IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.670/2019(MV) BETWEEN:
1 . SRI. S. NOOR MOHAMMED S/O LATE S. MADHAM SAAB NOW AGED ABOUT 52 YEARS R/AT 6-29, PANJANI SATRAM, PEDDAPANJANI VILLAGE & MANDAL CHITTOOR DISTRICT, ANDHRA PRADESH.
2 . SMT. SHAIK SHAMSHAD BHI W/O S. NOOR MOHAMMED NOW AGED ABOUT 47 YEARS R/AT 6-29, PANJANI SATRAM, PEDDAPANJANI VILLAGE & MANDAL CHITTOOR DISTRICT, ANDHRA PRADESH.
3 . MR. S. PAKEER SHA S/O S. NOOR MOHAMMED NOW AGED ABOUT 20 YEARS R/AT 6-29, PANJANI SATRAM, PEDDAPANJANI VILLAGE & MANDAL CHITTOOR DISTRICT, ANDHRA PRADESH. ..APPELLANTS (BY SRI GOPAL KRISHNA N., ADVOCATE) AND:
1. SRI. S. N. THANGAVEL S/O NATESAN MAJOR IN AGE R/AT NO.4-133, AVARANGAMPALAYAM MAVELPALAYAM POST SHANKARI TALUK, SALEM DISTRICT 637301 TAMIL NADU.
2.THE NATIONAL INSURANCE COMPANY LTD., D.O.I, 3RD FLOOR, UNITY BUILDING ANNEXE MISSION ROAD, BENGALURU -560 027 REP. BY ITS MANAGER ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2018 PASSED IN MVC NO.6347/2016 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM., COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 225 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 26.02.2018 passed in MVC No.6347/2016 by the IX Additional Small Causes Judge and XXXIV ACMM, Court of Small Causes, MACT-7, Bengaluru, wherein claim petition came to be allowed in part and an amount of Rs.10,88,400/- with interest at the rate of 9% p.a. from the date of petition till realisation came to be granted to the petitioners. Being not satisfied with the quantum of compensation, petitioners have preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The details of the accident are that on 02.09.2016 at about 8.30 p.m. the deceased Sheik Bava Jan was going towards his residence at Panjani Village, at that time near Mugaleshwara Complex on Panjani-Palamaner Road, one lorry bearing registration No.TN-52-J-2567 came from same direction i.e., back side from Sheik Bava Jan, came to wrong side moved to footpath and dashed violently against him. Petitioner stated that due to impact he knocked down and sustained injuries and succumbed to them on the early hours of 05.09.2016. Petitioners are parents and siblings.
4. Insurance company-respondent No.2 appeared through their counsel and filed objection to claim petition.
5. Learned Member after considering both oral and documentary evidence, granted compensation of Rs.10,88,400/- and break up is as under:
SL.NO. DESCRIPTION AMOUNT 1. Loss of estate Rs. 15,000/-
2. Funeral, obsequies ceremony and conveyance Rs. 15,000/-
3. For loss of dependency Rs.10,58,400/- Total Rs.10,88,400/-
6. Learned counsel for appellants Sri Gopal Krishna N., would submit that the deceased was very young aged 18 years and claimants are parents and siblings. Learned counsel would submit that the Tribunal has considered monthly income at Rs.7,000/- and it should have been considered at Rs.9,000/-.
7. Though the learned Member has considered income at Rs.7,000/- justifiably 40% of future prospects is added to it and gross is considered at Rs.9,800/- and thereafter 50% is deducted towards personal and living expenses.
8. Learned counsel would submit considering dependants who are three in numbers it should have been at 1/3rd. Deduction in respect of personal and living expenses is considered on the basis of marital status of the deceased at the time of death. The deceased in the case is stated to be unmarried. Interest is awarded at the rate of 9% p.a. In the circumstances balance is maintained.
Considering fair and just compensation awarded by the Tribunal, I find interference is uncalled for and there is no need for further proceedings.
Appeal is liable to be rejected at this stage itself and accordingly it is rejected.
Sd/- JUDGE SBN