IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.3538/2015 (MV) BETWEEN:
1. LAKSMI W/O LATE MAHADEVASHETTY @ MAHADEVA, AGED 37 YEARS 2. M SOWMYA D/O LATE MAHADEVASHETTY @ MAHADEVA AGED 20 YEARS 3. KUMARA S/O LATE MAHADEVASHETTY @ MAHADEVA, AGED 19 YEARS 4. KEMPAMMA W/O LATE MINNAIAH SHETTY, AGED 56 YEARS ALL ARE R/AT DASARAGUPPE VILLAGE, K SHETTIHALLI HOBLI, SRIRANGAPATNA TQ, MANDYA DIST.- 571 438 ... APPELLANTS (BY SRI.SREENIVASAN M Y, ADV.) AND:
1. JAVAREGOWDA S/O BOREGOWDA, R/AT BELAGOLA VILLAGE, SRIRANGAPATNA TQ, MANDYA DISTRICT – 571 439 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.846, NEW KANTHARJE URS ROAD, NEAR AKSHAYA BANDARA, MYSORE – 570 010 ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.01.2015 PASSED IN MVC NO.467/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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:-
J U D G M E N T Deceased who succumbed to the Road Traffic accident on 28th March 2014. Claimants who are the wife and children of the deceased made claim petition before the Motor Accident Claims Tribunal, Srirangapatna. The Tribunal by its award dated 02nd January 2015 passed in MVC No.467 of 2014 awarded compensation of Rs.9,74,000/-. The claimant states that the deceased was working as mason and was earning Rs.20,000/- per month. But the Tribunal disbelieved the same since the claimants have filed to prove the income of the deceased. The learned counsel appearing for the claimants submit that the nature of avocation of the deceased is such that it is not possible to prove the income. However, the Tribunal, has not assigned any reasons as to why it has disbelieved or rejected the claim of the claimants regarding the income. Hence, the learned counsel submits to enhance the compensation suitably.
2. The learned counsel appearing for the respondent- Insurance Company supports the order of the Tribunal and submits to dismiss the appeal.
3. Heard the learned counsel for the parties. In the cases of this nature, the claimants who are the legal representatives of the deceased have not proved the income of the deceased by producing necessary documents or evidence, the courts have to assess the notional income. But failing to prove the income by the claimants shall not be a ground to reject the just compensation or to assess the lower income without assigning reasons. The notional income has to be assessed taking into consideration the year of accident, place of residence of the victim, cost of living, number of dependents and the price index, etc. In the present case, considering the year of accident, which is 2014, the income of the deceased is to be assessed at Rs.9,000/- per month and the same is assessed. Hence, the calculation would be Rs.9,000/- x ¼ x 12 x 14 which comes to Rs.11,34,000/-. the same is awarded under the head loss of dependency as against Rs.8,74,000/- awarded by the Tribunal. Towards consortium another Rs.75,000/- is awarded. The amount awarded towards love and affection is retained. Towards funeral and other expenses Rs.25,000/- is awarded in addition to what has been awarded by the Tribunal. In all, the enhanced compensation would be Rs.3,60,000/-. The enhanced amount carries interest at the rate as is awarded by the Tribunal.
Appeal is allowed in part.
lnn Sd/- JUDGE