IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MR. JUSTICE B MANOHAR MFA No.5094/2012 (MV) BETWEEN 1. SMT SULOCHANI W/O VISHWANATH SHETTY AGED ABOUT 43 YEARS.
2. MR VISHWANATH SHETTY S/O LATE SANKAPPA SHETTY, AGED ABOUT 52 YEARS.
3. MAMATHA SHETTY D/O VISHWANATH SHETTY, AGED ABOUT 25 YEARS, 4. SHWETHA SHETTY D/O VISHWANATHA SHETTY, AGED ABOUT 23 YEARS, ALL ARE R/A D NO 2-32/14, VIJAYANAGARA HOUSE, ALPE VILLAGE, MANGALORE D.K PIN – 575008. .. APPELLANTS (By Sri G RAVISHANKAR SHASTRY, ADVOCATE) AND 1. MR JAYANTH KUMAR S/O K POOVAPPA, MAJOR, R/AT SRI BHAVANI KRIPA, PADIL BAJAL, BAJAL VILLAGE, MANGAORE TALUK D K – 575 006.
2. THE ORIENTAL INSURANCE CO. LTD., BEAUTY PLAZA, BALMATA ROAD, MANGALORE D K REP BY ITS BRANCH MANAGER PIN – 575 001.
3. MRS ANGELINE CRASTA W/O VICTOR CRASTA, MAJOR, R/AT KEMBAR HOUSE, ALAPE VILLAGE, PADIL, MANGALORE D.K PIN – 575 006.
4. UNITED INDIA INSURANCE COMPANY LTD., SALDHNA BUILDING, BRIDGE ROAD, BALMATA, MANGALORE, D K REP. BY ITS BRANCH MANAGER, PIN – 575002. .. RESPONDENTS (By Sri R RAJAGOPALAN, ADVOCATE FOR R2, R1, R3 & R4 – SERVED UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.10.2011 PASSED IN MVC NO.159/2009 ON THE FILE OF I ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT-III, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT The appellants are the claimants. Being not satisfied with the quantum of compensation awarded in the judgment and award dated 24th October, 2011 passed in MVC No.159/2009 by the Motor Accident Claims Tribunal, Mangalore (for short `Tribunal’), they have filed this appeal seeking for enhancement of compensation.
2. The appellants are the parents and sisters of the deceased, Jeevan V Shetty. They filed a claim petition contending that on 15.12.2008 at about 8.15 a.m, while the deceased Jeevan V Shetty was traveling in a bus bearing Registration No.KA-19/C 3335 from Bajal to Mangalore, near Amar Alva bus-stand, when he was getting down from the bus, the driver of the bus without seeing the same moved the bus in a rash and negligent manner. Due to that, the claimant fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to Omega Hospital, Mangalore. In spite of best treatment, he succumbed to the injuries on 18.12.2008. The claimants had spent a sum of Rs.80,000/- towards medical expenses. Hence, they filed the claim petition invoking Section 163-A of the Motor Vehicle Act claiming that the deceased was working as Paper Cutting worker at Canara Printers, Mangalore and earning Rs.3,300/- per month.
3. The Insurance Company defended the case by filing written statement.
4. After trial, the Tribunal held that while the deceased Jeevan V Shetty was getting down from the bus at Amar Alva bus-stand, the driver moved the bus. Due to that, the deceased fell down and sustained injuries. The police had registered the case against the driver of the bus. The evidence on record clearly discloses that deceased Jeevan V Shetty died due to falling from the bus. Hence, the claimants are entitled to compensation. The Tribunal taking into consideration the income of the deceased as Rs.3,000/- per month, taking the age of the mother of the deceased, applying multiplier 15 and deducting 1/3rd towards personal expenses awarded a sum of Rs.3,60,000/- towards `loss of dependency’ and Rs.4,500/- towards conventional heads. In all, a sum of Rs.3,64,500/- with interest at 6% p.a. has been awarded by the Tribunal. The claimants being not satisfied with the quantum of compensation have preferred this appeal.
5. I have carefully considered the arguments addressed by Sri G Ravishankar Shastry, learned Advocate appearing for the appellants and Sri R Rajagopalan, learned Advocate appearing for respondent No.2, perused the judgment and award and oral and documentary evidence.
6. The main dispute in this appeal is only with regard to quantum of compensation.
7. The contention of the appellants is that though the deceased was earning Rs.3,300/- per month, the income of Rs.3,000/- taken by the Tribunal is contrary to law. Further, as per the judgments of the Hon’ble Supreme Court reported in (2012) 11 SCC 378 in the case of Amrit Bhanu Shali –vs- National Insurance Company Ltd. and (2015) 6 SCC 347 in the case of Munnalal Jain and anr. –vs- Vipin Kumar Sharma and ors., the Tribunal ought to have taken into consideration the age of the deceased while awarding the compensation. Further, under Schedule-II of M V Act, the age of the victim has to be taken into consideration. In the instant case, the age of the mother of the deceased taken by the Tribunal is contrary to law. Though the claimants claimed that the deceased was earning Rs.3,300/- per month as a Paper Cutting worker at Canara Printers, Mangalore, no document was produced to substantiate the same. The accident occurred in the year 2008. The income of Rs.3,000/- per month taken by the Tribunal is in accordance with law. Further, as per Schedule-II of the MV Act, the Tribunal ought to have taken the age of the deceased while applying the multiplier. In the instant case, taking the age of the mother of the deceased is contrary to law. Hence, taking the income of the deceased as Rs.3,000/- per month, applying the multiplier 18 and deducting 1/3rd towards personal expenses, the claimants are entitled to Rs.4,32,000/- towards `loss of dependency’ as against Rs.3,60,000/- awarded by the Tribunal. Further, the claimants are entitled to Rs.4,500/- towards conventional heads. In all the claimants are entitled to Rs.4,36,500/- with interest at 6% p.a, thereby the claimants are entitled to enhanced compensation of Rs.72,000/- Accordingly, I pass the following:
ORDER Appeal is allowed in part. The judgment and award dated 24th October, 2011 passed in MVC No.159/2009 by the Motor Accident Claims Tribunal, Mangalore, is modified. The claimants are entitled to compensation of Rs.4,36,500/- with interest at the rate of 6% p.a. as against Rs.3,64,500/- awarded by the Tribunal.
Bkm.
Sd/- JUDGE