IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA.NO.1822/2012 (MV, D) BETWEEN:
1. SRI N.RAMAIAH S/O LATE N.CHANNAIAH, AGED ABOUT 65 YEARS, NO.6, 3RD CROSS, DODDABOMMASANDRA, BANGALORE-79.
2. SMT.KEMPAMMA W/O N.RAMAIAH, AGED ABOUT 55 YEARS, NO.6, 3RD CROSS, DODDABOMMASANDRA, BANGALORE-79.
... APPELLANTS (BY SMT. ARCHANA MURTHY P., ADV., FOR SRI S.DORAI BABU ASSOCIATES, ADVS.,) AND:
1. SHAFIULLA BAIG S/O LATE RAHIM BAIG, AGE MAJOR, R/A NO.751, LABOUR COLONY, MARUTHI NILAYA, HALHALLLI EXTENSION, NEAR MUSLIM BLOCK, DISTRICT: MANDYA.
2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO., LTD., DO-V, NO.25, SHANKAR NARAYAN BUILDING, M.G.ROAD, BANGALORE-01.
... RESPONDENTS (BY SRI O.MAHESH, ADV., FOR R2 R1-SERVICE OF NOTICE IS DISPENSED WITH V/C/O DT:14.2.2014) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.10.2011 PASSED IN MVC.NO.4590/2009 ON THE FILE OF MEMBER, MACT, X ASCJ AND XXXV ACMM, 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 This appeal is preferred by the claimants/parents of the deceased by name Harish who died in a road traffic accident on 23.04.2009, involving a goods tempo bearing registration No.KA-11-7253 and motor cycle bearing registration No.KA-04-EW-9086. The claimants are seeking enhancement of compensation awarded to them by the Tribunal in MVC.No.4590/2009.
2. It is the case of the claimants that on 23.04.2009 at about 11.45 pm., the driver of the goods tempo bearing registration No.KA-11-7253, drove the said tempo in a rash and negligent manner on Outer Ring Road and dashed against the motorcycle bearing registration No.KA-04-EW- 9086 at BEL Circle. As a result of which, the deceased who was riding the said motor cycle fell on the road and sustained injuries and later succumbed to the injuries on 24.04.2009 at M.S.Ramaiah Hospital. It is the further case of the claimants that the deceased was aged about 22 years and he was working in a Call Centre as an executive and drawing a salary of Rs.12,000/- per month and he was the sole bread winner of the family.
3. The claim petition was filed claiming a total compensation of Rs.15,00,000/-. On behalf of the claimants, two witnesses were examined as PWs.1 and 2 and Exs.P.1 to P.13 were got marked. The claim petition was contested by the Insurance Company/respondent No.2. However, no witnesses were examined on behalf of the respondents.
4. The Tribunal, considering the evidence and material on record awarded a total compensation of Rs.5,66,200/- with interest at 8% pa., on Rs.5,31,100/- from the date of petition till payment and held that the respondent Nos.1 and 2 before the Tribunal are jointly and severally liable to pay the compensation.
5. I have heard the learned counsel for the appellants and the learned counsel for respondent No.2/Insurance Company.
6. It is the contention of learned counsel for the appellants that the deceased was a young boy aged 22 years and he was the only son to his parents and he was earning a sum of Rs.12,000/- per month, which is proved from the appointment letter at Ex.P.10. However, the Tribunal has taken the income at Rs.4,500/-, which is on the lower side. It is the further contention that, the Tribunal has awarded a meager compensation under the other heads namely transportation of dead body, funeral expenses, love and affection and loss of estate. Therefore, the learned counsel submits that the compensation awarded by the Tribunal may be enhanced and the appeal may be allowed.
7. Per contra, the learned counsel for respondent No.2/Insurance Company would contend that the claimants have failed to establish the income of the deceased and therefore, the Tribunal was right in taking the income of the deceased as Rs.4,500/- per month. It is the further contention that the compensation awarded towards loss of dependency and on other heads are just and proper and does not call for interference. Accordingly, he seeks dismissal of the appeal.
8. It is the case of the appellants that the deceased met with an accident on 23.04.2009 while he was riding the motor cycle on account of the rash and negligent driving by the driver of the goods tempo bearing registration No.KA-11-7253. Later deceased succumbed to the injuries on 24.04.2009. The Tribunal after considering the documents at Exs.P.1 to P.5 has come to the conclusion that the accident was solely on account of rash and negligent driving by the driver of the goods tempo. The said finding of the Tribunal is based on the evidence on record. The goods tempo was insured with 2nd respondent as such liability of the 2nd respondent to pay the compensation is also not in dispute.
9. It is the contention of the learned counsel for the appellants that in view of the pay slip and appointment letter produced at Exs.P.10 and P.12, the deceased was earning a salary of Rs.72,000/- per annum and therefore, the Tribunal has erred in not taking into consideration the said appointment letter. The appointment letter is marked as Ex.P.10 which shows that the income of the deceased was Rs.72,000/- per annum. The Tribunal after holding that the author of Ex.P.10 was not examined, refused to accept Ex.P.10 – appointment letter.
10. Apart from the appointment letter at Ex.P.10, the claimants have produced the ID card of the deceased. The Tribunal has taken the monthly income of the deceased as Rs.4,500/-. In the absence of any corroborative piece of evidence to prove that the deceased was actually earning Rs.72,000/- per annum, the income of the deceased as pleaded by the appellants cannot be accepted. However, considering the facts and circumstances of the case, I deem it proper to take the income of the deceased at Rs.5,000/- per month. The claimants are also entitled for compensation towards future prospects, which is another 50% of the income of the deceased. Accordingly, after deducting 50% towards personal expenses, the compensation towards loss of dependency comes to Rs.8,10,000/- (Rs.3,750/- x 12 x 18).
11. The Tribunal has awarded a sum of Rs.10,100/- towards medical expenses as against the medical bills of Rs.11,026/-. The claimants are entitled for Rs.11,026/- towards medical expenses. The Tribunal has awarded total compensation of Rs.35,000/- towards funeral expenses, transportation of dead body, love and affection and loss of estate. The same is required to be enhanced and a sum of Rs.70,000/- is awarded under the said heads. The compensation of Rs.35,100/- is awarded towards damage caused to the vehicle, which is unaltered. Hence, the claimants are entitled for a total compensation of Rs.9,26,126/-, which is rounded off to Rs.9,27,000/- as against Rs.5,66,200/- awarded by the Tribunal. Accordingly, I pass the following ORDER The appeal is partly allowed.
The claimants are entitled for a total compensation of Rs.9,27,000/- with interest at 8% per annum on Rs.8,91,900/- from the date of petition till payment.
Respondent No.2/insurer shall deposit the amount within a period of four weeks from the date of receipt of a copy of this judgment.
Sd/- JUDGE PB