IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.NO.1117 OF 2016 (MV-D) BETWEEN:
1. Smt. K. Sowbhagya @ Bhagyalakshmi, W/o Late Vivekananda Reddy, Aged about 27 years, 2. Kum Durga, D/o Late Vivekananda Reddy, Aged about 10 years, 3. Kum. Harika @ Shivamani D/o Late Vivekananda Reddy, Aged about 8 years, Appellant Nos.2 & 3 are minors Represented by their mother The Appellant No.1 as a Natural guardian.
4. Ramana Reddy Dead by LRs’ 5. Smt. K. Rathnamma, W/o Ramanna Reddy, Aged about 53 years, All are R/at No.744, 7th Main, 1st Cross, BEML Layout, Tubarahalli Post, Bangalore – 560 066. ... Appellants (By Sri. Vasanthappa, Advocate) AND:
1. Bajaj Allianz Gen Insurance Co.Ltd, No.31, TBR Towers, 1st Cross, New Mission Road, Near Stock Exchange, Bangalore – 560027.
2. Sri. Jayachandran.H.N, S/o Narayanappa, No.11/43, Kammavari Pette, Nalagalli, Hoskote, Bangalore Rural – 562114. ... Respondents (By Sri P.S.Jagadish, Advocate for Sri. P.B.Raju, Advocate for R1) This MFA is filed under Section 173(1) of MV Act against the Judgment and Award dated 18.02.2015 passed in MVC No.3219/13 on the file of the 18th Additional Judge, Court of Small Causes, Member, MACT-4, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for Admission, this day, the court delivered the following:
JUDGMENT The appellants are in appeal under Section 173(1) of the Motor Vehicles Act, not being satisfied with the quantum of compensation awarded under the judgment and award dated 18/02/2015 in M.V.C.No.3219/2013 on the file of the XVIII Additional Judge, Court of Small Causes, Member, MACT-4, Bangalore.
2. The claimants filed petition under Section 166 of Motor Vehicles Act, seeking compensation for the death of K.Vivekananda Reddy in a road traffic accident. It is stated that on 04/04/2013 at about 6:45 P.M., when the deceased was riding his motorcycle bearing Reg.No.KAP- 04-AN-1726, a Tempo Traveler bearing Reg.No.KA-53-A- 9479 came in a rash and negligent manner and dashed to the motorcycle of deceased, as a result he fell down and sustained grievous injuries. Due to grievous injuries he succumbed to the injuries. As on the date of death, he was aged about 30 years and it is claimed that the deceased was earning Rs.20,000/- per month.
3. On service of notice, respondent No.1- Insurance Company appeared before the Tribunal and filed its statement of objections denying the averments of the petition. It is stated that the driver of the offending vehicle was not holding a valid and effective licence as on the date of accident but issuance of policy was admitted by respondent No.1. The claimant No.1 examined herself as PW-1 and got marked documents Ex.P.1 to Ex.P.11. Respondent No.1-Insurance Company has not lead any evidence.
4. The Tribunal on assessment of the entire material on record both oral and documentary evidence, has awarded total compensation of Rs.14,27,000/- with interest at 6% p.a., taking Rs.6,000/- per month as income of the deceased. The claimants not being satisfied with the quantum of compensation awarded by the Tribunal are before this Court in this appeal.
5. Heard the learned counsel for the appellants and learned counsel for respondent No.1-Insurance Company. Perused the records.
6. Learned counsel for the appellants submit that the Tribunal has committed an error in taking only Rs.6,000/- per month as income of the deceased- K.Vivekananda Reddy, who was earning more than Rs.20,000/- per month from his business. Further he submits that the deceased had a licence to drive Heavy Transport Vehicle and he was a driver of water tanker. The accident is of the year 2013 and minimum Rs.8,000/- ought to have been taken as income of the deceased.
7. Per contra, learned counsel for respondent No.1-Insurance Company submits that the compensation awarded by the Tribunal is just and proper and needs no interference by this Court with the judgment and award.
8. The only question which arises for consideration in the facts and circumstances of the case, whether claimants are entitled for enhanced compensation. The accidental death of K.Vivekananda Reddy on 04/04/2013 involving motorcycle bearing Reg.No.KAP-04- AN-1726 and Tempo Traveler bearing Reg.No.KA-53-A- 9479 is not in dispute in this appeal. The claimants are seeking enhancement of compensation.
9. The claimants state that the deceased was aged about 30 years on the date of accident, he was earning more than Rs.20,000/- per month by doing business and he had licence to drive Heavy Transport Vehicle. But no material is produced to indicate the exact income of the deceased. In the absence of material to indicate exact income of the deceased, the income of the deceased is to be determined notionally. This Court and the Lok Adalath while determining the compensation in Motor Vehicles Accident cases is taking notional income for the accidents of the year 2013 at Rs.8,000/-. In the case on hand there is no document to indicate the exact income of the deceased, I deem it is appropriate to take Rs.8,000/- per month as notional income of the deceased for determination of the compensation. Thus, the claimants would be entitled for modified compensation as follows: Rs.8000+40%=11,200-1/4= 8,400x12x17=17,13,600 10. Further, the claimants are entitled for compensation of Rs.70,000/- on conventional heads, whereas Tribunal has granted only Rs.50,000/-. Thus the claimants would be entitled for a total compensation of Rs.17,83,600/- as against Rs.14,27,000/- awarded by the Tribunal. The deposited, apportionment and interest would be as ordered by the Tribunal.
Accordingly, appeal is allowed in part.
Sd/- JUDGE SMJ