IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A.No. 3413 OF 2010 (MV) Between:
*1. Khathumbi, Aged about 42 years, W/o Late Nabi Sab, Byaladahalli Village, Harihara Taluk, Davanagere District.
*2. Fathimai Aged about 16 years, D/o Late Nabi Sab, Since Minor Represented by her Mother Khathumbi, R/o Byaladahalli Village, Harihara Taluk, Davanagere District. ... Appellants* (By Sri. M.Vinaya Keerthy, Advocate-Absent) And:
1. Samiulla, Aged about 32 years, S/o Latif Sab, (Driver of Lorry bearing Registration No.KA-09/B-3337), I Main, Kalidasanagar, Harihara.
2. B.Syed Althamash, Aged about years, S/o B.Syed Mahaboob Sab, (Owner of lorry bearing Registration No.KA-09/B-3337), Dosthana Saw Mill, Shivamogga Road, Harihara.
* Inserted Vide Chamber Order Dated 16.04.2019.
3. The Branch Manager, The New India Assurance Co Ltd., I Floor, Wali Complex, Shivamogga Road, Harihara.
4. B.G.Suresh, Aged about 37 years, S/o. B.Giriyappa, (Owner of Autorickshaw bearing registration No. KA-17/A-4466), Bhanuvalli Village, Harihara Taluk, Davanagere District.
5. IFFCO-Tokya Insurance Co Ltd., #41, Cristu Complex, II Floor, Lavelle Road, Bengaluru-1.
6. Zareena Bi, Aged about Major, W/o Late Nabi Sab, Savanur, Haveri District.
7. Mahaboob Alii, Aged about 25 years, S/o Late Nabi Sab, Savanur, Haveri District.
8. Fairoz, Aged about 23 years, S/o Late Nabi Sab, Savanur, Haveri District.
9. Reshma, Aged about 21 years, D/o Late Nabi Sab, Savanur, Haveri District.
10. Khaza Mohiddin, Aged about 19 years, S/o Late Nabi Sab, Savanur, Haveri District. ... Respondents (By Sri. C.R.Ravishankar, Advocate for R3; Notice to R1, R2 & R4 to R10 dispensed with) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 2.4.2010 passed in MVC No. 27/2008 on the file of Civil Judge (Sr.Dn.) & MACT, Harihar, 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 by the claimants calls in question the judgment and award dated 02.02.2010 made by MACT, Harihara, allowing claim petition in MVC.No.27/2008 whereby a compensation of Rs.3,98,000/- with interest at the rate of 6% per annum has been awarded.
2. The date of accident i.e., 31.08.2007, the place of accident i.e., near Taralabalu Kalyana Mantapa on Shivamogga road, Harihara, involvement of the offending vehicle i.e., lorry bearing registration No.KA-09/B-3337 and the rash and negligent driving of the said lorry are not in dispute. The fatal injuries sustained by Mr. Nabi Sab i.e., the bread winner of the family and his consequent death are also not in dispute.
3. All the above facts are established by the deposition of as many as eight witnesses i.e., PW.1 to PW.8, the widow of the deceased i.e., Smt. Khathumbi having been examined as PW.2. The official records namely, FIR, Complaint, Spot Mahazar, P.M. Report, Inquest Report, I.M.V Report, Election Identity Card and Ration Card have been marked as Ex.P.1 to Ex.P.9, which the MACT has acted upon.
4. The grievance of the claimants against the impugned judgment and award is that the monthly income of the deceased Mr. Nabi Sab is wrongly taken at Rs.3,000/-, when he had more income from the betel leaves business is to some extent substantiated by the deposition of PW.2, his widow and other evidentiary material. The MACT therefore, ought to have adverted to the Notional Income values in the Lok Adalat Chart for the accident year in question. Looking to all this, the notional value of Rs.3,500/- appears to be a reasonable monthly income of the deceased.
5. The other grievance of the claimants that a medical expenses of Rs.40,000/- was incurred whereas, the MACT has admitted the medical bills only for Rs.6,000/- again appears to be substantiated in as much as it is not a case of spot death. The records reveal that Mr. Nabi Sab was fatally injured and so was treated in the hospital for some time and later, he breathed his last. Therefore, the Tribunal ought to have taken Rs.30,000/- against the claim for Rs.40,000/-.
6. With the altered values, the compensation is re-worked out as under:-
To this has to be added other enhanced sum of Rs.26,000/- as medical expenses, in addition to the compensation awarded under other heads i.e., the total sum works out to Rs.4,88,000/-.
In the above circumstances, this appeal succeeds; the impugned judgment and award are modified enhancing the compensation from Rs.3,98,000/- to Rs.4,88,000/- with interest at the rate of 6%, all other terms and conditions having retained intact.
Sd/- JUDGE RB