IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.2807 OF 2010 (MV) BETWEEN:
1. SRI M. YUVARAJ S/O MUNISWAMY MUDALIAR AGED ABOUT 52 YEARS 2. SMT. MANJULA W/O M. YUVARAJ AGED ABOUT 50 YEARS 3. KUMARI BHUVANESHWARI D/O M. YUVARAJ AGED ABOUT 27 YEARS ALL R/AT NO.7/4, ANNAIAH REDDY ROAD ULSOOR, BANGALORE – 560 008.
... APPELLANTS (BY SRI S. SYED BASHA, ADVOCATE) AND:
1. THE MANAGER THE UNITED INDIA INSURANCE CO. LTD. KATCHERRY ROAD, W.K.T. COMPLEX KALIKURICHI – 606 208 TAMILNADU.
2. SRI VAITHAILINGAM S/O GOVINDASWAMY UDAYAR MAJOR IN AGE NO.101, W. STREET, VILLAKUR POST KULLAKRICHI TALUK VILAPURAM DISTRICT TAMILNADU.
3. SRI T. THAVAMANI S/O THENDAN MAJOR IN AGE NORTH STREET, KALAMBALUM PO. SHANKARAPUAM TALUK VILLAPURAM DISTRICT TAMILNADU.
4. SRI P.L. HARISH FATHER’S NAME NOT KNOWN MAJOR IN AGE R/AT NO.2327, 4TH CROSS KANAKANAGARA R.T. NAGARA POST BANGALORE – 560 032.
5. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD. NO.1, SHANKAR HOUSE MEKHRI CIRCLE, RMV EXTENSION BANGALORE – 560 080.
... RESPONDENTS (BY SRI B.A. RAMAKRISHNA, ADVOCATE FOR R1 SRI B.S. UMESH, ADVOCATE FOR R5 NOTICE TO R2 D/W V/C/O DTD:28.07.2016) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2009 PASSED IN MVC NO.603/1999 ON THE FILE OF THE 14TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The parents and sister of the deceased have filed claim petition for the RTA that took place on 20.08.1998, whereby the Tribunal awarded compensation of Rs.2,28,444/-, against which this appeal is filed.
2. The liability is fastened on the owner, since the vehicle involved has not been covered by insurance.
3. I have heard learned counsel for the parties and gone through the papers made available.
4. It is noticed that the multiplier adopted is of the mother of the deceased and it should have been the age of the deceased. The deceased was aged 20 years at the time of his death and the appropriate multiplier is 18. Hence, the same is required to be modified. The income of the deceased has been assessed at Rs.3,000/- and 50% of the same would come to Rs.1,500/-. Hence, loss of dependency would come to Rs.3,24,000/- (1500x12x18) as against Rs.2,23,944/- awarded by the Tribunal. Further, under the conventional heads, Rs.30,000/- is awarded. Thus, the total compensation works out to Rs.3,54,000/-, which shall carry interest @ 6% p.a.
Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal is modified.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE ca