IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2017 BEFORE THE HON’BLE MR. JUSTICE B MANOHAR MFA.No.8786 OF 2015 (MV) BETWEEN:
1. SMT N VIJAYALAKSHMI W/O LATE GANGADHARAIAH AGED ABOUT 49 YEARS 2. SRILEKHA D/O LATE GANGADHARAIAH AGED ABOUT 28 YEARS 3. NISHANTH S/O LATE GANGADHARAIAH AGED ABOUT 25 YEARS 4. KEMPAIAH S/O LATE VARADAIAH AGED ABOUT 77 YEARS 5. SMT CHIKKAMMA W/O KEMPAIAH AGED ABOUT 67 YEARS ALL R/O 1ST MAIN, 6TH CROSS VINOBHA NAGAR, DAVANGERE-577001 (BY SMT SARITHA KULKARNI, ADV.,) AND:
1. GANGADHARA RAO S/O SHIVARAM RAO ... APPELLANTS AGE 58 YEARS OCC:DRIVER R/O NO.1663/21, 3RD MAIN, 6TH CROSS VINOBHA NAGAR, DAVANGERE-577001 2. J.P.DUSHANTH KUMAR S/O J.P.PANDU REDDY AGE:49 YEARS R/O 2ND MAIN, 11TH CROSS VINOBHA NAGAR, DAVANGERE-577001 3. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. BRANCH OFFICE, 273/13, 1ST FLOOR MALLIKARJUNA COMPLEX, PRAVASIMANDIRA ROAD DAVANGERE-577001 ... RESPONDENTS (BY SRI B.C.SEETHARAMA RAO, ADV., FOR R3; NOTICE TO R1 AND R2 IS D/W V.O.DT.7.11.2016) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.08.2015 PASSED IN MVC NO.533/2008 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT-5, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appellants are the claimants, being not satisfied with the quantum of compensation awarded in a judgment and award dated:07.08.2015 made in MVC No.533/2008 by First Additional Senior Civil Judge & MACT-V, Davanagere, (hereinafter referred to as ‘the tribunal’ for short) filed this appeal seeking for enhancement of compensation.
2. The appellants filed a claim petition contending that on 31.03.2008 at about 06:00 a.m., the deceased Gangadharaiah was walking on the left side of the road near Swimming Pool, Shabanur road, Davanagere. At that time, a motor cycle bearing registration No.KA-17/L-6547 ridden by its rider in a rash and negligent manner dashed against the pedestrian Gangadharaiah. Due to the impact, he fell down and sustained injuries all over the body. Immediately after the accident he succumbed to injuries on the way to the hospital on the very same day. In the claim petition, it was contended that the deceased was working as First Division Clerk in the Sessions Court Public Prosecutor Office, Davangere and drawing salary of Rs.14,275/- per month. Due to the road traffic accident, the deceased died and the family has lost bread earner. Hence, they sought for compensation of Rs.25,00,000/-.
3. Insurance company defended the case by filing written statement.
4. After trial, the tribunal held that due to the actionable negligence on the part of the rider of the motor cycle, the accident occurred and as the claimants are the dependents of the deceased they are entitled for compensation.
5. With regard to the quantum of compensation is concerned, the tribunal by taking income of the deceased at Rs.14,275/-, deducting Rs.150/- towards profession tax, applying multiplier of ‘11’ as he was aged about 52 years at the time of the accident and also deducting 1/4th of the income towards his personal expenses, awarded a compensation of Rs.13,98,375/- towards loss of dependency. Further, the tribunal has awarded a sum of Rs.10,000/- towards loss of consortium, a sum of Rs.10,000/- towards loss of estate, a sum of Rs.15,000/- towards loss of love and affection and a sum of Rs.10,000/- towards transportation charges and funeral expenses. In all, a sum of Rs.14,43,375/- with interest at 6% p.a., was awarded as compensation. Being not satisfied with the quantum of compensation, the claimants have preferred this appeal seeking for enhancement of compensation.
6. Smt Saritha Kulkarni, learned counsel for the appellants contends that a sum of Rs.10,000/- awarded towards loss of consortium is on the lower side. In view of judgment of Hon’ble Supreme Court in the case of ‘Rajesh and Others VS. Rajbir Singh and Others’ reported in 2013 [9] SCC 54, a sum of Rs.1,00,000/- shall be awarded towards ‘loss of consortium’.
7. On the other hand, Sri B.C.Seetharama Rao, learned counsel appearing for respondent No.3, argued in support of the judgment and award and prays for dismissal of the appeal as the compensation awarded by the tribunal is just and reasonable.
8. I have carefully considered the arguments addressed by the learned counsel for the parties and perused the judgment and award and oral and documentary evidence.
9. As submitted by the counsel for the appellants and in view of judgment of Hon’ble Supreme Court in the case of ‘Rajesh and Others VS. Rajbir Singh and Others’ reported in 2013 [9] SCC 54, it is just and reasonable to award a sum of Rs.90,000/- towards ‘loss of consortium’ as against Rs.10,000/- awarded by the Tribunal. Further, another sum of Rs.10,000/- is awarded towards ‘loss of love and affection’. It is contended that the claimants have spent a sum of Rs.50,000/- towards transportation of dead body and funeral expenses. A sum of Rs.10,000/- awarded by the tribunal under the above head is too meager. Hence, another sum of Rs.10,000/- is awarded towards transportation of dead body and funeral expenses. In all, the claimants are entitled to enhanced compensation of Rs.1,10,000/- with interest at 6% p.a., is awarded in addition to a sum of Rs.14,43,375/- awarded by the tribunal.
10. Accordingly, I pass the following:
ORDER The appeal is allowed in part. The judgment and award made in MVC No.533/2008 dated 07.08.2015 by First Additional Senior Civil Judge & MACT-V, Davanagere, is hereby modified and the appellants are entitled for enhanced compensation of Rs.1,10,000/- with interest at 6% p.a., in addition to a sum of Rs.14,43,375/- awarded by the tribunal.
SD/- JUDGE HJ