IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO MISCELLANEOUS FIRST APPEAL NO.8040 OF 2012 (MV) Between:
1. Sri. Shantharaju, S/o. Late Yellaiah, Aged about 39 years.
2. Sri. Hanumantharayappa, S/o. late Yellaiah, Aged about 36 years.
3. Sri. Krishnamurthy, S/o. late Yellaiah, Aged about 31 years.
4. Sri. Purushothama, S/o. Late Yellaiah, Aged about 24 years.
All are residing at Bhovi Colony, Antharasanahalli Behing KEB, 1st Phase, Tumakuru. …Appellants (By Sri. Jagadish G. Kumar, Advocate for Sri. N. Gopalakrishna, Advocate) And:
1. Smt. Anusuya, W/o. Basavanappa @ Basarajappa, Aged about 43 years, Residing at Paper Town, 1st Cross, 10th Ward, D. No. 1013, Bhadravathi Town.
2. Bajaj Allianz General Insurance Company Ltd., GE Plaza, Airport Road, Yerwada, Pune -411 006. Having Branch Office at Bajaj Allianz Life Insurance Co., Ltd., 2nd Floor, HMR Complex, 30 & 40, Gokul First Stage, 2nd Phase, HMT Main Road, Mathikere, Bengaluru -560 054.
Rep. by its Manager. ... Respondents (By Sri. B. Pradeep, Advocate for R2; R1 is served and unrepresented.) This MFA is filed under Section 173(1) of MV Act against the Judgment and award dated 31.07.2012 passed in MVC No.139/2011 on the file of Presiding Officer, Fast Track Court -II, MACT, Tumkur.
This appeal coming on for hearing this day, the Court delivered the following:
JUDGMENT Appeal is directed against the judgment and award dated 31.07.2012 in MVC No.139/2011 passed by the Presiding Officer, Fast Track Court No.II & MACT, Tumkur, wherein claim petition filed by Shantharaju and three others. The petition was dismissed with costs of Rs.1,000/- payable to Legal Services Authority, Tumkur.
2. In order to avoid confusion and overlapping, the parties are referred in accordance with their ranks in Tribunal.
3. It is the claim of the claimants that on 25.01.2011 at about 10.00 p.m. the deceased A.Y. Lingaraju was proceeding in a lorry bearing Reg. No.
KA-11-3972 from Tumkur Antharasanahally Industrial area to Nilisara Village, Bhadravathi for unloading granites along with his owner as he was working as Granite operator in DACCSS Granite Pvt., Ltd., Tumkur. When they reached near Sulekere Gate, N.H. 206 on Arasikere- Tumkur road, the driver of the lorry drove the said lorry in a very rash and negligent manner with high speed and dashed against the opposite vehicle TATA-407 a goods tempo bearing Reg. No. KA-43-659. As a result, both the vehicles got damaged and the lorry fell on the road side mud and the said A.Y. Lingaraju sustained grievous injuries on head and succumbed to the injuries at the spot. Petitioners 1 to 4 are stated to be the brothers of the said Lingaraju and the compensation is claimed for loss of dependency is Rs.15,00,000/-.
4. However, learned Member found that there was no dependency of claimants on deceased Lingaraju and dismissed the petition with costs, which is challenged in this appeal.
5. Appellant Nos.1 to 4 are Shantharaju aged about 39 years, Hanumantharaju aged about 36 years, Krishnamurthy aged about 31 years and Purushothama aged about 2 years all are married. The deceased stated to be aged 32 years and the appeal is restricted to Rs.40,000/-.
6. The claimants are majors and there are no materials and documents produced to show that they were dependent on the deceased during his life time. However, they are entitled for loss of estate due to the death of deceased Lingaraju, which has not been considered by the Tribunal.
7. Hence, considering the facts and circumstances of the case and the appellants love towards their brother, compensation towards loss of estate has to be considered. As a global compensation Rs.1,50,000/- is awarded by way of loss of estate. Out of which Rs.37,500/- is awarded to each of the claimants.
8. Accordingly the appeal is allowed in part.
Judgment and award dated 31.07.2012 passed in MVC No.139/2011 is hereby set aside by awarding a global compensation of Rs.1,50,000/- with interest at 6% p.a. from the date of filing the claim petition till the date of realisation.
9. The respondent No.2 is directed to deposit the amount including the interest with in 30 days from the date of receipt of certified copy of the judgment.
There shall be no order as to the costs.
Sd/- JUDGE BVK