IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA M.F.A.No.3959/2010 (MVC) BETWEEN:
1. PARASAPPA S/O HANUMAPPA UKKADAGATRI AGED ABOUT 30 YEARS R/O MALALAHALLI VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT 2. RAVI S/O HANUMAPPA UKKADAGATRI AGED ABOUT 23 YEARS ITI STUDENT, KCV COLLEGE R/O MALALAHALLI VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT ...APPELLANTS (BY SRI. A.HANUMANTHAPPA, ADV.) AND:
1. JAYAPPA S/O HANUMANTHAPPA GONIGERE AGED ABOUT 38 YEARS AGRICULTURIST R/O THADAKANAHALLI VILLAGE HIREKERUR TALUK HAVERI DISTRICT (DRIVER OF THE MOTOR BIKE BEARING REG.NO.KA-17-H-890) 2. ANNAPPA S.T S/O SOMAPPA NAIK R/O HIREGONIGERE VILLAGE HONNALI TALUK DAVANAGERE DISTRICT (OWNER OF THE MOTORBIKE BEARING REG.NO.KA-17-H-890) 3. THE MANAGER NATIONAL INSURANCE CO. LTD 1ST FLOOR, SS COMPLEX ABOVE HARSHA SHOP B.H. ROAD SHIMOGA ...RESPONDENTS (BY SMT. PADMA S UTTUR, ADVOCATE FOR SRI.ASHOK N PATIL, ADVOCATE FOR R3; VIDE ORDER DATED 24.06.2013 NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.10.2009 PASSED IN MVC NO.662/2008 ON THE FILE OF THE CIVIL JUDGE (SR.DN), MACT, HARIHARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is directed against the Judgment and order passed by Motor Accidents Claim Tribunal, Harihar, (‘Tribunal’ for short) in MVC No.662/2008.
2. The facts in brief are that the claimants are the children of the deceased Hanumanthappa, who died in the road traffic accident which occurred on 12.6.2008. The claimants approached the Tribunal seeking compensation for the death of Hanumanthappa, alleging actionable negligence on the part of the driver of the vehicle bearing registration No.KA.17/X/890 duly insured with the insurer- respondent No.3 herein.
3. On service of summons, the insurer appeared and contested the claim. The Tribunal after appreciating the evidence on record awarded a total compensation of Rs.2,36,000/- with interest at 6% p.a. from the date of the petition till its realization.
4. Heard the learned counsel appearing for the parties and perused the material on record. The factum of accident and the death of the victim Sri Hanumanthappa is not in dispute. The deceased was aged about 60 years at the time of the accident. It was contended that the deceased was earning Rs.15,000/- p.m. from agricultural lands owned by him. In support of the same, the claimants have produced Ex.P.6-record of rights. It may be true that the deceased was the owner of the land bearing sy.No.23/P5 measuring 2 Acres 29 guntas as per Ex.P.6. There is no loss to the surviving family members from the income of the said lands. But to compute the income of the deceased, based on Ex.P.6 – record of rights to an extent of Rs.15,000/- was not appreciated by the Tribunal, in the absence of supporting evidence based on record to establish the factum of income of the deceased. The tribunal determined the income notionally at Rs.3000/- p.m. Said determination appears to be on the lower side compare to the date of the accident. This court is of the considered opinion that it would be notionally re-determined at Rs.4000/- p.m. Applying the same, deducting 1/3 of the income towards personal and living expenses of the deceased, loss of dependency would work out Rs.2,88,000/-(4000X12X9X2/3 of the income). Applying the principles of law enunciated in Rajesh and others –vs- Rajbir Singh and others reported in (2013) 9 SCC, 54, the claimants would be entitled to a compensation of Rs.25,000/- towards funeral and transportation of the dead body and a sum of Rs.50,000/- towards loss of love and affection. The total compensation awarded by the Tribunal is modified as under:
Loss of dependency …. Rs.2,88,000/- Funeral expenses …. Rs. 25,000/- Loss of love and affection …. Rs. 50,000/-
Total …. Rs.3,63,000/-
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. The claimants would be entitled to a total compensation of Rs.3,63,000/- as against Rs.2,36,000/- awarded by the Tribunal, which shall carry interest at the rate of 6% p.a. from the date of the petition till the date of realization.
Appeal stands allowed to the extent indicated above.
Sd/- JUDGE Psg*