IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.2497 OF 2013 (MV) C/W M.F.A. NO.3060 OF 2013 (MV) IN M.F.A. NO.2497 OF 2013 BETWEEN:
THE REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE NO.144, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY CROSS ROAD, BANGALORE - 560 025, BY IT’S MANAGER. ... APPELLANT (BY SRI.O MAHESH, ADV.) AND:
1. SMT.BASAMMA AGE 47 YEARS, W/O HANUMANTHAPPA @ HANUMANTHI, 2. SRI.HANUMANTHAPPA @ HANUMANTHI AGE 53 YEARS, S/O DODDAIAH, R/AT CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 572 101. PRESENT ADDRESS:NO.8/11, 2ND MAIN ATTIGUPPE, BANGALORE - 560 040 3. SRI.SHANKARAPPA.B.T. MAJOR, S/O THIMMAPPA.S.
R/AT VADERAHALLI VILLAGE, TALAKATTA POST, HOLALKERE TALUK, CHITRADURGA DISTRICT.- 577 501 RESPONDENTS (BY SRI.D S SRIDHAR, ADV. FOR R1 & R2; NOTICE TO R3 - DISPENSED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:3.12.2012 PASSED IN MVC NO.2660/2012 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF RS.8,97,400/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN M.F.A. NO.3060 OF 2013 BETWEEN:
1. SMT.BASSAMMA W/O HANUMANTHAPPA @ HANUMANTHI AGED ABOUT 47 YEARS 2. SRI.HANUMANTHAPPA @ HANUMANTHI S/O DODDAIAH AGED ABOUT 53 YEARS BOTH ARE R/AT CHIKKANAYAKANAHALLI DISTRICT: TUMKUR PRESENT ADDRESS:
NO. 8/11, 2ND MAIN ATTIGUPPE BANGALORE – 40 ... APPELLANTS (BY SRI.D.S.SRIDHAR, ADV.) AND:
1. SHANKRAPPA B.T. S/O THIMMAPPA S R/AT VADERAHALLI VILLAGE TALAKATTE POST HOLALKERE TALUK CHITRADURGA DISTRICT 2. THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE NO. 44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD BANGALORE – 27 ... RESPONDENTS (BY SRI.O.MAHESH, ADV. FOR R2; R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.12.2012 PASSED IN MVC NO.2660/2012 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
J U D G M E N T Appeal is by the insurance as well as the claimant. In the appeal filed by the insurance the challenge is on quantum and the claimants’ appeal is for enhancement of compensation.
2. The grounds taken by the insurance is with regard to deduction at 50% instead of one third. The second ground is that for calculation of dependency the age of the younger parent should have been whereas the Tribunal has taken the age of the deceased which is an error. Hence, he prays for modification of the judgment and award.
3. In the appeal filed by the claimants seeking enhancement is with regard to the income taken by the Tribunal. The submission is that the income is claimed at Rs.14,000/- per month whereas the Tribunal has assessed at Rs.6,900/- per month which is on the lower side. Hence, the learned counsel prays to take the income as prayed for. He further submits that the future prospects should have been added at 40% instead the Tribunal has added at 30% which is also on the lower side. Hence submits that the compensation may be enhanced suitably.
4. Heard the learned counsel for the parties. As regards the contention of the learned counsel for the insurance with regard to deduction at 50% instead of at one-third is concerned the same has been examined in the light of judgment of Hon'ble Supreme Court in the case of SARLA VARMA AND OTHERS v. DELHI TRANSPORTATION CORPORATIO AND ANOTHER reported in AIR 2009 SC 3104. As per the said judgment, 50% deduction is to be taken in case of a bachelor. Unless there is evidence contrary to that there cannot be deduction at 50%. On the basis of evidence on behalf of the claimants, we do not find any good ground to interfere in conclusion arrived at by the Tribunal. The second ground taken is with regard to the dependency of the deceased. The said contention is also covered by the judgment of Hon'ble Supreme Court wherein the age of the deceased is to be taken and not the age of the younger parent. On this ground also the submission of the learned counsel for the appellant- Insurance is to be rejected. Accordingly, it is rejected. In the result, appeal filed by the Insurance is liable to be rejected, accordingly rejected. Amount in deposit is directed to be transmitted to the Tribunal forthwith.
5. In the appeal filed for enhancement, the submission is with regard to taking of the income as claimed in the claim petition. In cases where the claimants are not in a position to prove the income by producing relevant documents of evidence, then notional income shall have to be taken considering the factors like year of accident, place of residence, standard of living prevalent then, size of the family, etc. In the instant case the accident is of the year 2012. This court, with relevance to the accident of the year 2012, consistently takes the income at Rs.7,000/- per month. Accordingly, the same is taken in the instant case also. As per the judgment of the Hon'ble Supreme Court in the cased of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI reported in 2017 SCC ONLINE 2170 future prospects is to be added at 40% which comes to Rs.2,800/- and the notional income would be Rs.9,800/-. If 50% is deducted out of Rs.9,800/- it would come to Rs.4,900/-. The same shall be taken for the purpose of awarding compensation. Hence, the calculation would be Rs.4,900/- x 12 x 18 which comes to Rs.10,58,400/-. The same is awarded as against Rs.8,42,400/- awarded by the Tribunal under the head loss of dependency.
Under conventional heads, all put together Rs.70,000/- is awarded. Considering the agony the parents had to undergo for their life time in view of the fact that they had lost their son in the unfortunate accident, Rs.1,00,000/- is awarded towards love and affection. In total the compensation would be Rs.12,28,400/-. It is made clear that the enhanced amount carries interest at the rate as is awarded by the Tribunal.
6. In the result, appeal is allowed in part. Amount shall be credited directly to the account of the claimants.
Sd/-
ACTING CHIEF JUSTICE lnn Sd/- JUDGE