IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 :PRESENT:
THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. NO.10577 OF 2012 (MV) Between MD.Shabaz, S/o Sardar Pasha, Aged about 20 years, Since deceased, Represented by his next friend and father.
1. Sardar Pasha, S/o Khadar Pasha, Aged about 47 years.
2. Nasreen Taj, W/o Sardar Pasha, Aged about 41 years.
All are r/at No.8, 2nd Main, 1st Cross, Aji Kabir Ashram, MotiNagar, R.T.Nagar Post, Bengaluru – 32. … Appellants (By Sri.Mushtaq Ahmed, Advocate) And 1. Yogish, S/o Veerabrahamachari, Aged about 44 years, R/at No.18/1, 2nd Main, 2nd Cross, Maruthi Layout, Marenahalli, Vijaynagar, Bengaluru – 40.
2. Manjunath, S/o Muniraj, Aged about 29 years, R/at No.98/1, 1st Main, Rajeshwarinagar, Laggere, Bengaluru – 58.
3. Divisional Manager, Oriental Insurance Co. Ltd., No.70/5, Suvarna Tower, 1st Floor, Near Vijaynagar, BDA Complex, Govindarajanagara, Vijaynagar, Bengaluru – 40 Represented by its Manager. … Respondents (By Sri.A.N.Krishna Swamy, Advocate for R.3 and Notice to R.1 & R.2 is dispensed with v/o dated 22.11.2016) This appeal is filed under Section 173(1) of MV Act against the judgment and award dated 02.08.2012 passed in MVC No.5157/2011 on the file of the 14th Additional Judge, MACT, Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for admission this day, Acting Chief Justice delivered the following:
J U D G M E N T This appeal is by the claimants being dissatisfied with the judgment and award dated 02.08.2012 passed in MVC No.5157/2011 on the file of the 14th Additional Judge, MACT, Court of Small Causes, Bengaluru (hereinafter referred to as ‘Tribunal’ for short) seeking enhancement of compensation.
2. The Tribunal by its judgment and award has determined compensation of Rs.3,75,000/- with interest at 6% per annum from the date of petition till the date of deposit in favour of the claimants.
3. The brief facts leading to the case are that, on 15.02.2011 at about 6.00 a.m., the deceased Mohammed Shabaz, was travelling in the Tata Sumo vehicle bearing Reg.No.KA-03-B-524, who was coming from Bengaluru to Gulbarga, when the Tata Sumo No.KA-03-B-524 came near B.S.N.L. Tower, Shahapura Road, at that time, in a rash and negligent manner, so as to endanger human life on the wrong side and dashed to the Lorry bearing Reg. No.KA-32-A-9339. Due to impact, the deceased suffered severe head injuries. Immediately, the injured was taken to Government Hospital, Gulbarga and thereafter, shifted to Ganga Institute of Neuro Sciences and Trauma Care, Solapur and treated as an inpatient. On account of the injuries sustained in the road traffic accident, the appellants filed a claim petition under Section 166 of M.V. Act., before the Tribunal against the respondents claiming compensation.
4. The appellants/claimants filed claim petition seeking compensation for the death of their son in the road traffic accident. The Tribunal after going through the records and considering the rival submissions, has allowed the claim petition in part and awarded `3,75,000/- under different heads. The claimants being aggrieved by the compensation awarded by the Tribunal, has come before this Court in this appeal.
5. Learned Counsel for the claimants submits that, the deceased was hale and healthy. He was a bachelor. Further, he submits that compensation awarded under other heads is also on the lower side and Tribunal has assessed a meager income of Rs.4,000/- per month of the deceased and as such, he prays for enhancement of compensation and seeks to allow the appeal by enhancing the compensation.
6. Learned counsel for the respondent No.3 – Insurer has supported the judgment and award and sought for dismissal of the appeal.
7. I have heard the learned counsel on both sides and perused the records.
8. It is found that the claimants are the dependents of the deceased person. The deceased was aged about 20 years at the time of accident.
Claimants are parents of the deceased. The Tribunal selected income of the deceased at Rs.4,000/- per month and deducted 50% from awarded compensation amount of Rs.3,60,000/-. The multiplier has been taken on the age of the mother of the deceased instead of deceased person. The deceased was earning Rs.8,000/- per month and the same has been selected by the Tribunal. After deducting, it comes to Rs.4,000/- per month and it comes to Rs.48,000/- per annum. Under these circumstances, the notional income of Rs.8,000/- has to be taken and compensation has to be assessed. So far as multiplier is concerned, it has to be taken on the basis of age of the deceased, thereby multiplier applicable is 18. The calculation would be as under;
HEADS Rs.
Loss of dependency (4,000x12x18) 8,64,000-00 Conventional head 40,000-00 TOTAL 9,04,000-00 Therefore, the appeal is allowed in part. The claimants are entitled for compensation Rs.9,04,000/- as against Rs.3,75,000/- awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of realization. The impugned award is modified accordingly.
Draw the award, accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE NBM