IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.655 OF 2012 [MV] BETWEEN M/s.National Insurance Company Limited Branch Office P M Rao Road Bharath Building Mangalore Now represented by its Regional Office No.144, Shubharam Complex M G Road, Bangalore-560 001 Rep. by its Administrative Officer. ... Appellant [By Sri A M Venkatesh, Advocate] AND 1. Sri Poovappa s/o Appayya Poojary Aged about 77 years.
(as per order dtd:18.6.2014 Respondent Nos.2 to 4 are L.Rs. of the deceased R1) 2. Smt.Ramani, s/o Poovappa Aged about 67 years.
3. Smt.Shashikala d/o Poovappa Poojary.
4. Smt.Sarojini d/o Poovappa Poojary.
All are r/o Kanapadak House Krishnappa Maistry Compound Kankady Post, Mangalore-575001.
5. Sri Naveen Kumar @ Jessia Naveen Kumar s/oAlbert Bangera Aged about 46 years r/a Guddethota House Maguri, Kankady Mangalore-575001. ... Respondents [By Sri K Shashikanthprasad, Advocate for R2 to R4) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 28.2.2011 passed in MVC No.1618/2005 on the file of the 1st Additional Senior Civil Judge and CJM, Member, MACT, Mangalore, awarding the compensation of Rs.4,28,000/- with interest @ 6% p.a. from the date of petition till realization.
This MFA coming on for hearing this day, the Court delivered the following:
JUDGMENT This appeal is by the Insurance Company challenging the judgment and award dated 28.2.2011 passed in MVC No.1618/2005 on the file of the 1st Additional Senior Civil Judge and CJM, Member, MACT, Mangalore, wherein a total compensation of Rs.4,28,000/- with interest at 6% p.a. was awarded to the claimants for the death of one Umesh, in a road traffic accident which occurred on 29.1.2005 involving a scooter bearing Regn. No.KA-19/R- 5992.
2. It is the case of the claimants that the deceased viz. Umesh was traveling as pillion rider in a scooter bearing Regn. No.KA-19/R-5992 and the said scooter met with an accident on account of rash and negligent riding by its rider when he tried to overtake an autorickshaw, as a result of which, the deceased was thrown out on the road and sustained grievous injuries and thereafter died in the hospital on 30.1.2005 at 6.00 p.m. It is the further case of the claimants that at the time of accident, the deceased was aged about 29 years and he was earning a sum of Rs.3,000/- p.m. by doing cushion work and they also spent Rs.20,000/- towards funeral and obsequies ceremony and Rs.1,000/- towards transportation of dead body etc.
3. The claim petition was filed before the Tribunal under Section 163A of Motor Vehicles Act claiming a total compensation of Rs.4,36,500/-. Before the Tribunal, the claimant No.3 got examined as PW1. Exs.P1 to P9 were got marked. The petition was opposed by the Insurance Company. On behalf of the Insurance Company, Exs.R1 and R2 were got marked. The Tribunal after considering the evidence and material on record and taking monthly income of the deceased as on the date of accident as Rs.3,000/- p.m and after deducting 1/3rd towards personal expenses, awarded a sum of Rs.4,08,000/- towards loss of dependency and awarded another sum of Rs.20,000/- towards conventional heads. Hence, the Tribunal awarded a total compensation of Rs.4,28,000/- with interest at 6% p.a.
4. Learned counsel for the appellant/Insurance Company vehemently contended that the deceased being a bachelor, the Tribunal ought to have deducted 50% of the income and therefore the compensation awarded towards loss of dependency is on the higher side. It is further submitted that the Tribunal could not have awarded more than Rs.4,500/- under conventional heads as per Schedule II to Section 163A of the MV Act. Accordingly, learned counsel seeks to allow the appeal.
5. It is not disputed that the claim petition was filed under Section 163A of the MV Act. The age of the deceased is not seriously disputed as it is evident from the post mortem report marked at Ex.P5. The age of the deceased is shown as 29 years. It is also not disputed that the deceased was a bachelor at the time of accident. The contention of the learned counsel for the appellant that the Tribunal ought to have deducted 50% from the income of the deceased cannot be accepted. Hence, the compensation under the ‘head loss of dependency’, which is calculated after deducting 1/3rd of the income of the deceased towards personal expenses, arrived at 4,08,000/- is in accordance with law. However, the Tribunal has awarded a sum of Rs.20,000/- under other conventional heads as against Rs.4,500/- provided under Schedule II to Section 163A of the MV Act. The same requires to be interfered with. Accordingly, I pass the following:
ORDER The appeal is partly allowed.
The judgment and award dated 28.2.2011 passed in MVC No.1618/2005 on the file of the 1st Additional Senior Civil Judge and CJM, Member, MACT, Mangalore, is hereby modified.
The claimants are entitled for a total compensation of Rs.4,12,500/- instead of Rs.4,28,000/- with interest at 6% p.a. from the date of petition till its realization.
The Appellant/Insurance company shall deposit the amount, if not already deposited, within a period of four weeks from the date of receipt of a copy of this order.
The amount in deposit shall be transmitted to the Tribunal forthwith.
Sd/- JUDGE Bkm.