IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.6059/2015 (MV) BETWEEN:
1. SANNARANGAMMA AGED ABOUT 51 YEARS, W/O LATE RANGASWAMAIAH 2. M.R.RANGANATHAPPA AGED ABOUT 33 YEARS, S/O LATE RANGASWAMAIAH 3. M.R.MUKUNDA, 31 YEARS S/O LATE RANGASWAMAIH.
ALL ARE RESIDENTS OF MADHENAHALLY, BUKKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT ... APPELLANTS (BY SRI.PATEL D KARE GOWDA, ADV.) AND:
1. SHANTHA DURGA TRANSPORT COMPANY PRIVATE LTD., SHOP NO.2, MANGALDEEP, RESIDENCY, HERWADKAR HIGH SCHOOL, TILAKWADI, BELGAUM, NEAR 2ND RAILWAY GATE - 590 006 OWNER OF THE BUS.
2. IFFCO-TOKIO GENERAL INSURANCE CO LTD., 2ND FLOOR SIKSHAKA VISHWARTA MANDALA, SHIKSHAK BHAVAN, COLLEGE ROAD, BELGAUM - 590 010, BY ITS MANAGER ... 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:20.02.2015 PASSED IN MVC NO.626/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, SIRA, 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 For the death of the breadwinner of the family in the road traffic accident that took place on 09th November 2013, the appellants herein filed claim petition before the Motor Accident Claims Tribunal, Sira. The Tribunal, by its order dated 20th February 2015, passed in MVC No.626 of 2014 awarded compensation of Rs.4,55,000/- along with interest at the rate of 6 per cent per annum. Being not satisfied with the compensation awarded, the claimants are before this Court in this appeal.
2. The learned counsel appearing for the appellants submits that the compensation awarded by the Tribunal is on the meager side and hence seeks enhancement.
3. The learned counsel for the respondent submits that the compensation awarded by the Tribunal is just and proper and hence prays for dismissal of appeal.
4. Heard the learned counsel for the parties and gone through the Judgment of the Tribunal. The deceased was aged 54 years and the Tribunal has taken the income of the deceased at Rs.4,500/-. In the cases of the claimants not proving the income with sufficient documentary evidence, this court consistently assesses the income based on the year of accident and also keeping in mind the place of residence, cost of living prevailing then, number of dependents, etc. Since the accident is of the year 2013, keeping the above factors in mind, the income is to be assessed at Rs.8,000/-, which is normally being taken and by deducting one third towards the personal expenses of the deceased, the amount comes to Rs.5,333/-. Accordingly, the calculation would be Rs.5,333/- x 12 x 11 which comes to Rs.7,03,956/- rounded off to Rs.7,04,000/-. The same is awarded as against Rs.3,96,000/- awarded by the Tribunal under the head loss of dependency. The compensation awarded under the other heads are retained. The enhanced amount carries interest at the rate as is awarded by the Tribunal.
Appeal is allowed in part.
Sd/- JUDGE lnn