IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.540/2019 C/W M.F.A.No.2092/2018(MV) IN MFA No.540/2019:
BETWEEN:
1 . SMT RAJAMMA W/O LATE RAMESHA AGED ABOUT 49 YEARS R/A B GOWDAGERE VILLAGE KASABA HOBLI, MANDYA TALUK-571401 2 . G R MAHESH S/O LATE RAMESHA AGED ABOUT 32 YEARS R/A B GOWDAGERE VILLAGE KASABA HOBLI, MANDYA TALUK-571401 3 . G R ANITHA D/O LATE RAMESHA W/O H VENAKTESH AGED ABOUT 29 YEARS R/A B GOWDAGERE VILLAGE KASABA HOBLI MANDYA TALUK-571401 ..APPELLANTS (BY SRI TEJAS N., ADVOCATE) AND:
1 . NARAYANAPPA C M S/O MADAPPA MAJOR R/O ATTIBELE VILLAGE ANEKAL TALUK BANGALORE RURAL DISTRICT-562106 (OWNER OF 407 GOODS CANTER BEARING REG NO.KA-03-AA-2116) 2 . THE BRANCH MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED BRANCH OFFICE AT 363, SHRI HARI COMPLEX SEETHA VILAS ROAD MYSORE-570001 ..RESPONDENTS (BY SRI PRADEEP B., ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2017 PASSED IN MVC NO.1273/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.2092/2018: BETWEEN:
THE BRANCH MANAGER BAJAJ ALLIANZ GIC LTD BRANCH OFFICE NO.363, SRI HARI COMPLEX SEETHAVILAS ROAD, MYSORE REP BY ITS LEGAL MANAGER M/s.BAJAJ ALLIANZ GIC LTD, NO.1/2, GOLDEN HEIGHTS, 4TH FLOOR 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR, BANGALORE -10 ..APPELLANT (BY SRI PRADEEP B., ADVOCATE) AND:
1 . SMT RAJAMMA W/O LATE RAMESHA AGED ABOUT 49 YEARS R/AT B GOWDAGERE VILLAGE KASABA HOBLI, MANDYA DISTRICT-571463 2 . G R MAHESH S/O LATE RAMESHA AGED ABOUT 32 YEARS R/AT B GOWDAGERE VILLAGE KASABA HOBLI, MANDYA DISTRICT -571463 3 . G R ANITHA D/O LATE RANESHA AGED ABOUT 29 YEARS HULIGEREPURA VILLAGE MADDUR TALUK 4 . NARAYANAPPA C M S/O MADAPPA MAJOR RA/T ATTIBELE VILLAGE ANEKAL TALUK-562106 BANGALORE RURAL DISTRICT ..RESPONDENTS (BY SRI TEJAS N., ADVOCATE FOR SRI HARSHA S.P. ADVOCATE FOR R-1 TO R-3) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2017 PASSED IN MVC NO.1273/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, AWARDING COMPENSATION OF RS.13,74,104/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE MFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeals are listed for orders, they are taken up for final disposal.
Appeals are directed against the Judgment and award dated 07.11.2017 passed in MVC No.1273/2016 by the I Additional Senior Civil Judge and MACT, Mandya, wherein claim petition came to be allowed in part and a compensation of Rs.13,74,104/-
was awarded together with interest at the rate of 9% p.a. to the dependants of one Ramesha.
2. Being aggrieved by the said Judgment and award claimants preferred MFA No.540/2019 and insurance company MFA No.2092/2018.
3. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
4. Claimants seek enhancement and insurance company seeks setting aside the award or reduction in compensation.
5. The facts leading to the accident are that on 28.06.2016 at about 7 P.M. at Hanakere gate on Bangalore-Mysore main road, the husband of first petitioner and father of petitioners 2 and 3 by name Ramesha was standing on the left side of the road waiting for the bus to go to his Village B.Gowdagere. At that time one 407 goods canter bearing registration No.KA-03-AA-2116 being driven by its driver in a rash and negligent manner dashed against said Ramesha because of which he sustained serious and fatal injuries. He could not survive despite strong medical treatment.
6. The claimants contended that they have spent Rs.1,50,000/-towards funeral expenses and that Ramesha was an agriculturist and earning Rs.25,000/- per month and aged 50 years.
7. Learned counsel for appellants-claimants Sri Tejas N., would submit that the Tribunal has failed to consider future prospects while awarding amount of compensation towards loss of dependency and overall compensation awarded is under assessed.
8. Learned counsel for insurance company Sri B. Pradeep would submit that the income considered is at Rs.11,000/- per month which infact is excessive. Further the compensation granted under conventional heads is at Rs.2,30,000/-, it should have been restricted to Rs.70,000/-.
9. The break up of compensation as ordered by learned Member is as under:
SL.NO. DESCRIPTION AMOUNT 1. Loss of dependency Rs.11,44,104/-
2. Loss of estate, Loss of consortium Rs. 50,000/-
3. Loss of love and affection Rs. 1,50,000/-
4. Transportation charges Rs. 5,000/-
5. Funeral and obsequies Rs. 25,000/- Total Rs.13,74,104/-
9. It is stated that said Ramesha was agriculturist and earning Rs.25,000/- per month and Tribunal has considered monthly income at Rs.11,000/-.
10. However, in the light of circumstances and future prospects not being considered I find the Tribunal erred in considering monthly income at Rs.11,000/- it should have been maximum Rs.10,000/-. However 10% should have been added to the monthly income towards future prospects considering the deceased was aged 50 years at the time of death. Being a family holder consisting of three dependents there should be deduction of 1/3rd towards personal and living expenses. Further insofar as conventional heads again it is over assessed it should have been invariably at Rs.70,000/-. Thus the fair and just compensation is as under:
10,000+10%-1,000 = Rs.11,000 Less: 1/3 towards personal and living expenses Rs. 3,667 Rs. 7,333 Rs.7,333x12x13 = Rs.11,43,948/-
Add: Conventional heads Rs. 70,000/-
Total Rs.12,13,948/- Less: Awarded by Tribunal Rs.13,74,104/-
Reduction Rs. 1,60,156/-
========= 12. Learned Member though was right in allowing claim petition erred in over assessing the same.
With the above correction regarding over assessment, it is to be seen that there is no dispute regarding liability and the disagreement is only in connection with quantum of compensation.
Accordingly the Judgment and award is modified and both the appeals are disposed of.
Judgment and award dated 07.11.2017 is modified by awarding compensation of Rs.12,13,948/- (Rs.12,13,948–Rs.13,74,104=reduction of Rs.1,60,156/-) together with interest at 9% p.a.
Insurance company is directed to deposit the compensation amount with interest at 9% p.a. within four weeks from the date of receipt of certified copy of this order.
Amount in deposit be transmitted to the Tribunal.
Sd/- JUDGE SBN