IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L NARAYANA SWAMY AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.5073 OF 2016 (MV) BETWEEN:
1. SRI. K.N. YADAVA ACHARYA AGED 56 YARS, S/O LATE DEVAPPA ACHARYA, 2. SMT. AMBIKA AGED 48 YEARS W/O K.N.YADAVA ACHARYA, BOTH ARE R/AT "DEVAPADMA NILAYA", NEAR NELLISHATALA SHRI KALIKABA TEMPLE KOTEKAR, POST: KOTEKAR, MANGALURU TALUK-575022. …APPELLANTS (BY SRI.PUNDIKAI ISHWARA BHAT, ADVOCATE) AND:
SRI. B. NARAYANA GATTI SINCE DEAD BY LRS, 1(a). SMT.SAROJINI, MAJOR, W/O LATE NARAYANA GATTI, 1(b). SMT. USHA U CHADNRA MAJOR, 1(c). DR. YOGISH MAJOR, 1(d). SANTHOSH KUMAR MAJOR, 1(e). RAJESH MAJOR, 2. THE NATIONAL INSURANCE CO.LTD.
1ST FLOOR, EMJAYS COMPLEX, OPP: NETHRAVATHI BUILDING BALMATTA HAMPANAKATTA, MANGALURU- 575001. REPRESENTED BY ITS MANAGER.
...RESPONDENTS (BY SRI.O MAHESH ADVOCATE FOR R-2 , VIDE ORDER DATED 29.07.2016-NOTICE TO R-1(A-E) DISPENSED) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.8.2015 PASSED IN MVC NO.1617/2010 ON THE FILE OF THE MEMBER, MACT, II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
JUDGMENT Claimants, the appellants have filed this appeal for enhancement of compensation for having lost their only daughter in motor vehicle accident that occurred on 07.06.2010.
2. It is the case of the claimants that deceased was studying in BCA and the Tribunal has assessed notional income of Rs.5,000/-. It should have been taken at Rs.8,000/- p.m. Secondly, as per the judgment of the Hon’ble Supreme Court the claimants are entitled for future prospects. The same has been denied by the Tribunal without assigning any reasons. The Tribunal has further erred with regard to application of multiplier. It is submitted that the Tribunal should have selected the multiplier of the deceased, instead the Tribunal has taken the age of the younger parent, which is contrary to law and facts.
3. Learned counsel for the respondents would submit that the appeal may be dismissed. It is his submission that admittedly the deceased was a student studying in BCA and under these circumstances the notional income of Rs.5,000/- has rightly been assessed by the Tribunal. It is further submitted that in respect of future prospects, as per the judgment of the Hon’ble Supreme Court in the case of National Insurance Company Ltd., vs. Pranay Sethi and others reported in (2017) 16 SCC 680 it applies only to the employees or the self employed persons, but wherein in this case admittedly the deceased is a student and hence claimants are not entitled for future prospects.
4. We have gone through the order passed by the Tribunal and it is our opinion that when it is an admitted fact that the deceased was a student, it is for the Tribunal to assess the notional income on the basis of the qualification which the deceased was studying. The deceased was student of BCA and hence the income of the deceased was taken at Rs.5,000/-. No grounds made out to take the income at higher side. Under these circumstances, we confirm the order of the Tribunal in respect of the income of Rs.5,000/-. Secondly, the multiplier, it is of the age of the deceased, which is the basis. Accordingly, the multiplier ‘18’ which is to be applied for the purpose of awarding compensation under the head loss of dependency. Hence the calculation would be 50% of Rs.5,000/- comes to Rs.2,500/- x 12 x 18 which comes to Rs.5,40,000/-. Same is awarded under the head loss of dependency and under conventional head Rs.20,000/- is awarded.
As per the judgment of the Magma General Insurance Company Ltd., vs. Nanu Ram Alias Chuhru Ram and others (Civil Appeal No.9581/2018 (arising out of SLP (Civil) No.3192/2018) compensation towards love and affection is awarded at Rs.50,000/- each to the parents which comes to Rs.1,00,000/-. Accordingly, the same is also awarded. The appellants are entitled for the compensation as herein under:
Towards love and affection Rs.1,00,000/- Towards conventional heads Rs. 20,000/- Towards loss of dependency Rs.5,40,000/-
Total Rs.6,60,000/-
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Accordingly, the appeal is allowed in part.
Sd/- JUDGE Sd/- JUDGE ykl