IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO M.F.A.No.1330/2009 BETWEEN:
National Insurance Co. Ltd., Branch Office, “Bindu”, Near Doomlight Circle, Kolar, Now represented by its Regional Manager, National Insurance Co. Ltd., Regional Office, Subharam Complex, 144, M.G.Road, Bangalore – 560 001. … APPELLANT (By Sri A.N.Krishnaswamy, Adv.) AND:
1. Smt. Gangarathnamma, W/o late Narasaiah @ Narasappa, Now aged about 30 years.
2. Muniraju, S/o late Narasaiah @ Narasappa, Now aged about 13 years.
3. Narasimha Murthy, S/o late Narasaiah @ Narasappa, Now aged about 11 years.
Respondent Nos.2 & 3 herien since minors represented by their natural guardian/mother the Respondent No.1 herein.
4. Sanjeevappa, S/o Gangappa, Now aged about 62 years.
All are residing at Vemagal village & post, Kolar Taluk & District. … RESPONDENTS (By Sri Nagesh.N., Adv. for Smt. Suguna R.Reddy, Adv. for R-1 to R-4;
Notice to R-5 is held sufficient vide order dt: 8.3.2013) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 20.08.2008 passed in M.V.C.No.10/2007 on the file of the Civil Judge (Sr.Dn.) & CJM, Kolar, awarding compensation of Rs.3,08,800/- with interest @ 6% per annum from the date of petition till payment.
This appeal coming on for Orders, this day, the Court delivered the following:
JUDGMENT 1. This appeal is directed against the judgment and award dated 20.08.2008 passed by the learned Civil Judge (Sr.Dn.) & CJM, Kolar, in M.V.C.No.10/2007.
2. The proceedings came to be initiated because of the accident that occurred on 10.05.2000 at about 7.10 a.m. near Anjaneyaswamy Temple on Palamaner-Chittoor MBT Road, due to the rash and negligent driving of the lorry bearing registration No.AP-04-T-007 which lost control and dashed against Gas Tanker which was coming from the opposite side. As a result of which, Narasaiah @ Narasappa sustained multiple grievous and fatal injuries and succumbed at the spot. The claim petition was preferred by his dependents consisting of wife, two children and his father.
3. The learned Judge adjudicated the matter by considering the loss of dependency, loss of estate, loss of consortium, loss of love and affection and funeral and obsequies, and allowed the petition in part, by awarding compensation in a total sum of Rs.3,08,800/- together with interest at 6% per annum from the date of petition till payment.
4. While computing the loss of dependency, the learned Judge took the monthly income of the deceased at Rs.80/- per day and calculated at Rs.2,400/- per month. After deducting 1/3rd of the amount towards personal expenses, the net income of the deceased is taken at Rs.1,600/- per month and at Rs.19,200/- per annum.
5. The dependents are, wife, two children and father.
The learned Judge ordered to pay compensation on pay and recovery basis i.e., amount to be paid by the Insurer and thereafter to be recovered from the owner of the vehicle.
6. Learned Counsel for the appellant would submit that there was no liability on the part of the Insurance Company. However, no corroborative evidence is submitted in the said connection. On the other hand, the judgment and award in so far as arriving on a finding of allowing the petition does not require interference.
7. However, the future prospects require to be considered while computing compensation under the head ‘loss of dependency’. If Rs.2,400/- is taken as the monthly income, the same works out to Rs.4,03,200/- (Rs.2,400/-
+ 40% of 2,400 = Rs.3,360. After deducting 1/3rd, it comes to Rs.3,360 = Rs.2,240 x 12 x 15).
8. In so far as the compensation awarded towards the head loss of consortium, the learned Judge has awarded Rs.10,000/-, which is meager. Therefore, the same is enhanced and fixed at Rs.70,000/-.
9. The compensation awarded under the other heads is just and fair and the same remains unaltered.
10. In the result, this appeal is dismissed. The judgment and award dated 20.08.2008 passed by the learned Civil Judge (Sr.Dn.) & CJM, Kolar, in M.V.C.No.10/2007 is modified. The amount of compensation payable to the claimant is enhanced and fixed at Rs.5,03,200/-. The Insurance Company is directed to deposit the same with interest within four weeks from the date of receipt of the copy of this judgment.
11. The amount in deposit shall be transmitted to the Trial Court.
Sd/-
JUDGE KK