IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.5955 OF 2015 (MV) BETWEEN:
1. Mrs. SUMANA A PRABHU AGED ABOUT 70 YEARS WIFE OF LATE H ANANTHADAS PRABHU 2. SRI KRISHNANAD PRABHU AGED ABOUT 33 YEARS SON OF LATE H ANANTHADAS PRABHU R/AT NO 203/4 2ND CROSS, 9TH MAIN ROAD AICOBOO NAGAR, BTM LAYOUT 2ND STAGE, BENGALURU – 560076.
(By Sri.MAHENDRA.S.S, ADVOCATE) AND 1. IFFCO TOKIO GEN INS CO LTD NO.41, 2ND FLOOR, NEXT TO MANDOVI MOTORS CRISTU COMPLEX BENGALURU - 560001 2. MR. ROOPESH KUMAR P AGED ABOUT 25 YEARS SON OF PURUSHOTHAM NAIDU ... APPELLANTS RESIDING AT NO 7 16TH MAIN ROAD 20TH CROSS, BTM LAYOUT 2ND STAGE, BENGALURU – 560076.
... RESPONDENTS (By Sri.H.N.KESHAVA PRASHANTH, ADVOCATE FOR R1 NOTICE TO R2 DISPENSED WITH VIDE ORDER DT. 4.4.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.12.2014 PASSED IN MVC NO.2915/2012 ON THE FILE OF THE 18TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Wife and son of the deceased H. Ananthadas Prabhu filed the claim petition claiming compensation for the accident occurred on 04.11.2011 and deceased was aged about 74 years at the time of accident and he was a retired Canara Bank employee. Claimants claim that deceased was doing share business and earning Rs. 55,000/- per month and he was an income tax assessee. He filed income tax returns for the year 2010-2011. Ex.P.25 is income tax returns for the year 2010-11 which the claimants rely for proving income of the deceased and claim that the Tribunal has committed an error by not considering the same and taking only Rs.10,000/- p.m. for calculating loss of dependency.
2. It is submission of the learned counsel for the respondent-Insurance company that the Tribunal has rightly taken income of the deceased. He further referring to Ex.P.25 submits that deceased was retired about 15 years before the accident and Ex.P.25 income tax returns is of the year 2010-11. In Ex.P.25 income tax return statement mentions only the income from other sources to an extent of Rs. 3,00,000/- and house income of Rs.56,000/- and hence the Tribunal assessed income of the deceased at Rs.10,000/- per month which is sound and proper and he requests to dismiss the appeal.
3. Heard the learned counsel for both the parties and perused the records.
4. Ex.P.25 income tax returns goes to show that there is a mention of income from other sources which is sufficient for inference that he was earning some amount if not Rs.55,000/- per month as it is claimed from the claimants. Under these circumstances, I am inclined to award Rs.4,00,000/- as global compensation in addition to the compensation what has been awarded by the Tribunal. It is made clear that enhanced compensation does not carry any interest. Further, the order passed by the Tribunal as regards pay and recovery, stands confirmed. Amount, if any, in deposit be transmitted to the Tribunal forthwith. Entire amount to be credited to the account of the claimant- wife.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE HR