IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.1549 OF 2018 [MV] BETWEEN 1. SMT. PREMA, W/O LATE VENKATESH, 49 YEARS, R/O. KASTHURAVALLI VILLAGE, KASABA HOBLI, HASANNA TALUK-573 201.
2. SMT. SHOBHA V., W/O. KANAKARAJA M., 29 YEARS, 3. SMT.INDRA, W/O. A.M. GIRISH, 26 YEARS, APPELLANTS 2 AND 3 ARE R/O. ARALAGUPPE VILLAGE, TIPTUR TALUK, TUMKUR DISTRICT.
... APPELLANTS (BY SRI. SHARADAMBA A.R., ADVOCATE) AND 1. PRASANNA KUMAR H.D., S/O. DATHATHRI, MAJOR, H.NO.958, “VASUDHA”
14TH CROSS ROAD, 21ST MAIN ROAD, B.S.K. 2ND STAGE, BENGALURU-560 070.
2. THE MANAGER, UNITED INIDA INSURANCE COMPANY LIMITED, SUGUNA NURSING HOME COMPLEX, ANTHARAGANGE ROAD, NEAR K.S.R.T.C., BUS STAND, KOLAR-563 122.
R/BY THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, VENKATESHWARA BUILDING, B.M. ROAD, 2ND FLOOR, HASSAN-573 201.
... RESPONDENTS (BY SRI.L. SREEKANTA RAO, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH VIDE COURT ORDER DATED21.02.2018) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal with the consent of both the learned counsel.
This appeal is filed by the claimants seeking enhancement of compensation awarded by the Tribunal in MVC No.910/2014, wherein a total compensation of Rs.5,80,000/- has been awarded for the death of one Venkatesh in a road traffic accident.
2. I have heard the learned counsel appearing for the appellants and the respondent No.2 – Insurance Company. The claimants are the widow and two daughters of the deceased.
3. The brief facts of the case are that on 11.04.2004 at about 7.30 a.m., at B.M. Road, Kasturavalli Gate, the deceased Venkatesh was returning to his house after finishing his work and when he was standing on the foot path to cross the road, the driver of the car bearing registration No.KA- 05-ML-761 drove the same in a rash and negligent manner and dashed against him, due to which, he sustained severe injuries on his head and other parts of the body. He was shifted to the Government Hospital, Hassan in an ambulance where the doctor declared him dead.
4. It is the case of the claimants that the deceased was aged about 53 years and he was earning a sum of Rs.20,000/- per month by doing masonry and coolie work. He was hale and healthy before the accident and the entire family members were depending on the earning of the deceased. A total compensation of Rs.25 lakhs was claimed.
5. Before the Tribunal, two witnesses were examined on behalf of the claimants and Exs.P1 to P8 were marked. The claim petition was resisted by the respondents, however, no witnesses were examined on behalf of the respondents.
6. The Tribunal after considering the evidence and material on record, awarded a total compensation of Rs.5,80,00/- under the following:
Loss of dependency Rs.5,28,000-00 Loss of love and affection Rs.20,000-00 Cremation Expenses Rs.20,000-00 Transportation of dead body Rs.2,000-00 Loss of consortium Rs.10,000-00 Total Rs.5,80,000-00 7. It is the contention of the learned counsel for the appellant that the deceased by working as a mason and also by doing coolie work was earning a sum of Rs.20,000/- per month and therefore submits that the income of Rs.6,000/- per month taken by the Tribunal is on the lower side. It is also submitted that the total compensation awarded by the Tribunal is meager and the learned counsel seeks to enhance the compensation by modifying the judgment and award passed by the Tribunal.
8. Per contra, the learned counsel appearing for Respondent No.2-Insurance Company would justify the compensation awarded by the Tribunal, contending that the same is just and reasonable and no enhancement is called for and accordingly seeks to dismiss the appeal.
9. The accident in question involving the car bearing registration No.KA-05-MN-6761 and the said car being insured with Respondent No.2 is not in dispute.
10. The contention of the learned counsel for the appellants is that the income of the deceased ought to have been taken at Rs.20,000/- per month. The claimants have not adduced satisfactory evidence to hold that the deceased was earning a sum of Rs.20,000/- per month. Apart from the oral testimony of PW1, there is no evidence to establish the income of the deceased. In that view of the matter, the submission of the learned counsel that the deceased was earning a sum of Rs.20,000/- per month cannot be accepted. The Tribunal has taken the notional income of the deceased at Rs.6,000/- per month. The accident is of the year 2017. According to PW1, the deceased was working as a mason and also doing coolie work and maintaining his family. The said evidence with regard to the avocation of the deceased has not been controverted. Considering the avocation of the deceased and evidence and material on record, the notional income of the deceased can be taken at Rs.10,000/- per month as against Rs.6,000/- per month taken by the Tribunal.
11. The deceased was aged about 53 years as on the date of the accident, which is not disputed by the appellants. Therefore, the proper multiplier to his age group is 11. An addition of 10% is to be made towards future prospects and after deducting 1/3rd towards his personal expenses, the total compensation towards ‘loss of dependency’ would work out to Rs.9,68,088/- (Rs.7,334x12x11). A sum of Rs.70,000/-
is awarded under the conventional heads namely loss of consortium, loss of estate and towards transportation of dead body and cremation expenses.
12. The Tribunal has awarded a sum of Rs.20,000/- towards loss of love and affection. The same is enhanced to Rs.40,000/-. Hence, the appellants are entitled for a total compensation of Rs.10,78,088/- which is rounded off to Rs.10,79,000/- as against Rs.5,80,000/- awarded by the Tribunal. Accordingly, I pass the following :
ORDER The appeal is allowed in part.
The judgment and award dated 01.01.2018 passed by the II Additional District and Sessions Judge and AMACT, Hassan in MVC No.910/2017 is hereby modified.
The appellants-claimants are entitled for a total compensation of Rs.10,79,000/- as against Rs.5,80,000/- awarded by the Tribunal.
The enhanced compensation shall carry interest at 6% per annum from the date of petition till its realization.
Respondent No.2-Insurance Company is directed to deposit the entire amount within four weeks from the date of receipt of the copy of this judgment.
Sd/- JUDGE snc