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 M.F.A. No.2368/2015 [MV] BETWEEN :
1. NEELAMMA W/O LATE VEERESH AGED ABOUT 46 YEARS 2. MALLIKARJUNA S/O LATE VEERESH AGED ABOUT 27 YEARS 3. SOMASHEKAR S/O LATE VEERESH AGED ABOUT 25 YEARS ALL ARE R/O NO.46/2, 3RD FLOOR, 1ST ‘B’ CROSS, 21, ‘C' MAIN, MARENAHALLI, J.P.NAGAR, BANGALORE-560078 ...APPELLANTS (BY SRI B.PRAMOD, ADV.) AND :
1. S.VENKATESH S/O SUNDRAPPA OWNER OF MARUTHI OMNI, BEARING REGISTRATION KA-05-MH-4192 R/O 3376, BDA LAYOUT, KUMARASWAMY EXTENSION, BANGALORE-560058 2. THE BRANCH MANAGER IFFCO TOKIL GENERAL INSURANCE CO. LTD. BRANCH OFFICE, CUNNINGHAM ROAD, BANGALORE-560052 …RESPONDENTS (BY SRI B.PRADEEP, ADV. FOR R-2; R-1 SERVED.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2014 PASSED IN MVC NO.104/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellants have filed this appeal seeking enhancement of compensation against the Judgment and Award dated 06.11.2014 passed by the Senior Civil Judge and Addl. MACT at Hiriyur in MVC No.104/2013.
2. The LR’s of the deceased filed the petition claiming compensation for the death of the deceased- Veeresh on account of the accident occurred on 06.06.2012. The Tribunal has awarded a total compensation of Rs.11,78,600/-. The appellants have filed this appeal for enhancement of compensation.
3. The learned counsel for the appellants submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both the sides and perused the Judgment and Award passed by the Tribunal. It is claimed that the deceased was earning Rs.25,000/- p.m. They have examined PW.2- owner and salary certificate, have been produced as per Ex.P.34 to Ex.P.37. The Tribunal despite having proof of the income has assessed income of the deceased at Rs.13,800/- which is on the lower side. The Tribunal has not assigned any reason for taking the income of the deceased at Rs.13,800/-. Under these circumstances, I am inclined to take income of the deceased at Rs.15,000/- p.m. considering the salary certificate and other documents on record. 1/3rd is to be deducted towards personal expenses. Hence, the appellants are entitled for Rs.10,80,000/- ((Rs.15,000X2/3)X12X9) towards loss of dependency as against Rs.9,93,600/- awarded by the Tribunal. The compensation awarded under other heads is confirmed.
6. Accordingly, the appeal is allowed in part.
The appellants are entitled for an enhanced compensation of Rs.86,400/- in addition to the compensation awarded by the Tribunal. The enhanced compensation amount carries interest at 6% p.a. from the date of petition till the date of payment.
Sd/- JUDGE Nm