IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.5398/2013 C/W M.F.A. No.6031/2013 (MV) IN MFA No.5398/2013 BETWEEN:
M/s.ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.
No.132, BRIGADE ROAD THROUGH CORPORATE OFFICE SUBRAMANIAM BUILDINGS II FLOOR NO-1 CLUB HOUSE ROAD ANNASALAI, CHENNAI-2 BY GENERAL MANAGER LEGAL ..APPELLANT (BY SRI K SURYANARAYANA RAO, ADVOCATE) AND:
1. SARASWATHI W/O LATE SURESH @ RAJU AGED ABOUT 34 YEARS, 2. NIVEDITA D/O LATE SURESH @ RAJU AGED ABOUT 16 YEARS, 3. HEMANTHA KUMAR S/O LATE SURESH @ RAJU AGED ABOUT 13 YEARS, 4. PUTTAMARIYAPPA S/O LATE EREGOWDA AGED ABOUT 59 YEARS 5. NINGAMMA W/O PUTTAMARIYAPPA AGED ABOUT 51 YEARS, RESPONDENTS 2 AND 3 ARE MINROS REPRESENTED BY MOTHER RESPONDENT 1 ALL ARE RESIDING AT HOSAGABBODI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK.
6. G SHANTHI MAJOR IN AGE No.7, RCC, 206/207 S.G. MUTT ROAD, CHAMARAJPET BANGALORE -18.
..RESPONDENTS (BY SRI M H PRAKASH, ADVOCATE FOR C/R R1 TO 5, R2 & 3 ARE MINORS & REPRESENTED BY R1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.04.2013 PASSED IN MVC No.4001/2012 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF Rs.23,10,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT.
IN MFA No.6031/2013 BETWEEN:
1. SMT.SARASWATHI W/O LATE SURESH @ RAJU AGED ABOUT 34 YEARS, 2. NIVEDITA D/O LATE SURESH @ RAJU AGED ABOUT 16 YEARS, 3. HEMANTH KUMAR S/O LATE SURESH @ RAJU AGED ABOUT 13 YEARS, 4. PUTTAMARIYAPPA S/O LATE ERE GOWDA AGED ABOUT 59 YEARS 5. NINGAMMA W/O PUTTAMARIYAPPA AGED ABOUT 51 YEARS SINCE THE APPELLANTS No.2 AND 3 ARE MINORS THEY ARE REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN APPELLANT No.1 ALL ARE RESIDING AT HOSAGABBADI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK.
RAMANAGARAM DISTRICT.
..APPELLANTS (BY SRI M H PRAKASH, ADVOCATE) AND:
1. M/s.ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.
No.132, BRIGADE ROAD BANGALORE – 560 025. REPRESENTED BY ITS MANAGER.
2. G SHANTHI No.7, RCC, 206/207 S.G.MUTT ROAD, CHAMARAJPET BANGALORE -18.
..RESPONDENTS (BY SRI K SURYANARAYANA RAO, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DATED:08.07.2014) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.04.2013 PASSED IN MVC No.4001/2012 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeals are listed for orders, with the consent of the learned counsel appearing for the parties, appeals are taken up for final disposal.
2. Appeal is directed against the Judgment and award dated 15.04.2013 passed in MVC No.4001/2012 by the XXI Additional Small Causes Judge and XIX ACMM, Court of Small Causes, Bengaluru.
3. MFA No.5398/2013 is preferred by the insurance company seeking reduction of compensation amount. Incidentally the other appeal MFA No.6031/2013 is filed by the claimants for enhancement of compensation.
4. In order to avoid confusion and overlappings, the parties are hereinafter referred with reference to their status and rankings as it stood before the Tribunal.
5. Before the Tribunal, petition came to be filed under Section 166 of the Motor Vehicles Act, which was allowed in part and compensation of Rs.23,10,000/- came to be ordered by way of award payable together with interest at the rate of 6% p.a. from the date of petition till payment.
6. Insofar as incident, it is stated that on 17.06.2012 at about 4.30 P.M. one Suresh @ Raju was traveling in a car bearing registration No.KA-05- Z-7608 from Bengaluru towards Harohalli. When he was traveling at Singaiahna Kere Tank Bund on Bengaluru-Kanakapura Road, Uttarahalli Hobli, at that time a Milk Tanker (lorry) bearing registration No.KA- 01-B-9871 came in a rash and negligent manner and dashed against the car in which Suresh was traveling and due to which Suresh sustained grievous injuries and taken to hospital wherein he succumbed to injuries.
7. Insofar as details are concerned, the amount claimed is at Rs.1,00,000/- for funeral and obsequies ceremonies. He was earning Rs.15,000/- per month as a driver.
8. Learned Member who was accommodated with oral evidence of PW-1 and PW-2 and documentary evidence Exhibits P-1 to P-13 and adjudicated the matter considering the accident, injuries, death, notional income and granted compensation of Rs.23,10,000/- together with interest @ 6% p.a..
9. Insofar as break up is concerned, salary is considered at Rs.15,000/- per month and family members of the deceased included wife, son, daughter and parents. Learned Member has considered personal and living expenses at 1/6th. In the context and circumstances of the case, the learned counsel for claimants Sri Prakash would submit the compensation is too low considering the number of members and dependants in the light of untimely demise of Suresh who was aged 39 years. The quantum of compensation granted is as under:
DESCRIPTION AMOUNT Loss of dependency 1/6th of Rs.15,000 is Rs.12,500x12x15) Loss of expectation of life Towards funeral and transportation of dead body Towards loss of love and affection Towards loss of consortium Rs.22,50,000/-
Rs. 10,000/-
Rs. 10,000/-
Rs. 20,000/-
Rs. 20,000/-
Total Rs.23,10,000/-
10. Insofar as grant of compensation is concerned, I find that the monthly income considered at Rs.15,000/- is on the higher side. Accident is of the year 2012 and insofar as consideration of monthly income is concerned it appears to be on the higher side and deserves to be reduced to Rs.12,000/- per month. At the same time future prospects are not considered. Deceased being a driver was aged 39 years as on the date of his death. Thus, 40% future prospects should have been invariably added. Thus, salary ought to have been taken at Rs.12,000x40%=Rs.4,800/- Rs.12,000+4,800=16,800-1/4= Rs.4,200/- Rs.16,800-4,200 = 12,600/- Rs.12,600x12x15 = Rs.22,68,000/-
Conventional heads – Rs. 70,000/-
Rs.23,38,000/-
========= Thus, difference of Rs.28,000/- (Rs.23,38,000- Rs.23,10,000/-) appears is the quantum of compensation that is deprived of, and same is set right under this appeal.
11. Though the Tribunal was right in allowing the petition in part, it erred in granting compensation of Rs.23,10,000/-.
Hence, I pass the following:
ORDER 1. M.F.A.No.5398/2013 filed by insurance company seeking reduction is rejected.
2. M.F.A.No.6031/2013 filed by claimants is partly allowed.
3. Judgment and award dated 15.04.2013 passed in MVC No.4001/2012 by the XXI Additional Small Causes Judge and XIX ACMM, Court of Small Causes, Bengaluru, is modified by granting enhanced compensation of Rs.28,000/- with interest @ 6% p.a.
4. Insurance company is directed to deposit the enhanced compensation amount with interest within four weeks from the date of receipt of certified copy of this order.
Amount in deposit to be transferred to Tribunal.
Sd/- JUDGE SBN