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.6534 OF 2012 (MV) BETWEEN:
1. MUCHIA DEHURI S/O HARIHAR DEHURI AGED 57 YEARS 2. MRS. LABANGO LATHA W/O MUCHIA DUHURI AGED 52 YEARS BOTH ARE RESIDING AT C/O MUNIRAJU BUILDING CHANNASANDRA VILLAGE, KADUGODI POST, WHITEFIELD, BANGALORE – 560 067 ... APPELLANTS (BY SRI.MUNIYAPPA D NAVEEN, ADV.) AND:
1. SEENAPPA S/O POJARABBAIAH RAJA KRISHANAPURA VILLAGE MALUR, KOLAR DISTRICT 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD. REPRESENTED BY ITS MANAGER, 1ST FLOOR, SNR ARACADE, AYAPPA TEMPLE ROAD, JALAHALLI CROSS, PEENYA, BANGALORE – 560 057 ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; NOTICE TO R1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.03.2012 PASSED IN MVC NO.5844/2010 ON THE FILE OF THE V ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BANGALORE, 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 son in the motor vehicle accident that took place on 19th June, 2010 the parents made claim petition before the Motor Accident Claikms Tribunal, Bangalore. The Tribunal, by its judgment and award dated 22nd March, 2012 passed in MVC No.5844 of 2010 awarded compensation of Rs.2,74,000/- with interest at 6% per annum.
2. The only ground taken by the learned counsel is that the deceased was aged 29 years as on the date of accident he was hale and healthy and was working at Group-4 Security Pvt. Ltd. and was earning Rs.7,000/- per month and the appellants have lost their son.
3. Heard the learned counsel for the appellant. The accident is not in dispute and the death of the son of the petitioners in the accident, is also not in dispute. The accident is of the year 2010. The deceased was aged 29 at the time of accident and was looking after the parents including himself. In that view of the matter, the income of the deceased shall be taken at Rs.7,000/- per month. The appellant is also entitled for future prospects at 40%. Accordingly, the calculation under the head loss of dependency would be Rs.7,000/- x 40% x 12 x 17 which comes to Rs.9,99,600/- the same is awarded in place of Rs.2,34,000/- awarded by the Tribunal. Accordingly, the enhanced compensation would be Rs.7,65,600 which is rounded of to Rs.7,66,000/-. It is made clear that the enhanced compensation carries interest at the rate as is awarded by the Tribunal. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn