IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.4297 OF 2014 (MV) BETWEEN:
MR.NONAYYA S/O RUKMAYYA, AGED ABOUT 70 YEARS, R/AT KALLIMAR HOUSE, BANDAAR VILLAGE, BELTHANGADY TALUK, PRESENTLY R/AT LAXMI NIVAS, 2ND CROSS, MAJLA, MANGALORE – 575 003.
(BY SRI.GURUPRASAD B.R., ADV.) AND:
1. IFFCO TOKYO GENERAL INSURANCE CO., LTD., 3RD FLOOR, LALBAGH TOWER, M.G. ROAD, MANGALORE – 575 001.
2. MR. KRISHNAPPA S/O KORAGAPA GOWDA, AGED ABOUT 33 YEARS, R/O KOTINOD HOUSE, BANDAAR VILLAGE, BELTHANGADY TALUK – 574 326 ... APPELLANT 3. MR. BENAPPA M.R.
M/S MURAMS OVERSEAS (P) LTD., PLOT 6, KIADB INDUSTRIAL AREA, BAIKAMPADY, MANGALORE-575 011 4. MR.PADMAYYA S/O NONAYYA, AGED ABOUT 39 YEARS 5. MR. HARISH S/O NONAYYA AGED ABOUT 33 YEARS 6. YASHODHA D/O NONAYYA, AGED ABOUT 29 YEARS 7. MEENAKSHI D/O. NONAYYA, AGED ABOUT 23 YEARS NO.4 TO 7 ARE R/AT KALLIMAR HOUSE, BANDAAR VILLAGE, BELTHANGADY TALUK, PRESENTLY R/AT LAXMI NIVAS, 2ND CROSS, MAJLA, MANGALORE – 575 003. ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R1;
NOTICE TO R2 TO R7 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.11.2013 PASSED IN MVC NO.1173/2009 ON THE FILE OF THE ADDITIONAL MACT & IV ADDL. DISTRICT JUDGE, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the death of the only breadwinner in the road traffic that took place on 11th June 2009, the father and the siblings made claim petition before the Motor Accident Claims Tribunal, Mangalore. The Tribunal, by its judgment and award dated 18th November 2013 passed in MVC No.1173 of 2009 awarded compensation of Rs.4,03,668/-. Being aggrieved by the compensation amount, the appellants are in this appeal, seeking enhancement.
2. The learned counsel for the appellant submits that though the appellants have stated in the claim petition that the deceased was earning Rs.6,000/- per month by serving as Sales Executive in Sunrise Agencies at Mangalore, the Tribunal has taken the monthly income at Rs.3,000/- which is very meager. He also submits the compensation awarded under other heads are also on the lower side and hence seeks to suitably enhance the compensation.
3. The learned counsel for the respondent-Insurer supports the award of the Tribunal and submits that there is no ground for interference in this appeal. Hence, he prays for dismissal of the appeal.
4. Heard the learned counsel for the parties. Gone through the judgment and award of the Tribunal. There is some force in the submission of the learned counsel for the appellant. PW3 the proprietor of the Agency where the deceased was working as Sales Executive has deposed that the deceased was working in his shop and getting a salary of Rs.6,000/- per month. He has also issued Exhibit P.15 the salary certificate. As no records have been produced with regard to his shop, the Tribunal has taken the income at Rs.3,000/- per month. I the facts and circumstance of the case and also considering the year of accident which is 2009, and also taking note of the fact that the deceased was looking after his aged father and two unmarried sisters, I am inclined to take the monthly income at Rs.5,000/-. Out of the same, since the deceased is a bachelor, 50% is to be deduced to his personal expenditure which comes to Rs.2,500/-. As per the judgment of Hon’ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED. V.
PRANAY SETHI reported in AIR 2017 SC 5157 deceased is entitled for 40% future prospects; and if the same is added it comes to Rs.3,500/-. Accordingly the compensation under the head loss of dependency would be Rs.3,500/- x 40% x 12 x 18 which comes to Rs.7,56,000/-. The same is awarded in place of Rs.3,24,000/- awarded by the Tribunal. Towards filial love Rs.40,000/- is awarded. Totally the enhanced compensation would be Rs.4,72,000/-. The same shall carry interest at the rate as is awarded by the Tribunal. The apportionment of the enhanced amount also shall be as per the award. Appeal is allowed in part.
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ACTING CHIEF JUSTICE lnn