IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.4057/2015(MV) BETWEEN:
1. NARASAMMA 46 YEARS W/O LATE NARAPPA 2. ASWATHAMMA 29 YEARS D/O LATE NARAPPA 3. M.MUTHANNA 27 YEARS S/O LATE NARAPPA 4. NARASIMHAMURTHY 24 YEARS S/O LATE NARAPPA ALL ARE R/O GUDIROPPA COLONY KASABA HOBLI, MADHUGIRI TALUK – 572 132 TUMKUR DISTRICT ... APPELLANTS (BY SRI.PATEL D KARE GOWDA, ADV.) AND:
1. R M VIJAYAKUMAR AGED ABOUT 51 YEARS S/O S.MALLASHETTAPPA R/AT NEAR STATE BANK OF MYSORE SIRA GATE, TUMKUR – 572 101 2. IFFCO - TOKIO GENERAL INSURANCE CO. LTD. NO.2262, 7TH B MAIN, III STAGE, NEAR YELAHANKA NEW TOWN BUS STAND, BENGALURU – 560 106 BY ITS MANAGER ... RESPONDENTS (BY SRI.D S SRIDHAR, ADV. FOR R2; R-1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.03.2015 PASSED IN MVC NO.46/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XIII, AT MADHUGIRI, 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:-
J U D G M E N T The claimants are wife and children of the deceased who succumbed to the accident that took place on 22nd December 2013. The claimants made claim before the Motor Accident Claims Tribunal, Madhugiri seeking compensation. The Tribunal has awarded a compensation of Rs.8,19,450/-.
2. The learned counsel for the claimants submits that the deceased was aged 48 at the time of death and was working as a coolie. The claim is that the deceased was earning Rs.10,000/- per month. The Tribunal has disbelieved the claim of the claimants and assessed the income of the deceased at Rs.4,500/- per month which is on the lower side. Hence, seeks to enhance the compensation suitably.
2. The learned counsel appearing for the respondent- Insurance Company supports the award of the Tribunal and submits to dismiss the appeal.
3. Heard the learned counsel for the parties and gone through the lower court records. It is found that the deceased died at the age of 48. Considering the age of the deceased and the size of the family, I am inclined to assess the income of the deceased at Rs.8,000/- per month. Appellants No.2, 3 and 4 are majors and not dependents. The only dependent would be the wife of the deceased would be entitled for compensation as per the judgment of Hon'ble Supreme Court in the case of SARLA VERMA & OTHERS v. DELHI TRANSPORT CORPORATION - (2009) 6 SCC 121. Accordingly, the calculation under the head loss of dependency would be Rs.8,000/- x 1/3 x 12 x 13 which comes to Rs.8,32,104/-. The same is awarded as against Rs.6,84,450/- awarded by the Tribunal.
4. The amount awarded under the heads remain undisturbed. Enhanced amount carries interest at the rate as is awarded by the Tribunal. Insurance is directed to satisfy the award.
Appeal is partly allowed.
lnn Sd/-
JUDGE