IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.3305/2013 (MV) Between:
1. Smt. Sathyavathamma W/o late Govinda Reddy P.P. Hindu, Aged about 36 years, 2. Kum. Shanthi D/o late Govinda Reddy P.P. Aged about 16 years, (Since minor represented By her Mother-petitioner No.1) Both are residing at No.431, Behind Venkateshwara Temple, Barahimam Galli, Gowribidanur Town and Taluk, Chikballapur District. ... Appellants (By Sri. C.N. Keshava Murthy, Advocate) And:
1. The Oriental Insurance Company Limited Represented by its Manager, No.1/1, Connaught Road, Queens Road Cross, Bengaluru – 560 052.
2. Sri. Ashwathappa S/o Gangadharappa, Major in age, Residing at Muthuru, 6th Ward, Doddaballapura, Bengaluru Rural District. ... Respondents (By Sri. S.V. Hegde Mulkhand, Advocate for R-1 R-2 notice dispensed with v/o dated 27.06.2017) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the judgment and award dated 11.02.2013 passed in MVC No.1969/2011 on the file of the 11th Additional Judge, Court of Small Causes, MACT, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for Admission, this day, the Court delivered the following:
J U D G M E N T Though this appeal is listed for admission, with the consent of both the learned counsel, the same is taken up for final disposal.
2. This appeal is filed by the claimants seeking enhancement of compensation awarded by the Tribunal in MVC No.1969/2011 on the file of the Court of Small Causes, Bengaluru City (SCCH-12) wherein, a total compensation of Rs.5,33,400/- has been awarded to the claimants for the death of one Sri. Govinda Reddy in a road traffic accident, which occurred on 07.01.2011.
3. I have heard the learned counsel appearing for the appellants and the learned counsel appearing for respondent No.1/Insurance Company.
4. The case of the appellants/claimants is that on 07.01.2011 at about 8.00 p.m., when deceased Govinda Reddy was returning from his duty on a motor cycle bearing registration No.KA-43-H-3948 and when he reached Apparel Park Gate at Doddaballapur Road, at that time, the rider of a motor cycle bearing registration No.KA-43-J-9584 came in a high speed and rash and negligent manner and dashed against his motor cycle. On account of which, the rider (deceased) and a pillion rider of the motor cycle fell down and Govinda Reddy sustained grievous injuries on the head and other parts of the body and he was shifted to Baptist Hospital, Bengaluru for treatment. However, he succumbed to the injuries.
5. It is the further case of the appellants that the deceased was aged about 38 years at the time of accident and he was earning Rs.6,000/- per month by working as a Security Guard.
6. The claimants being the wife and minor daughter of the deceased filed a claim petition before the Tribunal seeking a total compensation of Rs.12.00 Lakhs. Three witnesses were examined on behalf of claimants, as PW.1 to PW.3 and Exhibits P.1 to P.15 were marked. The claim was opposed by the Insurance Company. RW.1 was examined and Exhibits R.1 to R.8 were marked.
7. The Tribunal after considering the oral and documentary evidence on record, awarded a total compensation of Rs.5,33,400/- under the following heads:
e Transportation, Funeral and Obsequies 5,000.00 Total 5,33,400.00 8. Learned counsel appearing for the appellants would contend that the deceased was earning a sum of Rs.6,000/- per month by working as a security guard in M/s. Shashi Detective Services (P) Limited. Exhibit P.7 is the salary certificate and exhibit P.11 is the salary register extract. He would submit that PW.20-employer of the deceased was examined and inspite of sufficient evidence placed on record, the Tribunal has taken the income at Rs.4,450/- per month. He further submits that no addition has been made to the salary towards future prospects and the total compensation awarded even under the conventional heads is also on the lower side. Hence, he seeks to enhance the compensation by allowing the appeal.
9. Per contra, learned counsel for respondent No.1/Insurance Company contends that the total compensation awarded by the Tribunal is just and reasonable and does not require any interference and accordingly, he seeks to dismiss the appeal.
10. The accident in question involving the offending motor cycle bearing registration No.KA-43-J- 9584, insured with respondent No.1 herein is not in dispute. It is the case of the appellants that the deceased was drawing a salary of Rs.6,000/- per month as a Security Guard. In this regard, perusal of Exhibit P.11-salary register extract shows that the total earnings of the deceased was Rs.4,453/- per month. Only in the month of December 2010, a sum of Rs.1,989/- was paid towards conveyance. There is nothing on record to show that the deceased was infact earning a sum of Rs.6,000/- per month and he was getting conveyance allowance every month. Considering the material on record, the Tribunal has taken the monthly income of deceased at Rs.4,450/-, which is in my view is just and reasonable.
11. According to the ration card which is marked as per Ex.P.8, the deceased was aged about 35 years as on August 2006. The accident has occurred on 07.01.2011. Considering the said document at exhibit P.8, it can be seen that the age of the deceased is less than 40 years as on the date of accident. In view of the decision of the Hon’ble Apex Court in the case of National Insurance Company Vs. Pranay Sethi reported in AIR 2017 SC 5157, an addition of 40% has to be made to the income of the deceased.
12. The proper multiplier applicable to the age of deceased is 15. After deducting 1/3rd from the total income, the total compensation for which the claimants are entitled towards loss of dependency is Rs.7,47,600/- as against Rs.4,98,400/- awarded by the Tribunal.
13. The Tribunal has awarded a total sum of Rs.25,000/- under the head loss of consortium, loss of estate and transportation, funeral and obsequies. The same is enhanced to Rs.70,000/-.
14. The compensation awarded under the head loss of love and affection is enhanced from Rs.10,000/- to Rs.40,000/- in the facts and circumstances of the case.
15. In all, claimants are entitled to a total compensation of Rs.8,57,600/- as against Rs.5,33,400/- awarded by the Tribunal.
Hence, the following:
ORDER i. Appeal is allowed in part.
ii. Judgment and award passed by the Court of Small Causes, Bengaluru City (SCCH-12) in MVC No.1969/2011 dated 11.02.2013 is hereby modified.
iii. The appellants/claimants are entitled to a total compensation of Rs.8,57,600/- as against Rs.5,33,400/- awarded by the Tribunal with 6% interest p.a. from the date of petition till realization.
Respondent No.1 shall deposit the entire amount within a period of six weeks from the date of receipt of copy of this judgment.
Sd/- JUDGE MBM