IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA M.F.A. NO.591/2013(MVC) BETWEEN;
1. SMT PARVATHI @ PARVATHAMMA W/O LATE RAJU AGED ABOUT 31 YEARS 2. MR ABHISHEK, SON OF LATE RAJU AGED ABOUT 15 YEARS, MINOR, 3. KUM RANJITH DAUGHTER OF LATE RAJU AGED ABOUT 12 YEARS MINOR, 4. SMT. PUTTAMMA WIFE OF SRI KEMPAIAH AGED ABOUT 51 YEARS APPELLANTS 2 AND 3 ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT NO.1 SMT. PARVATHI @ PARVATHAMMA.
ALL ARE RESIDING AT YALACHIPALYA VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-571 511.
... APPELLANTS (By SRI. S. RAJU, ADV.) AND:
1. SRI. GIRISH, S/O. NARASAIAH AGED ABOUT 31 YEARS R/A NO. 869/A, 17TH "G" MAIN V BLOCK, RAJAJINAGAR BANGALORE-560010 2. ROYAL SUNDARAYAM ALLIANCE INSURANCE COMPANY LTD., NO. 132, 2ND FLOOR MANGALYA PUNARBHAVA BRIGADE ROAD BANGALORE-560 009 REPRESENTED KBY ITS MANAGER ... RESPONDENTS (By SRI. RAVI S. SAMPRATHI, ADV. FOR R.2, R.1 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2012 PASSED IN MVC NO.142/2012 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC, ADDITIONAL MACT, CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The claimants aggrieved by the quantum of compensation awarded by the Tribunal have preferred this appeal seeking enhancement of compensation.
2. With the consent of learned counsel appearing for the parties, the appeal is heard and disposed of finally.
3. As there is no dispute regarding death of one Raju in a road traffic accident occurred on 04.12.2009 due to rash and negligent driving of a car bearing registration No.KA-04-MD-6512 by its driver and liability of the insurer of the said offending vehicle, the only point that arises for my consideration in the appeal is:
“Whether compensation of Rs.4,19,000/- with interest at 6% per annum awarded by the Tribunal is just and reasonable or does it call for enhancement?”
4. The claimants, in support of their contention that the deceased by doing coolie work in the field of constructions of building was earning Rs.6,000/- per month, except examining claimant No.1-wife of the deceased as PW.1, have not substantiated their contention either by examining any contractor or any Mestri under whom he stated to have been doing coolie. In the absence of proof of income, considering the age of deceased as 35 years, year of accident as 2009 as per post mortem report and his avocation as daily wager, his income could be assessed at Rs.5,000/- per month as against Rs.3,000/- per month assessed by the Tribunal. Multiplier applicable to his age group is ‘16’. The claimants are wife, two minor children and mother of the deceased and they are four in numbers. Therefore, 1/4th of the income of the deceased has to be deducted towards his personal expenses and remaining 3/4th has to be taken as his contribution towards his family. Thus, loss of dependency would work out to Rs.7,20,000/- (5,000 x 3/4 x 16 x 12) and it is awarded as against Rs.3,84,000/- awarded by the Tribunal.
5. Claimant No.1-wife of the deceased has lost her husband at her young age of 30 years. Therefore, a sum of Rs.1,00,000/- is awarded towards ‘loss of consortium’ as against Rs.5,000/- awarded by the Tribunal.
6. Claimant Nos.2 and 3 have lost their father at their age of 14 and 11 years respectively. Therefore, a sum of Rs.1,00,000/- is awarded towards ‘loss of love and affection’ at the rate of Rs.50,000/- each and 25,000/- is awarded towards ‘loss of love and affection’ in respect of mother of the deceased and a sum of Rs.30,000/- is awarded towards ‘transportation of dead body and funeral expenses’ as against Rs.10,000/- awarded by the Tribunal.
7. Thus, the claimants are entitled for the following compensation:-
8. Accordingly, the appeal is allowed in part.
The judgment and award dated 05.10.2012 in MVC No.142/2012 passed by the Senior Civil Judge and JMFC, Additional MACT, Channapatna, stands modified to the extent stated herein above. The claimants are entitled for an additional compensation of Rs.5,56,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
9. The Insurance Company is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment.
10. Out of the additional compensation of Rs.5,56,000/-, Rs.1,00,000/- each with proportionate interest is ordered to be invested in fixed deposit in the names of claimant Nos.1 to 4 in any Nationalised Bank/Scheduled Bank/Post Office for a period of 5 years with a right of option to withdraw interest periodically and remaining amount with proportionate interest is ordered to be released in favour of all the claimants in equal proportion immediately after the deposit.
11. The Tribunal while releasing the remaining amount is also directed to issue fixed deposit slips, so as to enable the claimants to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount on maturity without insisting for any further order from the Tribunal. Release of amount and issuance of fixed deposit slips shall be done on the same day.
No order as to costs.
SD/- JUDGE PMR