IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.651 OF 2013 (MV) Between:
1. Kemparaju S/o Gurappa, Aged about 41 years 2. Padma W/o Kemparaju, Aged about 37 years 3. Manjula D/o Kemparaju Aged about 16 years All are R/at Opp. Ganesh Temple, Venayakanagara, Sundekuppa Road, Nelamangala Taluk, Bangalore Rural District.
Since the Appellant No.3 is Minor Represented by her Father Kemparaju 1st Appellant. ... Appellants (By Sri. Shripad V Shastri, Advocate) And:
1. Somashekhar Biradar S/o P.Biradar, C.13, Medical College, Navanagar, Bagalkot District.
2. The Divisional Manager, The National Insurance Company Limited, Divisional Office-2, I Floor, Sathi Complex, Lalbhag, Mission Road, Bangalore. ... Respondents (By Sri. Ashok Kumar, Advocate for Sri. Narayanappa, Advocate for R2, R1- Notice dispensed with V/o dated 24.06.2015) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 25.10.2012 passed in MVC.No.1919/2011 on the file of the XVI Additional Judge, and MACT, CSC Bangalore, 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:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal at the consent of both the learned counsel.
Heard the learned counsel for the parties.
This appeal is preferred by the claimants seeking enhancement of compensation awarded by the Tribunal in MVC.No.1919/2011, wherein a total compensation of Rs.8,00,000/- with interest at the rate of 6% percent per annum was awarded to the claimants for the death of one Manjunatha, in a road traffic accident.
2. It is the case of the claimants that on 18.12.2010 at about 1.00 p.m., the deceased Manjunatha was proceeding as pedestrian from Nelamangala towards his house, at that time near Mathrushri Hospital on NH-14, Tumkur-Bengaluru service road, a car bearing Reg.no.KA29-M-5849, driven by its driver in a rash and negligent manner came from Tumkur towards Bengaluru and dashed against the deceased. He was immediately, shifted to Mathrushri hospital, wherein he was admitted and operated and thereafter shifted to B.G.S. Hospital at Kengeri. However, he succumbed to the injuries while taking treatment.
3. It is the further case of the claimants, that the deceased was aged about 19 years and he was doing coolie work and earning a sum of Rs.5,000/- per month and he was contributing the entire income for the welfare of his family. A total compensation of Rs.20,00,000/- was claimed before the Tribunal.
4. On behalf of the claimants PWs-1 and PW-2 were examined and twelve documents were marked as Ex.P.1 to Ex.P.12. The Tribunal after considering the evidence and material on record was pleased to award a total compensation of Rs.8,00,000/- with interest at 6 % per annum, from the date of petition till its payment.
5. It is the contention of the learned counsel appearing for the claimants that the claimants are the parents and younger sister of the deceased. Though, PW.1- father of the deceased has stated that the deceased was earning a sum of Rs.5,000/- per month, but the Tribunal erred in taking the income at Rs.3,500/- per month and therefore he submits that the loss of dependency arrived at by the Tribunal, without adding any additional amount for future prospects, is on the lower side. It is further submitted that the Tribunal has awarded a meager sum under the conventional heads and therefore seeks to allow the appeal by enhancing the compensation awarded.
6. Per contra learned counsel for the respondent No.2-Insurance Company would justify the total compensation awarded by the Tribunal contending that the same is based on the evidence and material on record and does not call for any interference.
7. The accident in question involving the car bearing Reg.No.KA29-M-5849, and the death of Manjunatha, on account of the accident is not in dispute. It is also not in dispute that the said vehicle was insured with respondent No.2 herein.
8. It is the contention of the learned counsel for the appellants that the deceased was earning a sum of Rs.5,000/- per month. PW.1 is the father of the deceased. He has deposed that the deceased was doing coolie work and earning a sum of Rs.5,000/- per month at the time of his death. Merely because there is no other evidence to substantiate the same, it cannot be said that the deceased was not doing any work and he was not earning. Tribunal has taken the income of the deceased at Rs.3,500/- per month to assess the loss of dependency. Considering the evidence of PW.1 and also considering that the accident is of the year 2010, the notional income of the deceased is assessed at Rs.5,000/- per month; the age of the deceased being 19 years, the appropriate multiplier is 18 and an additional 40% is required to be added towards future prospects and after deduction of 50% towards personal expenses, the total compensation to which the claimants are entitled under the head ‘Loss of income/ dependency’ will be Rs.7,56,000/- (3500 x 12 x 18). The claimants are entitled for a sum of Rs.40,000/- towards ‘loss of estate and transportation of dead body’. Further a sum of Rs.25,000/- each is awarded towards filial consortium in respect of parents and another Rs.20,000/- is awarded towards loss of love and affection in respect of claimant No.3 i.e., younger sister of the deceased. The compensation of Rs.4,55,000/- awarded under the medical expenses is unaltered and therefore the claimants are entitled for a total compensation of Rs.13,21,000/- as against Rs.8,00,000/- awarded by the Tribunal. Hence I pass the following:
ORDER The appeal is allowed in part.
The judgment and award dated 25.10.2012 passed in MVC No.1919/2011 on the file of MACT, Bangalore City SCCH-14 is hereby modified.
The appellants/claimants shall be awarded a compensation of Rs.13,21,000/- as against Rs.8,00,000/- awarded by the Tribunal.
Respondent No.2-Insurance Company shall deposit the compensation amount with interest at the rate of 6% per annum from the date of petition till deposit, within a period of four weeks from the date of receipt of a copy of this order.
Sd/- JUDGE rv