IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.4703/2017 (MV) Between:
M/s. Oriental Insurance Company Limited, Branch Office, 1st Floor, T.G.M.A, Building, J.C.Road, Tumakuru.
Now Represented by its Regional Office, No.44/45, Leo Shopping Complex, Residency Road, Bengaluru-560 001, Rep. by its Authorized Signatory. (By Sri A. M. Venkatesh, Advocate) And:
1. Smt. Puttamma, W/o. Late Krishnamurty, Aged about 52 years, 2. Sri. Ramesh M.K, S/o Late Krishnamurthy, Aged about 27 years, Both are R/at Mavinahalli Village, C. S. Pura Hobli, Gubbi Taluk-572 216.
…Appellant 3. Smt. Mumtaz Begum, W/o. Mohammed Eqbal, Aged about 48 years, R/o. Tanjavur Mohalla, Maddur Road, Kunigal Town, Tumakuru District-572 101. (RC Owner of vehicle Bus bearing No.KA-10/5152) …Respondents (By Sri G.S.Prasanna Kumar, Advocate for R1 and R2; Notice to R3 dispensed with vide order dtd:12.12.2017) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 04.03.2017 passed in MVC No.1545/2014 on the file of Additional Senior Civil Judge & Additional MACT, Gubbi, awarding compensation of Rs.10,44,500/- with interest at 9% per annum from the date of filing of the petition till the realization.
This appeal coming up for Orders this day, the court delivered the following:
JUDGMENT In view of submission made by the learned counsel for the appellant, notice to respondent No.3 is dispensed with at the risk of the appellant.
2. Appeal is filed by the Insurance Company challenging the judgment and award dated 04.03.2017 passed in MVC No.1545/2014 on the file of Additional Senior Civil Judge & Additional MACT, Gubbi, awarding compensation of Rs.10,44,500/- with interest at 9% per annum from the date of filing of the petition till the realization, on the ground of liability and quantum. Accident is of the year 2011.
3. The claimants are mother and younger brother of the deceased-Govindarjau, who died in the motor vehicle accident occurred on 24.09.2011 and hence, they made claim petition before the Tribunal seeking compensation. The Tribunal awarded compensation of Rs.10,44,500/-. Aggrieved by the said judgment and award, the appellant-Insurance Company has filed the present appeal.
4. The grounds urged by the appellant/ insurance Company is that the Tribunal has erred in assessing the income of the deceased and also calculating 30% towards future prospects, which is contrary to law. The compensation awarded by the Tribunal in all the heads is highly excessive and disproportionate to age, avocation and income of the deceased. Hence, the same is liable to be set-aside.
5. Per contra, learned counsel for the claimant/ respondents supports the order passed by the Tribunal and prays for dismissal of the appeal.
6. I have heard learned counsel for both sides and I have gone through the materials available on record.
7. During the course of arguments, learned counsel for both the parties have submitted that the parties have agreed to settle the matter with reduced compensation amount of Rs.7,54,000/- as against Rs.9,44,000/- awarded by the Tribunal under the head of loss of dependency. The said submission of the both the counsel is taken on record. As regards the quantum, taking into consideration year of accident and the income assessed by the Tribunal the compensation determined by the Tribunal is seems to be on the higher side. Hence, the same may be reduced as per the submissions made by the learned counsel for both the parties. The compensation awarded under other heads shall remain unaltered.
Accordingly, the appeal is allowed in part.
The judgment and award dated 04.03.2017 passed in MVC No.1545/2014 on the file of Additional Senior Civil Judge & Additional MACT, Gubbi, is hereby modified holding that the appellants are entitled to total compensation of Rs.7,94,000/- as against Rs.10,44,500/- awarded by the Claims Tribunal which shall carry interest at 9% p.a. from the date of petition till the date of realization.
Amount in deposit shall be transmitted to the Claims Tribunal.
Sd/- JUDGE DL