IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. No.7909 OF 2015 (MV - D) BETWEEN:
1. SRI. JANU NAIKA S/O SHIVA NAIKA AGED ABOUT 60 YEARS R/AT GOWRI GUNDI HOUSE METTINADKA NALKARU VILLAGE SULLIA TALUK D.K. DISTRICT – 574 201 2. SMT. SUSHILA W/O JANU NAIKA AGED ABOUT 50 YEARS R/AT GOWRI GUNDI HOUSE METTINADKA NALKARU VILLAGE SULLIA TALUK D.K. DISTRICT – 574 201 3. SRI. NITHESH S/O JANU NAIKA AGED ABOUT 17 YEARS MINOR REPRESENTED BY NEXT FRIEND/MOTHER SUSHILA R/AT GOWRI GUNDI HOUSE METTINADKA NALKARU VILLAGE SULLIA TALUK D.K. DISTRICT – 574 201 4. KUM. YASHASWINI D/O JANU NAIKA AGED ABOUT 15 YEARS MINOR REPRESENTED BY NEXT FRIEND/MOTHER SUSHILA R/AT GOWRI GUNDI HOUSE METTINADKA NALKARU VILLAGE SULLIA TALUK D.K. DISTRICT – 574 201 ... APPELLANTS (BY SRI.VISHWAJITH SHETTY S, ADV.,) AND:
1. MR. C.P. JOY AGED ABOUT 39 YEARS S/O LATE PAILI R/O “CHERPAL HOUSE” GATHIGAR POST & VILLAGE SULLIA TALUK D.K. – 574 211 2. THE BRANCH MANAGER THE RELIANCE GENERAL INSURANCE CO. LTD MAXIMAS COMMERCIAL COMPLEX 4TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANAKATTA MANGALORE D.K. – 575 001 ... RESPONDENTS (BY SRI. H.N. KESHAVA PRASHANTH, ADV., FOR R2; R1 SERVED) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2015 PASSED IN MVC NO.808/2014 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., 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 JUDGMENT The only ground taken by the learned counsel for the appellant for enhancement of compensation is that the proper multiplier has not been taken as per the decision of the Hon’ble Supreme Court, in the case of NATIONAL INSURANCE COMPANY Vs PRANAY SETHI (2017 SCC online 2013) wherein the Supreme Court has held that the age of the deceased is to be assessed. But the Tribunal committed an error in taking the multiplier considering the age of the mother. In the light of the decision of the Hon’ble Supreme Court the Tribunal has committed an error in taking the age of the Mother. The same to be rectified.
2. Accordingly, the appellants are entitled for a sum of Rs.6,48,000/- (Rs.3,000 x 12 x 18) towards loss of dependency as against Rs.4,68,000/-. An amount of Rs.40,000/- is granted towards funeral expenses and transportation of the dead body as against Rs.25,000/-.
3. Hence, the appeal is allowed in part. The appellants are entitled for enhanced compensation of Rs.1,95,000/- apart from the compensation awarded by the Tribunal. The enhanced amount carries interest at 6% per annum from the date of petition till the date of payment.
Sd/- JUDGE Nm