IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.4357 OF 2012 (MV) BETWEEN:
1. SRIMATI W/O LATE CHANDRAKUMAR AGED ABOUT 41 YEARS 2. MEGHA D/O LATE CHANDRAKUMAR AGED ABOUT 19 YEARS 3. MANDARA D/O LATE CHANDRAKUMAR AGED ABOUT 13 YEARS, SINCE APPELLANT NO.3 IS MINOR, REPT. BY THEIR MOTHER AND NATURAL GUARDIAN THE APPELLANT NO.1 SRIMATI.
ALL ARE R/O 757, 9TH CROSS, VIDYAMANYANAGAR, VISHWANEEDAM POST, BANGALORE - 91.
... APPELLANTS (BY SRI SHRIPAD V SHASTRI, ADV.) AND:
1. SUNIL MAJOR, NO.64, IST MAIN, 6TH CROSS, ITTUMADU LAYOUT, BANASHANKARI III STAGE, BANGALORE - 85.
2. IFFCO TOKYO GEN. INSURANCE CO. LTD., NO.2, IST FLOOR, SNR ARCADE, AYYAPPA TEMPLE ROAD, JALAHALLI CROSS, PEENYA, BANGALORE - 57. BY ITS MANAGER.
3. VASUDEV K.
AGED ABOUT 70 YEARS 4. JANAKI W/O VASUDEV, AGED ABOUT 65 YEARS, BOTH ARE R/O HOSAMANE, KUNDAPUR TALUK, SHEDIMANE VILLAGE, UDUPI DISTRICT.
5. G.K.CHANDRASHEKAR S/O JAVAREGOWDA, THANUSHREE MEDICALS,NO.889, VIDYAMANYA NAGAR, ANDRAHALLI MAIN ROAD, VISHWANEEDAM POST, BANGALORE-91.
6. N.MUNIRAJU S/O NARAYANAPPA, LECTURER, NO.501, IST CROSS, IST MAIN, JAYANAGAR, KOLAR TOWN.
... RESPONDENTS (BY SRI.E I SANMATHI, ADV. FOR R2;
NOTICE TO R1, R3 & R5 ARE DISPENSED WITH; R6 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.8.2011 PASSED IN MVC NO.5081/2008 ON THE FILE OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL & CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
J U D G M E N T The Tribunal awarded compensation by fastening the liability on the owner and the liability was challenged before this Court on an earlier occasion wherein the same was allowed and remanded for fresh consideration to the Tribunal. After having reconsidered, the Tribunal has fixed the liability on the Insurance by its order dated 25th August 2011 passed in MVC No.5081 of 2008. This appeal is filed by the claimants seeking enhancement in compensation.
2. Heard the learned counsel for both the parties. The income has been considered by the Tribunal at Rs.1,77,780/- per annum, but future prospects was not added. In view of the judgment of the Hon'ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI AND OTHERS reported in 2017 SCC ONLINE SC 1270, by considering the age of the deceased 30% is to be added which comes to Rs.53,334/- and the same is added for the purpose of future prospects which comes to Rs.2,31,114/-. Considering the number of claimants, the income is to be deducted at one-fourth which comes to Rs.1,73,336/- and the said amount is the annual dependency. As the deceased was aged 43 years, the relevant multiplier would be 14. Accordingly, the calculation would be Rs.1,77,336/- x 14 comes to Rs.24,26,704/-. The same is awarded under the head loss of dependence. All put together, Rs.70,000/- is awarded under conventional heads. It is made clear that the enhanced amount carries interest at the rate as is awarded by the Tribunal.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE lnn