IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.7441/2012 (MV) BETWEEN:
1. SRI VENKATESHAPPA S/O LATE MUNIYAPPA AGED ABOUT 62 YEARS 2. SMT. SAROJAMMA W/O VENKATESHAPPA AGED ABOUT 55 YEARS ALL ARE R/AT KANNAMANGALA BEVINAMARA COLONY, KANNAMANGALA HOSKOTE TALUK BANGALORE – 560 067 (BY SRI K.T. GURUDEVA PRASAD, ADVOCATE) AND:
1. THE MANAGER QVC REALITY CO. PVT. LTD., NO.89/1, RAJA IKON BUILDING 2ND FLOOR MARATHAHALLI RING ROAD NEXT TO SONY WORLD BANGALORE – 560 037 2. THE MANAGER BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD., GROUND FLOOR NO.31, TBR TOWER 1ST CROSS, NEW MISSION ROAD ... APPELLANTS NEAR BANGALORE STOCK EXCHANGE BANGALORE – 560 027 ... RESPONDENTS (BY SMT. H.R. RENUKA, ADVOCATE FOR R-2; R-1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2012 PASSED IN MVC.NO.3381/2011 ON THE FILE OF MEMBER, MACT AND ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MAYO HALL UNIT, 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 Heard learned counsel for the appellants.
2. The Tribunal, on the basis of Ex.P.12 –pay slip and considering the evidence of P.W.2, assessed the monthly income of the deceased at Rs.10,018/-. The only point arises for consideration in this appeal is that the Tribunal has not considered the future prospects of the deceased while calculating the loss of dependency.
3. The Hon’ble Supreme Court, in the case of NATIONAL INSURANCE COMPANY LIMITED vs PRANAY SETHI AND OTHERS ([2017]16 SCC 680), has held that in case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be taken where the deceased was below the age of 40 years and further, the age of the deceased should be taken to determine the multiplier for calculating the loss of dependency. In this case, the deceased was working as a Supervisor and was aged 26 years at the time of accident. If the ratio in the said decision is applied to this case, 40% of the income would be Rs.4,007/- (10,018x40%) and if Rs.4,007/- is added to Rs.10,018/-, the monthly income would be Rs.14,025/-. If 50% is deducted towards the personal expenses of the deceased and if the appropriate multiplier 17 is applied, then the loss of dependency works out to Rs.14,30,550/- (14,025x50%x12x17).
4. In the result, this appeal is allowed in part. The amount of compensation awarded by the Tribunal under the head ‘loss of dependency’ is enhanced from Rs.6,61,188/- to Rs.14,30,550/-. The amount awarded under the other heads remain undisturbed. Thus, the claimants are entitled for total compensation of Rs.15,24,413/-, which shall carry interest @6% p.a.
Apportionment of the award amount and direction regarding deposit shall be made as per the order of the Tribunal.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv