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.695/2015 [MV] BETWEEN :
NINGAMMA W/O LATE THIPPESWAMY @ THIPPAIAH AGED ABOUT 61 YEARS R/O K H B COLONY, KELAGOTE CHITRADURGA – 577 501 ...APPELLANT (BY SRI SPOORTHY HEGDE, ADV.) AND :
1. M/S IFFCO TOKIO GEN. INSU. CO. LTD BY ITS BRANCH OFFICE PCA & RD BANK, NO.7/432 K B EXTENSION, LAWYER ROAD DAVANAGERE – 577 001.
2. RAGHUPATHI KRISHNAN.M S/O PALANISWAMY, MARIMUTTU AGED ABOUT 52 YEARS OWNER OF CAR KA-53-P-0858, NO.1277, 9TH CROSS 4TH MAIN, H V R, 4TH BLOCK BANGALORE – 560 040.
3. T RAMANNA S/O LATE THIPPESWAMY AGED ABOUT 45 YEARS 4. T NAGARAJA S/O THIPPESWAMY AGED ABOUT 35 YEARS K H B COLONY KELAGOTE, CHITRADURGA – 577 501 5. T.PARVATHAMMA W/O ONKARAMURTHY D/O LATE THIPPESWAMY 34 YEARS, K H B COLONY KELAGOTE, CHITRADURGA – 577 501 …RESPONDENTS (BY SRI.E.I.SANMATI , ADVOCATE FOR R2;
VIDE ORDER DATED 04.07.2016 NOTICE TO R2, R3, R4 & R5 IS DISPENSED WITH) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2014 PASSED IN MVC NO.656/2013 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, CJM AND MACT-III, CHITRADURGA, 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 appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 10.10.2014 passed by the Principal Senior Civil Judge, C.J.M. & MACT-III, Chitradurga in MVC No.656/2013.
2. The wife of the deceased has filed the petition claiming compensation for the death of the deceased on account of the accident occurred on 12.01.2013. The Tribunal has awarded a total compensation of Rs.5,35,000/-. The appellant has filed the appeal for enhancement of compensation.
3. The learned counsel for the appellant 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. Though the appellant claimed that deceased was earning Rs.10,000/- p.m. nothing is produced in proof of the same. The Tribunal has assessed his income at Rs.5,000/- p.m. for awarding compensation under the head of loss dependency, which is on the lower side. Considering the year of accident as 2013 and place of residence, I am inclined to assess a notional income at Rs.8,000/- p.m. and 1/3rd of the income is to be deducted towards personal expenses of the deceased. Hence, the claimant is entitled for Rs.5,76,000/- (1/3rd of Rs.8,000- Rs.2,666.66)(Rs.5,333.33X12X9) towards loss of dependency as against Rs.3,59,964/-.
6. The appellant is also entitled for additional sum of Rs.40,000/- under the conventional head and Rs.15,000/- is granted towards medical expenses.
7. Accordingly, the appeal is allowed in part.
The appellant is entitled for enhanced compensation of Rs.2,71,036/- 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 realization.
Sd/- JUDGE Nm