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.2479/2010 (MV) C/W MFA NO.2057/2010 (MV) MFA NO.2479/2010 BETWEEN:
1.SMT. LAKSHMI W/O LATE PONNASWAMY AGED ABOUT 42 YEARS 2.KUM. AMMU D/O LATE PONNASWAMY SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. LAKSHMI W/O LATE PONNASWAMY BOTH ARE R/AT UTTAM CHAND FARM VINAYAKANAGAR BUS STOP NEAR SHANIMAHATMA TEMPLE DODDA ALADAMARA MAIN ROAD BANGALORE-560 060 ... APPELLANTS (BY SRI T N VISWANATHA, ADVOCATE) AND:
1.M/S. ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.89, S.V.R COMPLEX HOSUR MAIN ROAD, MADIWALA BANGALORE-560 068 BY ITS MANAGER 2.SRI CHENNIGA S/O MUNIYAPPA, MAJOR R/AT BEEMANAKUPPE VILLAGE RAMOHALLI HOBLI BANGALORE-560 059 ... RESPONDENTS (BY SRI A M VENKATESH, ADVOCATE FOR R-1; R-2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2009 PASSED IN MVC NO.2581/2008 ON THE FILE OF THE JUDGE AND MEMBER-MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
MFA NO.2057/2010 BETWEEN:
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. NO.89, SVR COMPLEX HOSUR MAIN ROAD MADIVALA, BANGALORE-68 (BY SRI A M VENKATESH, ADVOCATE) AND 1.SMT. LAKSHMI W/O LATE POONASWAMY 41 YEARS 2.KUM. AMMU D/O LATE POONASWAMY (R-2 IS MINOR SINCE REP BY HER MOTHER AND NATURAL GUARDIAN SMT. LAKSHMI W/O LATE POONASWAMY) ... APPELLANT BOTH ARE R/AT UTTAM CHAND FARM VINAYAKANAGAR BUS STOP NEAR SHANIMAHATMA TEMPLE DODDA ALADAMARA MAIN ROAD BANGALORE-60 3.CHENNIGA S/O MUNIYAPPA BEEMANAKUPPE VILLAGE RAMOHALLI HOBLI BANGALORE-59 ... RESPONDENTS (BY SRI T N VISWANATH, ADVOCATE FOR R-1;
SRI D MALLIKARJUNA SWAMY, ADVOCATE FOR R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2009 PASSED IN MVC NO.2581/2008 ON THE FILE OF THE JUDGE AND MEMBER-MACT, BANGALORE, AWARDING A COMPENSATION OF RS.4,93,056/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE MFAs COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT MFA No.2479/2010 is filed by the claimants seeking enhancement of compensation and MFA No.2057/2010 is filed by the insurance company praying to set aside the order dated 25.11.2009 passed by the MACT, Bangalore, in MVC No.2581/2008.
2. In MFA No.2057/2010, the ground taken by the appellant –insurance company is that judgment of the Tribunal fastening liability on the insurance company is contrary to law and facts as the driver was not holding proper driving licence to drive the transport vehicle.
3. Learned counsel for the respondents/claimants submits that as per the judgment of the Hon’ble Supreme Court in Mukund Dewangan vs Oriental Insurance Company Limited ([2017]14 SCC 663), wherein it is held that there is no requirement to obtain separate endorsement to drive a transport vehicle as long as unladen weight of the vehicle remains the same. Hence, the ground taken by the appellant does not survive for consideration.
4. In view of the said judgment, we are of the opinion that judgment of the Tribunal fastening the liability on the insurance company is just and proper and the appeal filed by the insurance company is liable to be dismissed.
5. In MFA No.2479/2010, it is the case of the appellants –claimants that the accident occurred on 01.03.2008 and the monthly income of the deceased is taken at Rs.4,000/- as against Rs.6,000/- claimed by them and the compensation granted by the Tribunal is too meager.
6. The Tribunal has not assigned any reason for not considering the claimed monthly income of Rs.6,000/-. The accident occurred in the year 2008. In such cases, this Court has consistently taken the notional income at Rs.4,500/-. Therefore, notional income of Rs.4,500/- is required to be taken in this case too. Further, the Hon’ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED vs PRANAY SETHI AND OTHERS ([2017]16 SCC 680) has held that if the age of the deceased was between 40 to 50 years, an addition of 25% of the income should be taken for calculating the future prospects. If the same is applied to this case, it would be Rs.1,125/- (4500x25%) and if Rs.1,125/- is added to Rs.4,500/-, the monthly income would be Rs.5,625/-. If 1/3rd is deducted towards the personal expenses of the deceased and if 14 multiplier is applied, then the loss of dependency works out to Rs.6,30,000/- (5625x12x2/3x14). In addition to this, Rs.70,000/- is awarded under the conventional heads. Therefore, the total compensation works out to Rs.7,00,000/-.
7. In the result, MFA No.2057/2010 filed by the insurance company is dismissed. MFA No.2479/2010 filed by the claimants is allowed in part and the appellants are entitled for enhanced compensation of Rs.7,00,000/- as against Rs.4,93,056/- awarded by the Tribunal, which shall carry interest @6% p.a.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv