IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MFA No.6775 OF 2015 (MV) BETWEEN:
1. SMT. MADEVI, AGED ABOUT 36 YEARS, W/O. LATE B.N. SHEKAR, 2. YASHWANTH, AGED ABOUT 14 YEARS, S/O. LATE B.N. SHEKAR, APPELLANT NO.2 IS MINOR REPRESENTED BY NATURAL MINOR GUARDIAN MOTHER APPELLANT NO.1.
APPELLANTS NO.1 AND 2 ARE R/AT C/O. SHIVANNA, NEAR GRAMA BHARATHI HIGH SCHOOL, MYSORE – C.R. PATNA ROAD, K.R.PET TOWN AND TALUK, MANDYA DISTRICT – 571 812. ... APPELLANTS (BY SRI. P. NATARAJ, ADV.) AND 1. KARNATAKA GOVT., INSURANCE DEPARTMENT COURT ROAD, MANDYA – 571 401.
2. PUTTASWAMY, MAJOR, S/O. SIDDANAYAKA, R/AT GANIGARA BEEI, BAGURU ROAD, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116.
3. THE MAJOR OFFICE OF COMMANDING, M.T. WING, ASC CENTER, SOUTH BANGALORE, OLD 14877 – 560 007. ... RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, HCGP FOR R-1 NOTICE TO R-2 D/W. V/O. DATED 14.06.2017) * (SMT.H.R.ANITHA, CGC FOR R-3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.02.2014 PASSED IN MVC NO.36/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, K.R. PET, 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 For the death of B.N.Shekar in a motor vehicle accident, the appellants have made a claim for compensation before the Tribunal. The Tribunal granted a sum of Rs.7,09,880/- with interest. Dissatisfied with the sum awarded, the present appeal is filed.
2. The facts reveal that due to rash and negligent driving of Military Vehicle bearing registration No.02/D- 148776A, an accident occurred and B.N.Shekar, the husband of appellant No.1 and father of appellant No.2 * corrected vide chamber order dated 17.11.2017.
died due to the injuries sustained. His legal representatives being the wife and son made a claim for compensation.
3. The deceased was aged about 40 years at the time of his death in the accident. The claimants contended that the deceased was doing agriculture and also working as driver and earning Rs.15,000/- per month, but they have not produced any documents to establish the same. However, taking into consideration that the appellants are living in K.R.Pet town, reasonable amount has to be taken since living expenses is more and appellant No.1 has to look after herself and her minor son. Therefore, considering his age as 40 years and year of accident as 2007, his income can be assessed at Rs.7,000/- per month as against Rs.4,000/- assessed by the Tribunal. There are two claimants and therefore 1/3rd of the income of the deceased has to be deducted towards his personal expenses. Hence, income of deceased comes to Rs.4667/- i.e., after deducting 1/3rd from Rs.7,000/-. The multiplier applicable to his age group is ‘15’. Therefore, the ‘loss of dependency’ works out to Rs.8,40,060 /- (4,667 x 12 x 15) and it is awarded as against Rs.4,79,880/- awarded by the Tribunal. Hence, the claimants are entitled for an additional compensation of Rs.3,60,180/- (Rs.8,40,060 – Rs.4,79,880/-.
4. Further, compensation awarded by the Tribunal under other heads is just and proper and there is no scope for enhancement under these heads.
5. Thus, the appellants are entitled for an additional compensation of Rs.3,60,180/-.
6. Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The appellants are entitled for an additional compensation of Rs.3,60,180/- with interest at 6% p.a. from the date of claim petition till the date of realisation. The insurance company is directed to deposit the compensation within a period of eight weeks. The appellants are entitled to withdraw the same.
Sd/- JUDGE VM