IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 107/2013 (MV) BETWEEN 1.SMT. SHIVAMMA W/O LATE MANJUNATHA AGED ABOUT 32 YEARS 2.DILEEP S/O LATE MANJUNATHA AGED ABOUT 12 YEARS, STUDENT 3.SUDEEP S/O LATE MANJUNATHA AGED ABOUT 10 YEARS, STUDENT NOS.2 & 3 ARE MINORS BEING REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER 1ST APPELLANT ALL ARE R/OF CHIKKAGONDANAHALLY CHITRADURGA TALUK & DISTRICT-577 501 (BY SRI B M SIDDAPPA, ADVOCATE) AND 1.S SANTHI W/O LATE O P SAKTHIVEL MAJOR, OWNER OF LORRY BEARING TN-34/E-1323, R/OF NO.132/43 T KAILASAM STREET, NAMAKKAL TAMILNADU STATE 2.THE MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE CO., LTD., ... APPELLANTS SUNDARAM TOWERS, 45 & 46 WHITES ROAD, CHENNAI POLICY NO.VG0162909000100 VALID UP TO 18.05.2011 3.SARVAMANGALA @ SARVAMMA LATE D S THIPPESWAMY AGED ABOUT 70 YEARS HOUSEHOLD WORK R/O HIREHALLY VILLAGE CHALLAKERE-577 522 CHITRADURGA DISTRICT (BY SRI O. MAHESH, ADVOCATE FOR R-2;
... RESPONDENTS SRI A ANANDA SHETTY, ADVOCATE FOR R-3) R-1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.09.2012 PASSED IN MVC NO.45/2011 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation.
2. It is the case of the appellants that on 17.10.2010 at about 5.15 p.m. when the deceased was proceeding on Motor Cycle bearing registration No.KA-16/S-497 near Chikkagondanahally bus cross, NH-13, Chitradurga Taluk, a Lorry bearing registration No.TN-34/E-1323 came in a rash and negligent manner and dashed against hind portion of the motor cycle. The deceased died on the spot. Upon the claim petition being made, the Tribunal awarded total compensation of Rs.4,55,250/- under different heads.
3. It is contended by the appellants that the Tribunal has erred in taking the monthly income of the deceased at Rs.4,500/- though he was earning Rs.10,000/- per month by doing motor rewinding work. It is further contended that the amount of compensation awarded under the other heads also calls for enhancement.
4. I have heard learned counsel for the parties and have gone through the papers made available.
5. Though the claimants have stated that the deceased was earning Rs.10,000/- per month by doing motor rewinding work, but no document has been produced in support of the same. The accident took place in the year 2010. In cases of this nature, this Court has consistently taken the notional income at Rs.6,000/- per month with reference to the year of accident. The deceased was aged about 43 years at the time of accident and was doing motor rewinding work. The Hon’ble Supreme Court, in the case of NATIONAL INSURANCE COMPANY LIMITED vs PRANAY SETHI AND OTHERS ([2017]16 SCC 680), has held that in case the deceased was self-employed or on a fixed salary, an addition of 25% of the established income should be taken where the deceased was between the age of 40 to 50 years. If the ratio in the said decision is applied to this case, 25% of the income would be Rs.1,500/- (6,000x25%) and if the said Rs.1,500/- is added to Rs.6,000/-, the monthly income would be Rs.7,500/-. If 1/4th is deducted towards the personal expenses of the deceased and if the appropriate multiplier 14 is applied, then the loss of dependency works out to Rs.9,45,000/- (7,500x3/4x12x14). Further, as per the decision in PRANAY SETHI (supra), a sum of Rs.70,000/- is awarded under the conventional heads as against Rs.30,000/- awarded by the Tribunal. The amount of Rs.10,000/- awarded towards loss of love and affection is retained.
! 6. In the result, this appeal is allowed in part. The appellants are entitled for total compensation of Rs.10,25,000/- with interest @6% p.a.
Apportionment of the award amount and direction regarding deposit shall be made as per the order of the Tribunal.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv