IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.4514/2014 (MV) BETWEEN:
1. SRI KRISHNAPPA S/O LATE NANJAPPA AGED ABOUT 51 YEARS 2. SRI. SATHISH S/O KRISHNAPPA AGED ABOUT 31 YEARS 3. SRI. SURESH S/O KRISHNAPPA AGED ABOUT 29 YEARS 1ST PETITIONER R/A SOSAGERE VILLAGE MALUR TALUK KOLAR DISTRICT.
2ND & 3RD PETITIONER R/AT NO. 88 22ND MAIN ROAD BSK 3RD STAGE 5TH BLOCK, 3RD PHASE KATRIGUPPE BANGALORE-85.
...APPELLANTS (BY SRI. PRAKASH M H, ADV.) AND:
1. IFFCO- TOKIO GENERAL INSURANCE CO. LTD., NO.2, 1ST FLOOR, SNR ARCADE AYYAPPA TEMPLE ROAD JALAHALLI CROSS, PEENYA BANGALORE-57.
2. MANCHAIAH S/O MARILINGEGOWDA NO. 7/4, 12TH CROSS 1ST MAIN, HANUMAGIRINAGARA C.K. SANDRA BANGALORE-27.
…RESPONDENTS (BY SRI.D VIJAYAKUMAR, ADV. FOR R1 R2- NOTICE D/W V/O DT:25.10.2016) THIS M.F.A. FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.02.2014 PASSED IN MVC NO.1777/2013 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL.MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This is claimants’ appeal, praying for enhancement of compensation not being satisfied with the quantum of compensation awarded under the judgment and award dated 05.02.2014 in MVC No.1777/2013 on the file of the Motor Accident Claims Tribunal and Chief Judge, Court of Small Causes, Bangalore (hereinafter referred to as 'the Tribunal' for short).
2. The claim petition was filed under Section 166 of the Motor Vehicles Act, claiming compensation for the accidental death of Smt.Rathnamma @ Hoovamma in a road traffic accident. The claimants are husband and children of the deceased Rathnamma. It is stated that on 20.01.2013, when the deceased Smt.Rathnamma was traveling as a pillion rider in the motorcycle bearing registration No.KA-10/EG-2552, rider of the motorcycle rode the same in a rash and negligent manner and lost control over the same and as such, the motorcycle toppled. Due to which, the deceased fell down from the motorcycle and sustained grievous injuries and subsequently, succumbed to the injuries. It is stated that the deceased was aged 48 years as on the date of accident and she was earning a sum of Rs.9,000/- p.m., from flower vending.
3. On issuance of notice, respondents No.1 and 2 appeared before the Tribunal and filed their respective written statement. The first respondent/owner of the offending motorcycle filed statement denying the claim petition averments and stated that the rider of the motorcycle was riding the same slowly and cautiously and the rider was not responsible for the cause of accident. Respondent No.2/insurer in its written statement admitted coverage of policy in respect of the offending vehicle, but denied other averments of the claim petition. It also denied that the claimants were depending on the income of the deceased.
4. Claimant No.1/husband of the deceased got examined himself as P.W.1 and marked the documents as Ex.P1 to Ex.P15. No evidence was let in by respondents.
5. The Tribunal, on analyzing the material on record, awarded total compensation of Rs.1,47,000/- with interest at the rate of 6% p.a., from the date of petition till realization, on the following heads:
1. Loss of estate :: Rs.1,17,000/-
2. Funeral expenses :: Rs. 10,000/-
3. Transportation of dead body :: Rs. 10,000/-
4. Loss of consortium :: Rs. 10,000/-
Total Rs.1,47,000/-
While awarding the above compensation, the Tribunal took Rs.750/- p.m., as savings of the deceased for awarding compensation on the head of loss of estate.
Hence, the claimants are in appeal praying for enhancement of compensation.
7. Heard the learned counsel for the appellant and learned counsel for the respondent/insurer. Perused the material on record.
8. Learned counsel for the appellants/claimants would submit that the compensation awarded by the tribunal is on the lower side. It is further submitted that the Tribunal committed an error in taking only Rs.3,000/- p.m., as income and further committed an error in taking only Rs.750/- as monthly savings of the deceased to award compensation on the head of loss of estate. It is submitted that the deceased was earning Rs.9,000/- p.m., from flower vending business. The Tribunal failed to assess the income of the deceased properly. It is further submitted that the compensation awarded on conventional heads is also on the lower side and submits that the claimants would be entitled for Rs.70,000/- on conventional heads. Thus, prays for enhancement of compensation.
9. Per contra, learned counsel for the respondent/ insurer would submit that the compensation awarded by Tribunal is just compensation, which needs no interference. He further submits that the claimants have not placed on record any material to indicate the exact income of the deceased. In the absence of any material to establish the income of the deceased, the Tribunal has rightly taken the income of the deceased at Rs.3,000/- p.m. and had taken Rs.750/- as savings of the deceased for awarding compensation on the head loss of estate. Thus, prays for dismissal of the appeal.
10. Having heard the learned counsel for the parties and on perusal of the material on record, the following points would arise for consideration in this appeal:
(i) Whether the Tribunal is justified in assessing the income of the deceased at Rs.3,000/- p.m., and taking Rs.750/-
as savings of the deceased to award compensation on the head loss of estate?
(ii) Whether the claimants would be entitled for Rs.70,000/- on conventional heads?
11. Answer to the above points would be in the negative and affirmative respectively for the following reasons:
The accident that occurred on 21.01.2013 involving the motorcycle bearing registration No.KA- 10/EG-2552 and the accidental death of Smt.Rathnamma @ Hoovamma is not in dispute in this appeal. The claimants are in appeal praying for enhancement of compensation. The claimants have stated that the deceased was doing flower vending business and was earning a sum of Rs.9,000/- p.m. But the claimants have not placed on record any material to establish the income earned by the deceased. The deceased was aged 48 years as on the date of accident. Even a coolie earned more than Rs.200/- per day in the year 2013. When the claimants state that the deceased was doing flower vending business, the deceased would have earned minimum of Rs.200/- per day, which would come to Rs.6,000/- p.m., from flower vending business. Even though the claimants have not made available any material to indicate the income of the deceased, I feel, it is appropriate to assess the income of the deceased at Rs.6,000/- p.m. Out of Rs.6,000/-, if 1/3rd is deducted towards personal expenses of the deceased, the remaining amount would be Rs.4,000/-. Out of Rs.4,000/-, she would have definitely contributed major amount towards her family which consisted of her children and husband. Therefore, I am of the considered view that the savings of the deceased could be taken at Rs.1,500/- p.m., after excluding all the expenses for awarding compensation on the head ‘loss of estate’. The Tribunal awarded a sum of Rs.30,000/- on conventional heads such as funeral expenses, transportation of dead body, loss of consortium. The Hon'ble Apex Court in the case of the NATIONAL INSURANCE COMPANY LIMITED v/s PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680 has held that the claimants would be entitled for a sum of Rs.70,000/- on conventional heads wherever the deceased was married. In the instant case also, the claimants would be entitled for Rs.70,000/- on conventional heads instead of Rs.30,000/- awarded by the Tribunal. Thus, the claimants would be entitled for the following modified compensation:
Loss of estate 1500x12x13 :: Rs.2,34,000/-
Conventional heads :: Rs. 70,000/-
Total Rs.3,04,000/-
Thus, the claimants would be entitled for total compensation of Rs.3,04,000/- with interest at the rate of 6% p.a., from the date of petition till realization, as against Rs.1,47,000/- awarded by the Tribunal.
12. Accordingly, the appeal is allowed in part. The judgment and award dated 05.02.2014 in MVC Noi.1777/2013 on the file of the Motor Accident Claims Tribunal and Chief Judge, Court of Small Causes, Bangalore is modified to the above extent. The claimants would be entitled for enhanced compensation of Rs.1,57,000/- with interest at the rate of 6% p.a., from the date of petition till realization.
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JUDGE mpk/-* CT:bms