IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE L.NARAYANA SWAMY M.F.A. NO. 1630/2016 (MV) BETWEEN:
THE ORIENTAL INSURANCE CO. LTD., PB NO. 7037 A-25/27, ASAF ALI ROAD, NEW DELHI.
BRANCH OFFICE AT THE ORIENTAL INSURANCE CO. LTD., VINAYAKA COMPLEX, 1ST CROSS, GARDEN AREA, SHIVAMOGGA TOWN 577 201.
REPRESENTED BY THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, 2ND FLOOR, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI – 580 020.
(BY SRI. RAJAGOPALAN R., ADV.) AND:
1. SMT. M. AKKAMMA @ AKKAMAHADEVI, W/O SHRI. T. MAHESHWARAPPA, AGED ABOUT 56 YEARS, HOUSEMAKER.
2. SHRI. T. MAHESHWARAPPA, S/O LATE SHRI. THIMMAPPA, AGED ABOUT 63 YEARS, AGRICULTURIST, … APPELLANT BOTH ARE R/AT CHANNAPANAHATTI VILLAGE, HOLALKERE TALUK.
NOW R/AT NARASHETTIHALLI VILLAGE, GARAG POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT 577 213.
3. SHRI. ANSON JHON GOVIOUS, S/O SHRI. BAJIL GOVIOUS, AGED ABOUT 34 YEARS, R/AT CARLTON, 12TH CROSS, 60 FEET ROAD, II STAGE, VINOBANAGAR, SHIVAMOGGA 577 204.
… RESPONDENTS (BY SRI. SIDDAMALLAPPA P.M., ADV. FOR R1 AND R2.
R-3 SERVED.) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2015 PASSED IN MVC NO. 13/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, CHANNAGIRI, AWARDING THE COMPENSATION OF RS. 15,32,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Being aggrieved by the impugned Judgment and award dated. 26.09.2015 passed by the Senior Civil Judge and MACT., Channagiri, in MVC. No. 13/2014, the insurer has preferred the present appeal seeking reduction in the compensation awarded by the Tribunal.
2. During enquiry before the Tribunal, the claimants-respondents-1 & 2 have established the occurrence of accident on 28.10.2012, involvement of the offending motorcycle bearing registration No.KA- 14-EA-7963, rash and negligent riding of its rider, its insurance coverage and death of their son namely M. Santhoshkumar, aged 30 years on 28.04.2013, due to fatal injuries sustained by him in the said accident.
3. Shri. R. Rajagopalan, learned counsel appearing for the appellant-insurer made two fold submissions. Firstly he contended that since the deceased was unmarried and the claimants are the aged father and mother, the Tribunal would have deducted 50% towards personal and living expenses of the deceased instead of 1/3rd. Secondly, he contended that the Tribunal committed an error in applying multiplier 17, with reference to the age of the deceased and that it ought to have considered the youngest age between the parents of the deceased to determine the compensation payable towards ‘loss of dependency’. On these two primary grounds, he prays for modification of the impugned judgment and to reduce the compensation.
4. On the other hand Shri.
Siddamallappa.P.M, learned counsel appearing for the contesting respondents-1 & 2 argued in support of the impugned Judgment.
5. Indisputably, the deceased M. Santhoshkumar, who was aged 30 years, was the only son and bread earner in the family of the claimants and the claim petition has been filed under Section-166 of the Motor Vehicle Act. The Tribunal, rightly applied the dictum of the Hon’ble Apex Court rendered in the case of Sarla Verma & others –vs- Delhi Transport Corporation & others reported in (2009) 6 Supreme Court Cases-121) and justified in determining the compensation payable towards ‘loss of dependency’. On meticulous evaluation of the impugned judgment, this Court does not find any error in the impugned Judgment and consequently, the appeal is liable to be dismissed, inasmuch as, the same is devoid of merit.
Accordingly, the appeal is dismissed. The amount in deposit before this Court shall be transmitted to the Tribunal forthwith.
Sd/-
JUDGE VR