IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA MISCELLANEOUS FIRST APPEAL NO. 10089 OF 2013 BETWEEN:
1. Smt. Manjula W/o late N.S. Mahesh Aged about 36 years 2. Kum. Likitha N.M. D/o late N.S. Mahesh Aged about 12 years 3. Kum. Harshitha N.M. D/o late N.S. Mahesh Aged about 9 years 4. Smt. Dhanamma W/o late Subramani Aged about 62 years (Appellants 2 & 3 are minors rep. by their mother and natural guardian Smt. Manjula the 1st appellant herein) All are r/o No.1253, 2nd cross Behind Govt. Junior College Varthur Bangalore 560087 (By Sri. Gurudev Prasad K.T., Adv.) ... Appellants AND 1. Royal Sundaram Alliance Insurance Co. Ltd No.132, 2nd floor, Mangalya Punarbhava Brigade Road Bangalore 560025 2. Mr. M. Liyakath Ali Khan S/o O. Mahaboob Khan No.8/5, North Majeeth Street, Omalur Salem Tamilnadu 636001 ... Respondents (By Sri. Ravi S Samprathi., Advocate for R1 R2- Served) MFA filed U/s 173(1) of MV Act against the Judgment and Award dated: 14.6.2013 passed in MVC No.3998/2012 on the file of the 17th Additional Judge, Court of small Causes, MACT, Mayo Hall Unit, Bangalore, 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:
JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of the learned counsels appearing for the parties, the appeal is heard and disposed of finally. Perused the judgment and award passed by the Tribunal.
3. As there is no dispute regarding death of one N.S. Mahesh in a road traffic accident, occurred on 07/05/2012 due to rash and negligent driving of a lorry bearing registration No.TN-30-X-888 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
“Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
4. After hearing learned counsels for the parties and perusal of judgment and award passed by the Tribunal, this court is of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.
5. The claimants in support of their contention that deceased by working as Manager at Mitra Travels Car Rental Service, Bangalore a Transport Agency was earning Rs.16,500/- per month have examined the first claimant i.e., the wife of deceased as PW.1 and the alleged employer of the deceased by name R.Mohan examined as PW.2. Whereas PW.2 has not produced any documents to show that the deceased was working as Manager at Mitra Travels Car Rental Service, Bangalore, nor has he produced wage registry or document to show that deceased was getting salary of Rs.16,500/- p.m. from the said transport agency. Therefore, in the absence of the proof of avocation and income of deceased, considering the age of the deceased as 39 years and the year of accident as 2012 and his avocation as daily wager, his income is assessed at Rs. 7,000/- per month as against Rs.6,000/- per month, assessed by the Tribunal. Multiplier of ‘15’ applied by the Tribunal based on the age of deceased is sound and proper. The claimants are, wife, two children and mother of deceased and they are 4 in number, therefore the Tribunal was justified in deducting 1/4th of the income of the deceased towards his personal expenses and taking remaining 3/4th of the income as his contribution towards family. Therefore, the ‘loss of dependency’ works out to Rs.9,45,000/- (7,000 x 3/4 x 15 x 12) and it is awarded as against Rs.8,10,000/- awarded by the Tribunal.
6. Further, a sum of Rs.40,000/- is awarded under the head ‘loss of consortium’, in respect of first claimant, Rs.15,000/- is awarded under the head ‘loss of estate’ in respect of other claimants and Rs.15,000/- is awarded under the head ‘funeral expenses’- in all Rs.70,000/- is awarded under ‘conventional heads’. Thus the compensation awarded by the Tribunal is re- assessed as under,
7. Accordingly, the appeal is allowed-in-part.
The judgment and award dated 14.6.2013 passed in by the 17th Additional Judge, Court of small Causes, MACT, Mayo Hall Unit, Bangalore in MVC No. 3998/2012, stands modified. The claimants are entitled for an additional compensation of Rs. 1,65,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
8. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment.
9. Deposit and release of additional compensation among the claimants shall be in the ratio of the award of the Tribunal.
No order as to costs.
Sd/- JUDGE AKV