IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.6747/2016 (MV) BETWEEN:
1. SMT. REKHA W/O LATE MOHAN KUMAR AGED ABOUT 21 YEARS 2. BODHAN S/O LATE MOHAN KUMAR AGED ABOUT 1 YEAR 7 MONTHS 3. RANGASWAMY S/O RANGASWAMY @ RAMAIAH AGED ABOUT 67 YEARS 4. RANGAMMA W/O RANGASWAMY @ RAMAIAH, AGED ABOUT 48 YEARS ALL ARE R/A HIREBIDARE VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKUR DISTRICT – 572 114. ... APPELLANTS (BY SRI.MANJUNATH N D, ADV.) AND:
1. MANJUNATH S/O REVANNA AGED ABOUT 39 YEARS R/A JAJUR VILLAGE AT POST, BANAVARA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT – 573 103.
(R.C. OWNER OF THE VEHICLE BOLERO GOODS VEHICLE BEARING REG. NO.KA-13-B-3883) 2. THE MANAGER IFFCO TOKIO GENERAL INSURANCE CO., LTD., BRANCH OFFICE, MBAV MANSION 1ST FLOOR, 3RD CROSS, M.G. ROAD, ABOVE UCO BANK, GENERAL KARYAPPA ROAD, TUMKUR CITY PIN : 572 001. ... RESPONDENTS (BY SRI.E I SANMATHI, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.08.2016 PASSED IN MVC NO.974/15 ON THE FILE OF THE SENIOR CIVIL JUDGE & 16TH MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is filed by the claimants in M V C No.974/2015 on the file of Senior Civil Judge and XIV MACT, at Tiptur seeking enhancement. The claims tribunal by the judgment and award dated 23.8.2016 was pleased to award a sum of Rs.14,62,000/- along with 6% interest.
2. The occurrence of the accident, rash and negligent driving of driver of Bolero goods vehicle, it dashing the deceased motor cycle, he dying at the spot and coverage of policy are not in dispute.
3. The learned counsel for the appellants submits that the compensation awarded under the heads, loss of consortium, loss of love and affection to the minor son and parents of the deceased are on the lower side. On the other hand, the learned counsel for the insurer submits that the compensation awarded by the claims tribunal is just and proper and there is no ground to interfere with the impugned judgment and award.
4. I have heard the learned counsel for the parties and perused the impugned judgment and award.
5. The wife of the deceased, who was 20 years at the time of death of the deceased, had lost her husband at that young age. The claims tribunal has awarded Rs.25,000/- towards loss of consortium, which is on the lower side. The same is enhanced to Rs.75,000/-.
6. The appellant No.2 who was minor, aged 7 months at the time of accident, has lost his father’s love and affection throughout his life. The Tribunal has awarded only Rs.20,000/- which is inadequate. The same is enhanced to Rs.50,000/-.
7. So also towards loss of love and affection to the parents, only Rs.15,000/- is awarded, which is inadequate and the same is enhanced to Rs.40,000/-
8. The compensation awarded under other heads, is just and proper and it does not need any interference.
9. The total compensation that is awarded by the claims tribunal comes to Rs.14,47,000/- but somehow the claims tribunal has mentioned the total amount of compensation as Rs.14,62,000/- which is erroneous. The same needs to be corrected.
10. Thus in all, the appellants are entitled to compensation of Rs.15,52,000 as mentioned hereunder:
Loss of dependency - Rs.13,77,000 Loss of consortium - Rs. 75,000 Loss of love and affection to appellant No.2 - Rs. 50,000 Loss of love and affection to appellant Nos.3&4 - Rs. 40,000 Funeral and other obsequies Rs. 10,000 Total Rs.15,52,000 In the result, the appeal is allowed in part. The impugned judgment and award are modified accordingly. The appellants are entitled to interest on the compensation amount at 6% per annum from the date of petition till payment. The amount in deposit, if any, is directed to be transmitted to the claims tribunal.
lnn Sd/- JUDGE