IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO MFA NO.1014 OF 2019(MV) BETWEEN:
1. SMT. PARVATHAMMA W/O JAYA RAMAIAH AGED ABOUT 67 YEARS 2. MADHESH S/O LATE NAGARAJU AGED ABOUT 9 YEARS SINCE APPELLANT NO.2 IS MINOR REP. BY HIS GRAND MOTHER SMT. PARVATHAMMA BOTH ARE R/O VITTASANDRAPALAYA BEGUR HOBLI BANGALORE-560 068.
...APPELLANTS (BY SRI: JAGADEESH H.T., ADVOCATE) AND:
1. THE MANAGER M/S GEEKOME TECHNOLOGIES GATE NO.20/1. LONIKAND BEHIND TULSI HOTEL PUNE NAGAR ROAD HAVELI, PUNE-411 028.
2. THE MANAGER BAJAJ ALLIANAZ GENERAL INSURANCE CO. LTD., GOLDEN HEIGHTS 4TH FLOOR, NO.1/2, 59TH 4TH M BLOCK, RAJAJINAGAR BENGALURU-560 010.
…RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.09.2018, PASSED IN MVC NO.2012/2017 ON THE FILE OF THE XXI ACMM & XXIII ASCJ, BENGALURU, MACT SCCH-25, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T This appeal is directed against the judgment and award dated 25.09.2018 passed in MVC No.2012/2017 by the learned XXI ACMM & XXIII Addl. Sr. Civil Judge, the Motor Accident Claims Tribunal(for short ‘MACT’), Bengaluru (SCCH- 25), wherein learned Member disposed of the claim petition filed under section 166 of M.V. Act granting compensation of Rs.12,39,600/- together with interest at the rate of 8% p.a. from the date of petition till the date of realization.
2. The details of the accident are that: On 10.01.2015 at about 2.30 p.m., deceased Arjun was proceeding on a Honda Shine motorcycle bearing registration No.KA-01-HE-41 as pillion rider at Chikkathogur-Konappana Agrahara road and a lorry bearing registration No.MH-12-MH-12-HD-4236 driven in a high speed in rash and negligent manner dashed against the vehicle on which the deceased was proceeding, because of which, he sustained massive injuries and succumbed at the spot. It is stated that he was doing business in the name and style of ‘Ganesh Sound System’, Doddathogur and getting income of Rs.20,000/- p.m.
3. Learned counsel Sri.Jagadeesh H.T., appearing on behalf of the appellants/claimants in this appeal would submit that the claimants are grand-mother and brother of the deceased aged 65 years and 07 years respectively. The learned Member has granted compensation of Rs.12,39,600/-
to both the claimants. Learned counsel would submit that the deceased is the only bread earner in the family. Being aggrieved by the quantum of compensation awarded, the claimants are in appeal.
4. Considering the context and circumstances of the case, the tribunal considered the age of the deceased at ‘18’ years and monthly income is taken at Rs.8,000/- and future prospects of 40% is added which comes to Rs.11,200/-. Out of total amount of Rs.11,200/-, 50% is deducted towards ‘personal and living expenses’ which comes to Rs.5,600/- and thereafter multiplier ‘18’ is applied as deceased was aged ‘18’ years at the time of accident. Therefore, towards ‘loss of dependency’ Rs.12,09,600/-(Rs.5,600 x 12x 18) is awarded and the break up is shown as below:-
5. Learned counsel Sri. Jagadeesh H.T. for claimants would submit that despite the fact that there are two claimants-petitioner Nos.1 and 2, grand-mother aged ‘65’ years and younger brother aged ‘7’ years, towards ‘personal and living expenses’ of the deceased, the tribunal ought to have deducted 1/3rd of his income and the proportion of the quantum awarded towards ‘personal and living expenses’ are to be reassessed as deceased is stated to be unmarried in this case. Viewed from all angles, sustainability and dependency, I find that the compensation of Rs.12,39,600/- with 8% p.a. awarded by the tribunal appears to be just, fair and proper. No further proceedings require to be considered in this appeal. The Judgment and award passed by the tribunal deserves to be confirmed. The appeal is liable to be rejected at this stage itself. Accordingly, it is rejected.
Sd/- JUDGE *mn/-