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 MISCELLANEOUS FIRST APPEAL No.4100/2016 (MV) BETWEEN:
1. SMT.NIRMALA M W/O LATE NARASIMHALU MADISHETTY AGED 39 YEARS 2. KUM.SINDU KARTHIKYA D/O LATE NARASIMHALU MADISHETTY AGED 15 YEARS BOTH ARE R/AT NO.28-5-661 HOUSING BOARD, ANANTHPUR, ANDRAPRADESH - 01 PERMANENT ADDRESS NO.3/324, NAILAGUTTA STREET, NEAR THIKKARASAPPA TEMPLE, MANDALAM & TALUK, ANANTHPURAM DISTRICT (APPELLANT NO.2 IS MINOR REPRESENTED THROUGH APPELLANT NO.1 MOTHER) ... APPELLANTS (BY SRI. PRAKASH M H, ADV.) AND:
1. IFFCO TOKIO GEN. INS. CO. LTD. SRI SHANTHI TOWERS 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGAR, BANGALORE - 43 2. K SANDEEP KUMAR S/O KRISHNAPPA, MARALUBAGILU STREET, DEVANAHALLI TOWN, BANGALORE ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.02.2016 PASSED IN MVC NO.771/15 ON THE FILE OF THE 7TH ADDITIONAL JUDGE & 32ND ACMM, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Wife and daughter have filed claim petition for the death of the bread-winner in the motor vehicle accident on that occurred on 11th January 2015. The offending vehicle driven by its driver in a rash and negligent manner caused accident resulting in the death of the husband of the first claimant.
2. It is the case of the claim petitioners that the deceased was owning Tata Ace vehicle and he used to let the vehicle on hire basis and was earning income of Rs.20,000/- per month. The Tribunal framed issue, viz. whether the claimants prove that the deceased succumbed to Road Traffic Accident on 11th January 2015 due to rash and negligent driving of the offending vehicle and has answered the same in the affirmative.
3. In that view of the matter, the question would be to award the compensation under the head loss of dependency. It is the claim of the appellants that the deceased was owning Tata Ace vehicle and was earning Rs.20,000/- income per month, but to prove the same, no document as been produced. The appellants have produced Exhibits P9 and 10 i.e. Driving licence and Aadhar card. Those materials are useful to prove the avocation that the deceased was driver by profession. When the appellants have not produced the RC book of the vehicle to prove that the deceased was owning a vehicle and was earning Rs.20,000/- per month, the courts have to assess notional income by taking into account the year of accident. In the instant case, the accident is of the year 2015. For the accidents of the year 2015, this Court normally assesses the income at Rs.10,000/- per month. The claimants are wife and daughter, accordingly one third deduction is to be given. Accordingly, the calculation would be Rs.6,666/- x 12 x 13 which comes to Rs.10,39,896/- rounded off to Rs.10,40,000/- and the same is awarded under the head loss of dependency. Towards love and affection another Rs.50,000/- is awarded. Compensation awarded by the Tribunal under other heads remain undisturbed. Enhanced compensation carries interest at the rate as is awarded by the Tribunal. Apportionment shall be as per the award of the Tribunal.
Appeal is allowed in part.
Sd/- JUDGE lnn