IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.325/2019(MV) BETWEEN:
1. PREMA D/O. LATE PEDRU SUVARNA, AGED ABOUT 42 YEARS, RESIDENT OF MATHRA RAKSHA, KIDIYOOR PADUKERE, KUDRUKERE POST, MALPE, UDUPI TALUK AND DISTRICT-576 101.
2. PRAMILA D/O. LATE PEDRU SUVARNA, AGED ABOUT 40 YEARS, RESIDENT OF MATHRA RAKSHA, KIDIYOOR PADUKERE, KUDRUKERE POST, MALPE, UDUPI TALUK AND DISTRICT-576 101.
3. PRAVEEN S/O. LATE PEDRU SUVARNA, AGED ABOUT 39 YEARS, RESIDENT OF MATHRA RAKSHA, KIDIYOOR PADUKERE, KUDRUKERE POST, MALPE, UDUPI TALUK AND DISTRICT-576 101.
4. SUNITHA D/O. LATE PEDRU SUVARNA, AGED ABOUT 37 YEARS, RESIDENT OF MATHRA RAKSHA, KIDIYOOR PADUKERE, KUDRUKERE POST, MALPE, UDUPI TALUK AND DISTRICT-576 101.
5. NAVEEN S/O. LATE PEDRU SUVARNA, AGED ABOUT 34 YEARS, RESIDENT OF MATHRA RAKSHA, KIDIYOOR PADUKERE, KUDRUKERE POST, MALPE, UDUPI TALUK AND DISTRICT-576 101. ..APPELLANTS (BY SRI GANESHA R., ADVOCATE) AND:
HITHESH SUVARNA S/O. NARASHIMHA SUVARNA, AGE: MAJOR, R/AT SUVARNA MANDIRA, AMBALAPADY, UDUPI TALUK AND DISTRICT-576 101.
2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO., LTD., VISHNU PRAKASH BUILDING COURT ROAD, UDUPI TALUK AND DISTRICT-576101 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 25.04.2018 PASSED IN MVC No.608/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & ADDL. MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 155 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 25.04.2018 passed in MVC No.608/2016 by the Principal Senior Civil Judge & Additional MACT, Udupi, wherein claim petition came to be allowed in part and compensation of Rs.3,66,000/- with interest at the rate of 6% p.a. from the date of petition till full and final realization came to be granted to the petitioners. Being not satisfied with the quantum of compensation, petitioners have preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The details of the accident are that on 11.02.2016 Pedru Suvarna was waiting by the side of the road opposite to Lakshmi Complex, NH-66, Heroor Village, Udupi, at which point of time bus bearing registration No.KA-20-C-9133 came from Kundapura side towards Udupi side in a rash and negligent manner and came towards extreme side of the road and dashed to Pedru Suvarna because of which he sustained injuries and succumbed to them on the spot. Deceased –Pedru Suvarna was aged 65 years at the time of death.
4. Claim petition was preferred by the children of deceased. Petitioners 1 to 6 are daughters of deceased –Pedru Suvarna aged 38, 36, 35, 33 and 30 years respectively claiming compensation of Rs.22,75,000/-.
5. Learned Member considered monthly income of the deceased at Rs.6,000/- and 1/3rd is deducted towards personal and living expenses and multiplier `7’ is considered and the details of break up of compensation granted by learned Member is as under:
6. Learned counsel for appellants submit that deceased was a fishermen and was getting monthly income of more than Rs.10,000/- and it has been considered at Rs.6,000/- which is on the lower side. Learned counsel for appellants would submit that the compensation is under assessed.
7. In the over all context and circumstances of the case dependency is also a factor to be considered and all daughters are stated to be married still they are depending on the deceased.
8. In the circumstances amount of compensation granted by the Tribunal at Rs.3,66,000/- is just, fair and sufficient. There is no necessity of further proceedings.
Appeal is rejected.
Sd/- JUDGE SBN