IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA M.F.A. NO.10068 OF 2013 (MV) BETWEEN:
1. Smt. Shanthamma W/o Gowli Obalanna, Aged about 58 years, 2. Sri. Gowli Obalanna S/o Narasimhappa, Aged about 73 years, 3. Sri. O. Manjunath S/o Gowli Obalanna, Aged about 20 years, All are residing at Balepalli Village, Nachenahalli Post, Gudibande Mandal, Madakashira Taluk, Ananathpura District – 515 001, Andhra Pradesh.
…Appellants (By Sri. Shivakumar .P, Advocate) AND:
1. Sri. K. Srinivas No.139, Dodda Kere Bedi, Anekal Town, Bangalore District – 562 106.
2. The New India Assurance Co. Ltd., No.42, Gopal Complex, 2nd Floor, Bazaar Street, Yeshwantpura, Bangalore – 560 022.
. . . Respondents (By Sri. C.R. Ravishankar, Advocate for R-2 Notice to R-1 dispensed with) This Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 15.11.2011 passed in MVC No.3514/2010 on the file of the III Additional Senior Civil Judge and Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for Orders this the Court delivered the following:
J U D G M E N T This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of learned counsel appearing for the parties, appeal is heard and disposed of finally. Perused the judgment and award passed by the Tribunal including the records.
3. As there is no dispute regarding death of one Sri. Raju @ Rajanna in a road traffic accident occurred on 15.03.2010 due to rash and negligent driving of a bus bearing registration No.KA-01-AB-2988 by its driver and liability of the insurer of the said bus, the only point that arises for consideration in this appeal is:
“Whether compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
4. The claimants in support of their contention that the deceased by working as a Supervisor at Sri Sai Bricks Factory was drawing salary of Rs.8,000/- per month, have examined 1st claimant/mother of the deceased and the owner of the said Bricks Factory as PW.1 and PW.2 respectively and they produced salary certificate issued by Sri Sai Bricks Factory, and it was marked as Ex.P.11 and they have produced a notarized copy of general licence and notarized copy of certificate issued by the Joint Director, District Industries Centre, which were marked as Ex.P.13 and Ex.P.14 respectively. Ex.P.13 and P.14 would show that PW.2 owned a brick factory by name Sri. Sai Bricks factory. P.W.2 has stated in his evidence that he is the proprietor of Sri. Sai Bricks factory and deceased was working as Supervisor in his brick factory and he was paying him salary of Rs.8,000/- per month, but he has not produced the wage register or any other documents to show that he was paying salary of Rs.8,000/- per month to the deceased. In the absence of proof of income, considering the age of the deceased as 28 years, year of accident as 2010 and occupation as an employee in the bricks factory of P.W.2, his income could be assessed at Rs.6,000/- per month including future prospects. Since deceased died as bachelor, 50% of his income is to be deducted towards his personal expenses and remaining 50% of his income is to be taken as his contribution to family. Multiplier of ‘17’ is to be applied based on the age of the deceased, instead of `11’ multiplier applied by the Tribunal based on the age of younger parents of the deceased. Therefore, ‘loss of dependency’ works out to Rs.6,12,000/- (Rs.6,000 X 12 X 50% X 17) and it is awarded as against Rs.2,97,000/- awarded by the Tribunal.
5. Further, a sum of Rs.15,000/- is awarded towards ‘loss of estate’ and a sum of Rs.15,000/- is awarded for ‘transportation of dead body and funeral expenses’ and in all, a sum of Rs.30,000/- is awarded under conventional heads.
6. Thus, the claimants are entitled for the following compensation:-
7. Accordingly, the appeal is allowed in part.
The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimants are entitled for an additional compensation of Rs.2,97,600/- with interest at 6% p.a. from the date of claim petition till the date of realization but excluding the interest for the delayed period.
8. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, Rs.1,50,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of claimant No.1 in any Nationalised Bank/Scheduled Bank/Post Office for a period of 5 years with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of claimant Nos.1 and 2 in equal proportion.
9. The Tribunal while releasing the balance amount is also directed to issue the fixed deposit receipts, so as to enable the claimants to withdraw the fixed deposit amount on its maturity without approaching the Tribunal once again and the Bank is also directed to release the fixed deposit amount on maturity without insisting for any further order from the Tribunal.
No order as to costs.
Sd/- JUDGE MBM