IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.8408 of 2012 (MV) BETWEEN:
1. MRS.LAKSHMINARASAMMA W/O LATE NARASIMHAPPA, AGED ABOUT 47 YEARS 2. MISS.VIJAYAMMA D/O LATE NARASIMHAPPA, AGED ABOUT 20 YEARS 3. LAKSHMIPATHI S/O LATE NARASIMHAPPA, AGED ABOUT 18 YEARS ALL APPELLANTS ARE R/AT RAMAPURA VILLAGE & POST, HOSUR HOBLI, GOWRIBIDANUR TALUK, CHICKBALLAPURA DISTRICT ... APPELLANTS (BY SRI.M.R.KUMARA SWAMY, ADV.) AND:
1. M/S.AHLUWALIA CONTRACTS INDIA LTD., NO B-4/205,SAFDARJUND ENCLAVE, NEW DELHI – 110 029 2. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., 3RD FLOOR,3RD BLOCK, NO 8, CUNNINGHAM ROAD, BANGALORE – 560 052 ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.05.2011 PASSED IN MVC NO.5384/2010 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSE JUDGE, AND XXI A.C.M.M., MACT, COURT OF SMALL CAUSES, 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:
J U D G M E N T For the death of the breadwinner of the family in the road traffic accident that took place on 07th July, 2010, the mother and siblings of the deceased made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal by its judgment and award dated 02nd May 2011 passed in MVC No.5384 of 2010 awarded compensation of Rs.3,09,000/- with 6% interest per annum. Being aggrieved by the compensation amount, the appellants are in this appeal, seeking enhancement.
2. The learned counsel for the appellant-claimants submits that the multiplier taken by the Tribunal is in an error and according to the age of the deceased the applicable multiplier would be 18. He further submits that the when the claimant has claimed that he was earning Rs.5,000/- plus batta per month by doing loading work, the same is disbelieved by the Tribunal and has taken the income at Rs.4,000/- per month which is on the lower side. Hence submits to suitably enhance the compensation.
3. The learned counsel for the respondent-Insurance supports the award and submits to dismiss the appeal. He submits that the Tribunal, after considering the oral and documentary evidence, has awarded just compensation and there is no ground for interference in this appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award passed by the Tribunal. PW2 who is the mother of the deceased has deposed in her evidence that her son was working as a loader and earning an income of Rs.5,000/- per month and also batta. Though the agony of losing a young son, that too by a widowed mother, cannot be compensated by any amount, but by considering the fact that the accident is of the year 2010 and also the fact that the deceased was looking after the family consisting of four members including, the income need to be taken at Rs.5,500/- per month. Since the deceased was bachelor, the deduction at 50% is to be given for his personal expenditure and if that is given, the monthly income would come to Rs.2,750/-. As the age of the deceased at the time of accident the applicable multiplier would be 18 and the same is to be taken for calculation. Accordingly, the calculation under the head loss of dependency would be Rs.2,750/- x 12 x 18 which comes to Rs.5,94,000/-. The same is awarded in lieu of Rs.2,64,000/- awarded by the Tribunal. Under conventional heads additional amount of Rs.25,000/- is awarded. In total the enhanced compensation would be Rs.3,55,000/-. The interest for eight years would come to Rs.1,84,600/- and the total compensation comes to Rs.5,39,600/- which is rounded off to Rs.5,40,000/-. The apportionment of the enhanced amount shall be as per the award of the Tribunal. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn