IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.506 OF 2013 (MV) BETWEEN 1. PREMA, W/O. LATE GANESHA, AGED ABOUT 33 YEARS, 2. B.G. ABHLIASHA, D/O. LATE GANESHA, AGED ABOUT 17 YEARS, 3. B.G. MANOJ, S/O. LATE GANESHA, AGED ABOUT 15 YEARS, SINCE APPELLANT NOS.2 AND 3 ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT.PREMA.
4. DURGAPPA @ HEMAYA, S/O. LATE CHOTAPPA, AGED ABOUT 70 YEARS, ALL ARE R/O. HOUSE NO.256, BABURAYANAKOPPALU VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 424.
... APPELLANTS (BY MISS. RANJITHA AND SRI. V.SRINIVAS, ADVOCATES) AND 1. SRI. B.S. JAGADAMBHA, MAJOR, W/O. SADASHIVAIAH, R/O.#, JEEVANADI, 4TH CROSS, RAGHAVENDRA NAGAR, MYSORE-570 005.
2. UNITED INDIA INSURANCE CO. LTD., #1134, PRICE OF WALES ROAD, CHAMARAJA PURAM, MYSORE-570 004.
... RESPONDENTS (BY SRI.VASANTH KUMAR K.P., ADVOCATE FOR R1; SRI. S.KRISHNA KISHORE, ADVOCATE FOR R2) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.09.2012 PASSED IN MVC NO.1327/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR. DN), MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal with the consent of learned counsel on both sides.
The claimants are the wife, two minor children and father of the deceased. The claimants are seeking enhancement of compensation awarded by the Tribunal in MVC No.1327 of 2010 on the file of the Prl. Civil Judge (Sr. Dn.), Srirangapatna, dated 04.09.2012, wherein a total compensation of Rs.4,07,760/- with interest at 6% per annum has been awarded to the claimants for the death of one Ganesha, in a road traffic accident which occurred on 17.10.2010.
2. I have heard the learned counsel appearing for the appellants and the learned counsel appearing for Respondent No.2-Insurance Company.
3. It is the case of the claimants that on 17.10.2010 at about 3.30 p.m., when the deceased was walking on the left side of the road along with one Devanna (PW2), at that time, near Film theatre at Baburayanakoppalu on Mysore – Bangalore Main Road, a car bearing registration No.KA-09-A-8825 driven by its driver in a rash and negligent manner, dashed against him and due to the said impact, he sustained severe head injuries and he was taken to the Government Hospital, Srirangapatna, thereafter shifted to K.R. Hospital, Mysore and from there to NIMHANS, Bengaluru and again he was shifted to Victoria Hospital, Bengaluru, from there to Srinivasa Nursing Home and finally he was shifted to the Government Hospital, Mandya. However, in spite of the treatment given, he succumbed to the injuries on 20.10.2010.
4. The claim petition was filed by the wife, two minor children and father of the deceased seeking a total compensation of Rs.20 Lakhs. On behalf of the claimants, PWs1 to 4 were examined and Exs.P1 to P39 were marked. On behalf of the respondents, no witnesses were examined and no documents were marked.
5. The Tribunal after considering the oral and documentary evidence on record, awarded a sum of Rs.4,07,760/- with interest at 6% per annum from the date of petition till the date of deposit.
6. Seeking enhancement of compensation, the learned counsel for the appellants submitted that the deceased was a mason and he was earning a sum of Rs.15,000/- per month. However, the Tribunal has taken the income of the deceased as Rs.3,000/- per month. He submits that the total compensation awarded under different heads is inadequate and therefore, seeks to enhance the compensation by modifying the judgment and award passed by the Tribunal.
7. On the other hand, the learned counsel appearing for the Insurance Company submitted that the Tribunal has awarded a just and reasonable compensation and there are no grounds to interfere with the judgment and award passed by the Tribunal. Accordingly, seeks to dismiss the appeal.
8. To prove the income of the deceased, the claimants have examined PW4, wherein he deposed that the deceased was working under him for about seven years as a mason and he was being paid Rs.300/- per day. Though it is contended by the learned counsel for the appellants that the deceased was a mason, having an income of Rs.15,000/- per month, however, there is no convincing evidence adduced to hold that the deceased was earning the said amount. The Tribunal has taken the income of the deceased at Rs.3,000/- per month, which is on the lower side. Considering the avocation of the deceased, which has not been seriously disputed and also considering that the accident has taken place in the year 2010, I am of the view that the income of the deceased could be taken as Rs.6,000/- per month as against Rs.3,000/- per month taken by the Tribunal.
9. The deceased was aged about 40 years as per post mortem report – Ex.P8. Therefore, the multiplier applicable to the age of the deceased is 15. An addition of 40% has to be made to the income of the deceased towards future prospects (Rs.6,000/-
+Rs.2,400/-=Rs.8,400/-). The claimants are the wife, two minor children and the aged father of the deceased. Hence, it is just and proper to deduct 1/4th of income of the deceased towards his personal expenses. Therefore, the claimants are entitled for a compensation of Rs.11,34,000/- (Rs.6,300/-x12x15) towards loss of dependency. A sum of Rs.12,760/- awarded towards medical expenses is undisturbed. A sum of Rs.70,000/- is awarded towards loss of consortium, loss of estate, funeral expenses and transportation of dead body. A sum of Rs.25,000/- each to the two minor children and aged father is awarded towards loss of love and affection. The claimants are therefore entitled for a total compensation of Rs.12,91,760/- as against Rs.4,07,760/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is allowed in part.
The judgment and award dated 04.09.2012 passed by the Prl. Civil Judge (Sr. Dn.), Srirangapatna in MVC No.1327 of 2010 is hereby modified.
The appellants-claimants are entitled for a total compensation of Rs.12,91,760/- as against Rs.4,07,760/- awarded by the Tribunal.
The enhanced compensation shall carry interest at 6% per annum from the date of petition till its realization.
The apportionment and disbursement of compensation shall be as per the terms and order passed by the Tribunal.
Respondent No.2-Insurance Company is directed to deposit the entire amount within four weeks from the date of receipt of a copy of this judgment.
snc Sd/- JUDGE