IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.8052/2015 (MV-D) BETWEEN:
1. SRI.RANGANATH P T S/O LATE THIMMANNA AGED ABOUT 56 YEARS 2. SMT. RATHNAMMA @ NAGARATHNA W/O RANGANATH.P.T. AGED ABOUT 45 YEARS BOTH ARE RESIDING AT PANCHANAHALLI VILLAGE, KADUR TALUK, CHIKAMAGALUR DISTRICT – 577 548 ... APPELLANTS (BY SRI.GOPALAKRISHNA N, ADV.) AND:
1. SRI MALAKONDAIAH S/O ROSAIAH, MAJOR IN AGE, RESIDING AT 3RD CROSS, SUBRAMANYA LAYOUT, VIJINAPURA, R.M. NAGAR, BANGALORE – 560 016.
2. THE NEW INDIA ASSURANCE COMPANY LTD., D.O.6, NO.202, BRIGADE PLAZA, NORTH WING ROAD, 2ND FLOOR, SUBEDAR CHATRAM ROAD, ANAND RAO CIRCLE, BANGALORE – 560 009.
REP: BY ITS MANAGER ... RESPONDENTS (BY SRI. R RAJAGOPALAN, ADV. FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.06.2015 PASSED IN MVC NO.2293/2014 ON THE FILE OF THE XXVI ACMM, COURT OF SMALL CAUSES, MACT (SCCH-09), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The appellants herein were the petitioners before the Motor Accident Claims Tribunal, Bengaluru in MVC No.2293 of 2014. The Tribunal, by its judgment dated 04th June 2015 awarded compensation of Rs.23,70,000/-. Under the head of loss of dependency the compensation awarded is Rs.23,03,000/-.
2. The only ground urged by the learned counsel for the appellants is that the multiplier is to be on the basis of the age of the deceased who was aged 26 years. If that is taken in account, the appropriate multiplier would be 17 and not 14 as adopted by the Tribunal. Hence, the learned counsel seeks to modify the award.
3. The learned counsel appearing for the respondent- insurance company submits to dismiss the appeal.
4. Heard the learned counsel appearing for the parties and gone through the order of the Tribunal. As per the judgment of the Hon'ble Supreme Court in the case of SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION reported in (2009)6 SCC 121 the appropriate multiplier corresponding to the age of deceased, who was 26 at the time of accident, would be 17 and not 14 as adopted by the Tribunal. Accordingly, the calculation would be Rs.18,270/- + Rs.9135 (50% future prospects) + Rs.27,405 x ½ x 12 x 17 = Rs.27,95,310/-. The same is awarded under the head loss of dependency as against Rs.23,03,300/- awarded by the Tribunal. The total enhancement would be Rs.4,92,310/-. The compensation awarded under the other heads remain unaltered. The enhanced amount carries interest at the rate of 6 per cent per annum. Appeal is accordingly disposed of.
lnn Sd/- JUDGE