IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No. 4631/2015 [MV] BETWEEN :
THE NATIONAL INSURANCE COMPANY LTD., NEAR DOOM LIGHT CIRCLE, KOLAR – 563 101, REP. BY AUTHORISED SIGNATORY AT REGIONAL OFFICE, # 144, SHUBHARAM COMPLEX, M G ROAD, BANGALORE 560 001.
(BY SRI. SRISHAILA S., ADV.) AND :
1. SMT. VASANTHAMMA W/O T K CHANDRAPPA, AGED ABOUT 47 YEARS, 2. SRI. T K CHANDRAPPA, S/O LATE KRISHNAPPA, AGED ABOUT 52 YEARS, 3. K C SHASHIKALA, D/O T K CHANDRAPPA, AGED ABOUT 21 YEARS, ALL ARE R/AT CHINTAMAKALAPALLE VILLAGE AND POST, V. KOTA MANTAPAM, CHITTOOR DIST, ANDRA PRADESH.
...APPELLANT 4. BOGGARAM DIVAKAR MURALIKRISHNA, MAJOR, R/AT FLAT NO. 204, ESHWARI TOWERS, PRAKASH NAGAR, NARASARAOPET, GUNTUR DIST. ANDRAPRADESH PIN: 522 601.
…RESPONDENTS (BY SRI. GOPALAKRISHNA N., ADV. FOR R1 TO R3.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED: 12.02.2015 PASSED IN MVC NO. 445/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MEMBER MACT, KOLAR, C/C I ADDITIONAL DISTRICT JUDGE & MEMBER, MACT, KOLAR, AWARDING COMPENSTION OF RS. 8,85,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE REALIZATION.
THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is filed by the Insurance company challenging the Judgment and award dated 12.2.2015 passed in MVC No.445/2014 awarding compensation of Rs.8,85,000/-.
2. The deceased has succumbed to the injuries in a road accident that occurred on 01.09.2013 and has awarded compensation under all the heads to the claimants.
3. The learned counsel for the appellants submits that the compensation awarded by the Tribunal is on the higher side and the Tribunal has not taken proper income of the deceased and the Tribunal ought to have deducted 50% of the income towards personal expenses and should have applied multiplier 14 applicable to the age of the mother of deceased.
4. The learned counsel for the respondents sought to support the judgment and award passed by the Tribunal and requested to dismiss the appeal.
5. I have heard learned counsel for both the parties and perused the judgment and award passed by the Tribunal. It is seen, the Tribunal has observed that the deceased was hale and healthy at the time of his death. He was skilled bricks worker working under different employers and the deceased was earning Rs.12,000/- per month and the claimants were only depending upon the earnings of the deceased. The Tribunal while applying correct multiplier and taking the income of the deceased at Rs.7,500/- per month has awarded Rs.8,10,000/- towards loss of dependency which is just and proper. The Tribunal under other heads has awarded the compensation suitably which does not call for interference by this Court. The compensation awarded by the Tribunal is not on the higher side. Hence, this appeal filed by the Insurance Company is liable to be dismissed and accordingly it is dismissed.
Sd/- JUDGE Nm