IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L NARAYANA SWAMY M.F.A No.4034 of 2016 (MV) BETWEEN SRI. JAYAMMA W/O LATE NARAYANA AGED ABOUT 49 YEARS R/AT DODDAMUDUVADI, KOTTAGALU POST, KANAKAPURA TALUK RAMANAGAR DISTRICT. .. APPELLANT (By Sri R LAKSHMANA, ADVOCATE) AND THE MANAGING DIRECTOR K S R T C CENTRAL OFFICE, K H ROAD/DOUBLE ROAD, SHANTHINAGAR BANGALORE - 27. .. RESPONDENT (By Smt. H R RENUKA, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.06.2014 PASSED IN MVC NO.5405/2012 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, & XXXV ACMM, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal is by the claimant challenging the quantum of compensation awarded in the judgment and award dated 6.6.2014 in MVC No.5405/2012 on the file of the IX Additional Small Causes Judge, & XXXV ACMM, Member, MACT-7, Court of Small Causes, Bangalore.
2. The claimant has stated that her son, who succumbed to the motor vehicle accident occurred on 5.8.2012, was driving the goods vehicle bearing Regn. No.KA-45-301. She contended that her deceased/son was a bachelor and aged about 26 years at the time of accident. He was earning a sum of Rs.9,000/- p.m. and was only the earning member of his family.
3. Learned counsel for the appellant submits that the Tribunal has awarded meager compensation under the head loss of dependency. The Tribunal has erroneously taken the income of the deceased at Rs.4,000/- p.m. The case of the appellant is that the deceased was earning Rs.9,000/- p.m. and has not produced any supporting documents to the said effect. Learned counsel also submits that the compensation of Rs.60,000/- awarded under conventional heads is also on the lower side. Learned counsel submits that the claimant has lost her only son and lost love and affection of the deceased. Therefore, he submits that the judgment and award of the Tribunal may be modified. The learned counsel for the Insurer supported the judgment passed by the Tribunal.
4. Heard the learned counsel appearing for the respective parties.
5. Undisputedly, the claimant has not proved the income of the deceased. In the absence of proof of income, considering the age of the deceased as 26 years, year of accident as 2012, the notional income could be assessed at Rs.7,000/- per month as against Rs.4,000/- per month assessed by the Tribunal. Multiplier applicable to his age group is ‘18’. The claimant is the mother of the deceased, who was the only son. Therefore, 50% of the income of the deceased has to be deducted towards personal expenses of the deceased and remaining 50% has to be taken as contribution of the deceased to his family. Thus, loss of dependency would work out to Rs.7,56,000/- (3500 x 12 x 18) and it is awarded as against Rs.5,04,000/- awarded by the Tribunal. Further, a sum of Rs.70,000/- is awarded under ‘conventional heads’ as against Rs.60,000/- awarded by the Tribunal.
Thus, the claimant is entitled for the following compensation:-
Accordingly, the appeal is allowed-in-part. The judgment and award dated 6.6.2014 passed by the IX Additional Small Causes Judge, & XXXV ACMM, Member, MACT-7, Court of Small Causes, Bangalore in MVC No.5405/2012, stands modified. The claimant is entitled for enhanced compensation of Rs.2,72,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
The respondent/Corporation 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 excluding interest for the delayed period of 623 days in filing the appeal.
Apportionment, deposit and release of compensation shall be done in terms of the award of the Tribunal.
The claimant shall produce her account number, for which, the compensation amount shall be credited to her account.
Sd/- JUDGE Bkm.