IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA MFA NO.4893/2014 (MV) BETWEEN 1. NAGAMMA W/O LATE SHANKAR AGED ABOUT 52 YEARS, 2. SRIDHARA S/O LATE SHANKAR AGED ABOUT 35 YEARS, 3. VEENA W/O BASAVARAJU AGED ABOUT 33 YEARS, 4. VANI W/O LATE DHANANJAYA AGED ABOUT 31 YEARS, 5. PRASHANTHA S/O LATE SHANKAR AGED ABOUT 28 YEARS, ALL ARE R/AT KARIMANTI STREET, PALAHALLI VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT.
(BY SRI. ABUBACKER SHAFI, ADV.) ... APPELLANTS AND 1. THAMMANNA S/O LATE LAKKAIAH AGED ABOUT 50 YEARS, D.NO.L 19/A, KHB COLONY, R.S.NAIDU NAGAR, MYSORE-570007 (DRIVER CUM OWNER OF THE CAR BEARING REG NO.KA-55-M190) 2. NATIONAL INSURANCE CO.LTD III FLOOR, 371-A, PRESTIGE SHOIPPING ARCADE, RAMASWAMY ARCADE, RAMASWAMY CIRCLE, MYSORE.
POLICY NO.602405/31/07/6100007284 VALID FROM 16.01.2008 TO 15.01.2009 ... RESPONDENTS (BY SRI A M VENKATESH FOR R2 SRI.SHIVAGONDAPPA S SULAPI, ADV. FOR R1 ) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 3.12.2010 PASSED IN MVC NO.317/2009 ON THE FILE OF THE VI ADDL. DISTRICT JUDGE & MACT, MYSORE, 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 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. For the sake of convenience, parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding death of deceased in a road traffic accident occurred on 23.10.2008 due to rash and negligent driving of the offending car bearing registration No.KA-55-M-190 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 quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
5. The claimants in support of their contention that deceased by doing milk vending business and working as mason was earning Rs.150/- and Rs.300/- per day respectively except examining the first claimant-wife of the deceased as PW-1 have not adduced any other evidence. Therefore, in the absence of proof of income, considering his age as 50 years, year of accident as 2008 and his avocation as daily wager, his income can be assessed at Rs.4,500/- per month including future prospects as against Rs.4000/- assessed by the Tribunal. The claimants are wife and 4 major children of deceased, therefore, 1/3rd of the income of deceased is to be deducted towards his personal expenses and remaining 2/3rd of his income is to be taken as his contribution to family. Multiplier of ‘13’ has to be applied based on his age group. Therefore, the ‘loss of dependency’ works out to Rs.4,68,000/- (4,500 x 2/3 x 13 x 12) and it is awarded as against Rs.4,16,000/- awarded by the Tribunal.
6. Further, a sum of Rs.40,000/- is awarded towards ‘loss of consortium’ in respect of first claimant, Rs.15,000/- is awarded towards ‘loss of estate in respect of other claimants’ and Rs.15,000/- is awarded towards ‘transportation of dead body and funeral expenses’ as per the decision of the Hon’ble Apex Court in the case of National Insurance Co. Ltd vs. Pranay Sethi and others.
7. The claimants have produced medical bills for Rs.2,10,000/-. The deceased was treated as inpatient for a period of 10 days at BGS Apollo Hospital. Considering the medicals bills produced and duration of treatment, a sum of Rs.2,20,000/- is awarded towards ‘medical and incidental expenses’ 8. Thus, the claimants are entitled for the following compensation:-
PARTICULARS Rs.
1 Loss of Dependency 4,68,000 2 Conventional Heads 70,000 3 Medical and incidental expenses 2,20,000 TOTAL 7,58,000 LESS: Compensation awarded by the Tribunal 6,40,000 BALANCE 1,18,000 9. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimants are entitled for an additional compensation of Rs.1,18,000/- with interest at 6% p.a. from the date of claim petition till the date of realization excluding interest for the delayed period of 844 days in filing the appeal.
10. 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 excluding interest for the delayed period of 844 days in filing the appeal.
11. From the additional compensation of Rs.1,18,000/-, Rs.1,00,000/- is ordered to be invested in fixed deposit in the name of claimant No.1-wife of the deceased in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of claimant No.1.
12. The Tribunal while releasing remaining 50% of the amount is also directed to issue the fixed deposit slips to the claimant, so as to enable the claimant to withdraw the fixed deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount on its maturity without insisting for any further order from the Tribunal.
No order as to costs.
Sd/- JUDGE DM