IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO MISCELLANEOUS FIRST APPEAL NO.4917/2013 (MV) BETWEEN 1. SANTHOSH M R S/O LATE M B RANGASWAMY, AGED ABOUT 32 YEARS, 2. SANJAY M R S/O LATE M B RANGASWAMY, AGED ABOUT 31 YEARS, APPELLANT 1&2 ARE RESIDENT OF MUGULUVALLI VILLAGE AND POST AMBALE HOBLI, CHIKMAGALUR TALUK CHIKMAGALUR DISTRICT-577101. ... APPELLANTS (BY SRI. GIRISH B.BALADARE, ADV.) AND 1. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, MANJUNATHA COMPLEX, BUS STAND ROAD, OPP PICTURE PALACE, HASSAN-577101.
2. DAYANANDARAJ URS S/O LAXMANARAJA URS AGED ABOUT 32 YEARS RESIDENT OF KARTHIKERE VILLAGE, CHIKKAMAGALUR TQ.
AND DISTRICT-577101.
3. J S CHETHAN S/O J G SRINIVAS AGED ABOUT 23 YEARS, RESIDENT OF S.L.N STREET BEEDI JAVAGAL, ARASIKERE TALUK HASSAN DISTRICT. ... RESPONDENTS (BY SRI. B.A.RAMAKRISHNA, ADV. FOR R1, NOTICE TO R2 & R3 IS DISPENSED WITH V/O DT:29/10/14.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.08.2012 PASSED IN MVC NO.164/2010 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MACT, CHICKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION ON THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though this matter is listed for admission, with the consent of the counsel appearing for both the sides, the matter is taken up for final disposal.
2. The appeal is directed against the judgment and award passed by the Principal District Judge and MACT at Chikmagalur, on 16.08.2012 in MVC No.164/2010 filed by the appellants herein, which came to be allowed in part, wherein the Tribunal has awarded a sum of Rs.2,09,718/- together with interest @ 6% per annum, from the date of petition, till realization 3. In order to avoid confusion and overlapping, the parties, hereinafter, are referred in accordance to their respective rankings held before the Tribunal.
4. It is stated that on 24.12.2009, at about 6:30 p.m. one M.B. Rangaswamy was riding TVS motor cycle near Muguluvalli. At that time, one Dayanandaraj Urs the respondent No.1 was riding the Hero Honda motor cycle bearing Reg. No.KA-13 V-2397 in a rash and negligent manner and dashed against the TVS motor cycle. Due to the said impact M.B. Rangaswamy sustained serious injuries and succumbed to them.
5. The insurance company entered appearance and denied the claim of the claimants who are said to be Santhosh M.R. aged 39 years and Sanjay M.R. aged 38 years sons of deceased M.B. Rangaswamy. The matter was contested and the learned Member considering oral and documentary evidence and the facts and circumstances of the case, allowed the petition in part by granting compensation of Rs.2,09,718/-, as stated above.
6. Learned counsel for the appellants Sri. Girish B Baladare submits that the income of the deceased is under assessed wherein loss of various avenues that was exclusively available during the lifetime of M.B. Rangaswamy are not considered.
7. The learned counsel for insurance company Sri.
B.A. Ramakrishna opposes the submission made by the learned counsel for the appellants.
8. The compensation of Rs.2,09,718/- together with interest awarded by the Tribunal is on the basis of pension of Rs.4,279/- per month drawn by M.B. Rangaswamy who was aged about 60 years and further considering the fact that claimants are the sons of the said M.B. Rangaswamy who had already attained the age of majority at the time of the accident, compensation of Rs.1,79,718/- awarded by the Tribunal under the head ‘Loss of Dependency’ is just and proper and there is no scope for enhancement under this head.
9. A sum of Rs.30,000/- awarded by the Tribunal under the conventional head requires enhancement. Therefore, another sum of Rs.40,000/- is awarded under this head, and the claimants are entitled for a sum of Rs.70,000/- under the conventional head. Thus, claimants are entitled for enhanced compensation of Rs.40,000/- with interest at 6% per annum.
Hence, the following:
O R D E R (a) The appeal is allowed in part.
(b) The judgment and award passed by the MACT at Chikmagalur, on 16.08.2012 in MVC No.164/2010 is modified by enhancing the compensation at Rs.2,49,718/- as against Rs.2,09,718/- with interest @ 6% p.a. from the date of petition till the date of realization.
(c) The respondent No.1/insurer shall deposit the compensation amount, including the enhanced compensation amount, with interest within 30 days from the date of receipt of copy of this order.
Sd/- JUDGE Chs* CT-HR