IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 2495/2010 (MV) BETWEEN:
1.SMT. L JAYALAKSHMI W/O LATE H. GOVINDAPPA AGED ABOUT 34 YEARS 2.KUM. M.G. ASHARANI D/O LATE H. GOVINDAPPA AGED ABOUT 17 YEARS 3.MASTER M.G. ARUNKUMAR S/O LATE H. GOVINDAPPA AGED ABOUT 15 YEARS 4.KUM. M.G. SUDHARANI D/O LATE H. GOVINDAPPA AGED ABOUT 13 YEARS 5.SMT. LAKSHMAMMA W/O M.G. HANUMANTHAPPA AGED ABOUT 63 YEARS 6.M.G. HANUMANTHAPPA S/O LATE GOVINDAPPA AGED ABOUT 73 YEARS APPELLANT NOS.2 TO 4 ARE MINOR CHILDREN AND ARE REP BY MOTHER & NEXT FRIEND APPELLANT NO.1 -SMT. JAYALAKSHMI W/O LATE H. GOVINDAPPA ALL ARE R/O MARADIHALLI VILLAGE DODDAPATTANAGERE POST KADUR TALUK CHIKMAGALUR DISTRICT (BY SRI K N MOHAN, ADVOCATE) AND 1.H O MANJAPPA S/O OBALAPPA AGED ABOUT 31 YEARS OWNER OF GOODS AUTO NO.KA 18/8232, R/O HULLEHALLI VILLAGE, BIRUR POST KADUR TALUK, CHIKMAGALUR DISTRICT 2.BAJAJ ALLIANZ INSURANCE CO. LTD., NO.107, I FLOOR, CRYSTAL ARC., BALMATTA ROAD, MANGALORE-575 001 ... APPELLANTS ... RESPONDENTS (BY SRI A N KRISHNA SWAMY, ADVOCATE FOR R-2; NOTICE TO R-1 DISPENSED WITH V/O DT. 9.7.2013) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.11.2008 PASSED IN MVC NO.575/2006 ON THE FILE OF THE DISTRICT JUDGE AND PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, MACT-III, CHIKMAGALUR, 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 Heard learned counsel for the parties.
2. The only area which requires interference is deduction on the basis of number of dependants. The dependants are 6 in number. They are wife, minor children and parents of the deceased. As per the judgment of the Hon’ble Supreme Court in Sarala Verma & Others vs. Delhi Transport Corporation and Another ([2009]6 SCC 121), deduction should have been 1/4th whereas, the Tribunal has taken 1/3rd, which is an error of law and is contrary to the said judgment. If 1/4th is deducted, the loss of dependency comes to Rs.7,26,435/- (5,381x12x3/4x15). The said amount is awarded under the head ‘loss of dependency’ as against Rs.6,46,000/- awarded by the Tribunal. Further, under the conventional heads, Rs.70,000/- is awarded. Thus, the total compensation works out to Rs.7,96,435/-, which shall carry interest @ 6% p.a.
Accordingly, the appeal is allowed in part.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv