IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.615/2013 C/W MISCELLANEOUS FIRST APPEAL No.616/2013 In Miscellaneous First Appeal No.615/2013 Between:
1. Sri. Chandregowda S/o late Kalegowda Aged about 42 years 2. Smt. Shankunthala W/o Chandregowda Aged about 39 years 3. Manjula.C D/o Chandregowda Aged about 23 years All are R/at No.90, 2nd Main, Raghava Nagar Bengaluru – 560 026.
Permanent Address:
No.131, Gondibasavanahalli Mullusoge, Madapatna Post Kusalnagar, Coorg District. ... Appellants (BY Sri. P.Mahadevaswamy, Advocate) And:
1. The Divisional Manager ICICI Lombard General Insurance Company Limited No.89, SVR Complex, 2nd Floor Hosur Main Road, Madivala Bengaluru – 560 068.
2. Kumar G.J. S/o Javarappa Gondibasavanahalli Village Madapatna Post, Kushalnagar Coorg District – 571 234.
3. The Divisional Manager The Oriental Insurance Co. Ltd. R/at No.44/45, Leo Shopping Complex, Residency Road Bengaluru – 560 001.
4. Shamshiddin H.M. S/o N.A. Moosa Coorge Privision Store No.264, 6th Cross, Atmananda Colony, Manorayanapalya R.T.Nagar Post, near SBI Bank Bengaluru – 560 032. ... Respondents (Sri. B. Pradeep, Advocate for R1 R2 to R4-Service of notice is dispensed with as per the order dated 14.03.2014) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 29.11.2012 passed in MVC.No.6155/2010 on the file of the Principal MACT, Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
In Miscellaneous First Appeal No.616/2013 Between:
Smt. Gowramma W/o late Shivanna Nayaka Aged about 37 years Permanent Address: Gondibasavanahalli Mullusoge, Madapatna Post Kushalnagar, Coorg District - 34 ... Appellant (BY Sri. P.Mahadevaswamy, Advocate) And:
1. The Divisional Manager ICICI Lombard General Insurance Company Limited No.89, SVR Complex, 2nd Floor Hosur Main Road, Madivala Bengaluru – 560 068.
2. Kumar G.J. S/o Javarappa Gondibasavanahalli Village Madapatna Post, Kushalnagar Coorg District – 571 234.
3. The Divisional Manager The Oriental Insurance Co. Ltd. R/at No.44/45, Leo Shopping Complex, Residency Road Bengaluru – 560 001.
4. Shamshiddin H.M. S/o N.A. Moosa Coorge Privision Store No.264, 6th Cross, Atmananda Colony, Manorayanapalya R.T.Nagar Post, near SBI Bank Bengaluru – 560 032. ... Respondents (Sri. B. Pradeep, Advocate for R1 R2 to R4-Service of notice is dispensed with as per the order dated 18.02.2019) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 29.11.2012 passed in MVC.No.6156/2010 on the file of the Principal MACT, Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
These appeals are coming on for Admission, this day, the Court delivered the following:
J U D G M E N T Though these appeals are listed for admission, the same are taken up for final disposal with the consent of learned counsel appearing for both the parties.
2. I have heard the learned counsel appearing for the appellants and learned counsel appearing for respondent No.1/Insurance Company in both the cases.
3. The above noted appeals are filed by the respective claimants seeking enhancement of compensation awarded by the Tribunal in MVC.Nos.6155/2010 and 6156/2010.
4. MFA.No.615/2013 is filed by the claimants in MVC.No.6155/2010 namely, the parents and sister of the deceased.
5. MFA.No.616/2013 is filed by the claimant in MVC.No.6156/2010 namely, mother of the deceased.
6. The brief facts of the case are that, the deceased namely, Shashikumar and Santhosh S. along with two others, while proceeding in a new Maruthi car bearing registration No. KA-09-E-4797 on 04.08.2010, at about 4.30 p.m., on K.R.Sagar-Elevada Forest Area road, the driver of the said car lost control and dashed against another car bearing registration No.KA-04-MF-1162, as a result of which, the inmates of the car suffered injuries and Shashikumar and Santhosh S. succumbed to the said injuries.
7. The Tribunal awarded a total compensation of Rs.4,82,968/- in respect of MVC.No.6155/2010 and Rs.6,13,122/- in respect of MVC.No.6156/2010.
8. The accident in question and involvement of the vehicle which is insured with respondent No.1 herein is not in dispute.
In Miscellaneous First Appeal No.615/2013 9. The claimants in this case are parents and sister of the deceased. The deceased was aged 20 years as on the date of accident. According to the claimant, deceased was working as a tractor driver and was having an income of Rs.10,000/- per month. It is submitted that the Tribunal has grossly erred in taking the multiplier based on the age of mother, instead of choosing the multiplier based on the age of the deceased and total compensation awarded by the Tribunal is very meager and accordingly, the learned counsel seeks to enhance the compensation.
10. Per contra, the learned counsel appearing for respondent No.1/Insurance Company would justify the compensation awarded by the Tribunal and contends that what is awarded is just and reasonable and he prays that the appeal may be dismissed.
11. Admittedly, the deceased was a bachelor. His date of birth is 30.01.1990, as per the DL. Insofar as the income is concerned, the Tribunal has taken the income of the deceased as Rs.5,000/- per month as against Rs.10,000/- pleaded by the claimants. According to the claimants, deceased was working as a driver of a tractor. Driving License is produced, which is marked as Ex.P10.
12. Though there is no corroborative piece of evidence to prove the income of the deceased, however, considering the fact that the accident is of the year 2010, the notional income of the deceased is taken as Rs.5,500/- per month. The Tribunal has erred in adopting the multiplier ‘14’, considering the age of the mother of the deceased. The appropriate multiplier applicable is ‘18’. Adding 40% of the income towards future prospects and deducting 50% from the monthly income towards personal expenses, the same works out to Rs.3,850/-. Therefore, loss of dependency would be Rs.8,31,600/-(3,850X12X18).
13. The compensation awarded towards medical expenses is unaltered. The tribunal has awarded only a sum of Rs.13,000/- towards funeral and conveyance charges and same is enhanced to Rs.30,000/- towards loss of estate, funeral and conveyance charges. A sum of Rs.30,000/- each is awarded to the claimants towards loss of love and affection. Hence, the claimants are entitled for a total compensation of Rs.9,71,568/- as against Rs.4,82,968 awarded by the Tribunal. The enhanced compensation is Rs.4,88,600/-.
In Miscellaneous First Appeal No.616/2013 14. The contention of the learned counsel for the appellant is that, the deceased was a bachelor, aged about 23 years and was working as an auto driver. The Tribunal has taken his income at Rs.5,000/- as against an amount of Rs.10,000/- pleaded by the claimants.
15. It is further contended that the age of the mother is taken into consideration for choosing the multiplier instead of taking the age of the deceased. It is also submitted that the compensation awarded under the conventional heads are on the lower side. Accordingly, the learned counsel for the appellant/claimant prays to allow the appeal by enhancing the compensation.
16. Per contra, the learned counsel appearing for respondent No.1/Insurance Company would justify the compensation awarded by the Tribunal and contends that what is awarded is just and reasonable and accordingly, he prays that the appeal may be dismissed.
17. Admittedly, the deceased was a bachelor. His date of birth as per DL is 10.10.1987. The deceased was aged about 23 years as on the date of accident. According to the claimants, he was working as auto rickshaw driver.
18. There are no other satisfactory evidence adduced by the claimant to prove the income of the deceased. However, taking into consideration that the accident has occurred in the year 2010, the notional income of the deceased is taken as Rs.5,500/- per month. Adding 40% to the income towards future prospects and deducting 50% towards personal expenses. A sum of Rs.8,31,600/- (3,850X12X18) is awarded towards loss of dependency.
19. The Tribunal has awarded only a sum of Rs.13,000/- towards funeral expenses and conveyance charges and the same is enhanced to Rs.30,000/- under the heads loss of estate, funeral expenses and conveyance charges. The compensation of Rs.1,20,122/- awarded towards medical treatment is unaltered. Another sum of Rs.30,000/- is awarded towards loss of love and affection.
20. Hence, the claimant is entitled for a total compensation of Rs.10,11,722/- as against Rs.6,13,122/- awarded by the Tribunal. The enhanced compensation is Rs.3,98,600/-. Accordingly, the following:
ORDER Both the appeals are allowed in part.
The judgment and award dated 29.11.2012 passed in M.V.C.Nos.6155/2010 and 6156/2010 by the Principle MACT, Court of Small Causes at Bengaluru are hereby modified.
The appellants/claimants in M.F.A.No.615/2013 (M.V.C.No.6155/2010) are entitled for a total compensation of Rs.9,71,568/-.
The appellant/claimant in M.F.A.No.616/2013 (M.V.C.No.6156/2010) is entitled for a total compensation of Rs.10,11,722/-.
The enhanced compensation shall carry 6% interest from the date of petition till its realization, in both the cases.
The Insurance company shall deposit the entire amount within a period of four weeks from the date of receipt of a copy of this order.
Sd/- JUDGE NR/-