, learned counsel prays to allow the appeal by enhancing the compensation awarded by the Tribunal.
8. The accident in question, the negligence on the part of the driver of the offending jeep bearing Regn.
No.KA-18/M-2759 and the liability fastened on the Insurance Company to pay the compensation are not disputed.
9. The deceased was a minor aged 14 years. The Tribunal has taken the notional income as Rs.15,000/-
p.a. and deducted 1/3rd towards personal expenses and considering the age of the mother, adopted the multiplier 15 and awarded a compensation of Rs.1,50,000/-. The Tribunal awarded another sum of Rs.2,600/- towards medical expenses and Rs.5,000/- towards love and affection as well as funeral expenses. Thus the Tribunal awarded a total compensation of Rs.1,57,600/-.
10. The Hon’ble Apex Court in the case of Kishan Gopal’s stated supra has held that in respect of the death of a minor aged 10 years, it is just and reasonable to take notional income of Rs.30,000/- p.a. Even in the present case, in view of the aforesaid decision of the Apex Court, it is just and proper to take the notional income of the deceased at Rs.30,000/-.
11. Further, the Tribunal has erred in taking the multiplier on the basis of the age of younger parent of the deceased. In view of the law laid down in the case of Kishan Gopal and another –vs- Lala and others, the appropriate multiplier is therefore 15. The claimants are thus entitled for a sum of Rs.4,50,000/-. An additional sum of Rs.50,000/- is awarded towards love and affection as well as funeral expenses. Hence, the claimants are entitled for a total compensation of Rs.5,00,000/- as against Rs.1,57,600/- awarded by the Tribunal. Hence, I pass the following:
ORDER Appeal is partly allowed.
The judgment and award dated 15.10.2011 passed in MVC No.450/2006 on the file of the Additional Senior Civil Judge, MACT, Puttur, sitting at Belthangady, D K, is hereby modified.
The appellants are entitled for a total compensation of Rs.5,00,000/- with interest at 6% p.a. from the date of petition till the date of realization.
The 2nd respondent/Insurance Company shall deposit the entire compensation amount within a period of four weeks from the date of receipt of copy of this judgment.
Sd/- JUDGE Bkm