IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR M.F.A.NO.84 OF 2017 BETWEEN:
1. PADMA @ PADMAMMA, W/O. LATE SAKEGOWDA, AGED ABOUT 46 YEARS, 2. DHARMA, S/O. LATE SAKEGOWDA, AGED ABOUT 27 YEARS, BOTH ARE R/O.CHIKKAKADANURU VILLAGE, HALLIMYSUORE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 201.
(BY SMT. SHARADAMBA.A.R, ADV.,) AND:
1. G. P. RAJASHEKAR, S/O. PUTTEGOWDA, MAJOR,NO.MIG-39, KUVEMPUNAGAR, 2ND STAGE, HASSAN-573 201.
2. GANESH,S/O. MALLIKARJUNA, MAJOR, R/O. BEECHANAHALLI VILLAGE, ... APPELLANTS HOLENARASIPUR TALUK, HASSAN DISTRICT-573 201.
3. THE MANAGER, THE RELIANCE GENERAL INSURANCE CO., LTD., KRUTHIKA ARCADE, 2ND FLOOR, N.R. CIRCLE, H.N. PURA ROAD, HASSAN-573 201.
(BY SRI. ASHOK N PATIL, ADV., FOR R3; NOTICE TO R2 IS D/W) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.12.2015 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND M.A.C.T., HOLENARASIPUR IN M.V.C.NO.1883/2013 ETC.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the matter is listed for orders, with the consent of both parties, the same is heard for final disposal.
2. The claimants are legal heirs of the deceased.
They have preferred this appeal, being not satisfied with the quantum of compensation awarded in the impugned judgment dated 22/12/2015 passed by the Senior Civil Judge and JMFC, MACT, Holenarasipur, seeking enhancement of compensation.
3. The factual matrix of this appeal are that on 21/07/2013 at about at about 11.30 a.m. at Hassan – Mysuru Road, near Chikkakadanuru Village, in front of the house of Annegowda, when the deceased Sakegowda was proceeding on the left side of the road, the driver of a Tempo Traveller bearing Reg.No.KA-13-A -6389, drove the same in a rash and negligent manner with high speed and dashed against him. Due to the impact, he sustained grievous injuries and died in the spot. Therefore, a claim petition was filed seeking compensation of Rs.10,00,000/- with interest at 18% p.a. from the date of petition till realization.
4. After service of notice, the owner of the offending vehicle as well as the insurer have filed their separate written statements and contested the claim petition. During the enquiry before the tribunal, the claimants have established the occurrence of the accident, actionable negligence on the part of the driver of the offending vehicle and its insurance coverage and the same has remained unchallenged either by the owner of the vehicle or by the insurer.
5.The tribunal, after evaluation of the oral and documentary evidence has held that the accident had occurred due to rash and negligence of the offending vehicle. Taking the income of the deceased at Rs. 5,000/- per month and after deducting 50% towards his personal expenses and since the deceased was aged 60 years, applied the multiplier ‘9’ and awarded total compensation of Rs. 3,95,000/- with interest at 9% per annum from the date of petition till the date of realization under the following heads.
Sl Headings Amount No Rs.
1 Towards loss of dependency Rs.2,70,000/-
2 Towards loss of consortium 3 Towards loss of love and affection Rs.25,000/- Rs.50,000/-
4 Towards loss of estate Rs.25,000/-
5 Towards funeral expenses Rs.25,000/-
Total Rs.3,95,000/-
6. The learned counsel for the appellant vehemently submitted that the tribunal was not justified in deducting 50% and further erred in assessing the income of the injured at Rs.5,000/- per month and that the compensation awarded towards loss of dependency and on conventional heads are on the lower side and prays for enhancement of compensation.
7. Per contra, the learned counsel appearing for the insurer submitted that the tribunal, on appreciation of the evidence/material on record has rightly assessed the income of the injured and awarded just and fair compensation, which does not call for interference and prays for dismissal of the appeal.
8. On careful evaluation of the evidence on record, it is seen that the claimants being dependents of the deceased and prior to his death, he was doing agricultural work and was earning a sum of Rs. 10,000/-
p.m. Having regard to the fact that the accident was of the year 2013, the income of the deceased has to be taken at Rs.8,000/- per month, out of which 1/3 is deducted and if 10 % is added, the income of the deceased would come to 6,33,636/- (Rs.5,867x12x9). The same is awarded towards loss of dependency. However, the compensation awarded by the tribunal under other heads is just and reasonable and does not call for interference.
9. Accordingly, the appeal is allowed in part. In modification of the impugned judgment and award dated 22/12/2015 passed by the Senior Civil Judge and JMFC, MACT, Holenarasipur, the compensation payable to the claimant is enhanced from Rs. 3,95,000/- to Rs.6,33,636/-. The enhanced compensation of Rs. 3,63,636/- shall carry interest at 6% per annum. However, the appellant is not entitled for interest during the period of delay on enhanced amount The Respondent-insurer shall deposit the enhanced compensation with interest before the tribunal within four weeks from the date of receipt of certified copy of this judgment. The compensation amount shall be apportioned in terms of the award on proper identification.
Office is directed to draw the decree accordingly.
Sd/- JUDGE Msu