IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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.6474 OF 2014 (MV) BETWEEN:
1. SUDHA W/O LATE ARUNKUMAR.M AGED ABOUT 27 YEARS, 2. RAHULGOWDA S/O LATE ARUNKUMAR AGED ABOUT 8 YEARS, (REPRESENTED BY HIS NEXT FRIEND APPELLANT NO.1) 3. NAGAMMA W/O T.MANJANNA, AGED ABOUT 52 YEARS, ALL ARE RESIDENT OF RAJAGHATTA EXTENISON, HASSAN DISTRICT – 573 201 ... APPELLANTS (BY SRI.B M MOHAN KUMAR, ADV.) AND:
1. SMT.SUKHALATHA SHETTY W/O THIMMAPPA SHETTY, VIJAYALAKSHMI MOTORS, GANDHINAGARA SAGARA NAGARA, SAGARA TALUK, SHIMOGA DISTRICT – 577 301 2. UNITED INDIA INSURANCE CO. LTD., POST BOX NO.123, CHENNAGIRI ROAD, BHADRAVATHI, SHIMOGA DISTRICT - 577 301 REP. UNITED INDIA INSURANCE CO. LTD., VENKATESHWARA BUILDING NEAR SUVARNA HOTEL, B.M.ROAD, HASSAN – 573 201 ... RESPONDENTS (BY SRI.JANARDHANA REDDY, ADV. FOR R2; R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.05.2012 PASSED IN MVC NO.545/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, HASSAN, 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 Heard the learned counsel for the parties. Appeal is by the claimants seeking enhancement of compensation. For the death of the breadwinner in the road traffic accident that took place on 07th January 2010, the claimants made claim petition before the Additional Senior Civil Judge, Member, Additional Motor Accident Claims Tribunal, Hassan. The Tribunal, by its judgment and award dated 22nd May, 2012 passed in MVC NO.545 of 2010 awarded compensation of Rs.16,25,900/-. Being aggrieved by the same, this appeal is preferred.
2. The learned counsel for the appellant-claimants submits that the Tribunal has not taken the future prospects at 40%. To fortify his submission, he placed reliance on exhibit P15-Income-tax return for the assessment year 2010-2011 and Exhibit P16-statement of income in which it is referred that the income of the deceased was at Rs.1,07,000/- per annum. Though the same is taken for awarding compensation, but the Tribunal has not considered adding of 40% future prospects as held by the Hon'ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI reported in 2017 SCC ONLINE SC 1270. He further submits that under conventional heads only Rs.30,000/- is awarded. It is his further submission that under the head love and affection also what has been awarded is only Rs.30,000/-. Hence, he seeks to enhance the compensation.
Per contra, the learned counsel appearing for the respondent-Insurance supports the award and submits that the compensation awarded by the Tribunal is sound and proper and there is no scope for interference in this appeal.
Heard the learned counsel for the parties. We find that there is some force in the submission of the learned counsel for the appellant-claimants. As per Exhibit P15 the income-tax returns for the year 2010-2011 it is mentioned that the income of the deceased is Rs.1,07,000/- per annum. Hence, the claimants are entitled for future prospects at 40% as per the judgment of the Hon'ble Supreme Court in the case of PRANAY SETHI (supra). If the same is taken, the calculation would be Rs1,49,800/- per annum which comes to Rs.99,867/-. Accordingly the calculation would be Rs.99,867 x 17 which comes to Rs.16,97,739/-. The same is awarded under the head loss of dependency as against Rs.12,12,700/- awarded by the Tribunal. Under the conventional heads, the compensation awarded at Rs.30,000/- is enhanced to Rs.70,000/-. Considering the age of the wife who has become widow at the very young age and also the minor child, we are inclined to award another Rs.70,000/- under the head love and affection. In total, the compensation would be * ` 22,20,939/- rounded off to ` 22,21,000/- as against * Corrected vide Chamber Order dated 27.03.2019 Rs.16,25,900/-. The enhanced amount carries interest at the rate as is awarded by the Tribunal. The apportionment shall also be as per the awarded of the Tribunal. Appeal is allowed in part.
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ACTING CHIEF JUSTICE lnn Sd/- JUDGE