IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.255/2016 (MV) BETWEEN 1. SMT SUNANDA AGED 49 YEARS, W/O LATE RAJU GOWDA, 2. SRI CHIDANANDA AGED 27 YEARS, S/O LATE RAJU GOWDA, 3. SRI SUDHIR AGED 24 YEARS, S/O LATE RAJU GOWDA, 4. SMT. HONNAMMA AGED 71 YEARS, W/O LATE DHOOMA GOWDA ALL ARE R/AT POSALAI, SHIRLAL POST AND VILLAGE, BELTHANGADY TALUK 574214. ... APPELLANTS (BY SRI. PUNDIKAI ISHWARA BHAT, ADV.) AND THE MANAGING DIRECTOR NWKRTC, HUBLI DHARAWAD DIVISION, REP. BY THE DIVISIONAL CONTROLLER, K.S.R.T.C, MANGALORE DEPT., BEJAI, MANGALORE 575004. ... RESPONDENT (BY SRI. D VIJAYAKUMAR, ADVOCATE) * * * THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.07.2015 PASSED IN MVC NO.1109/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, M ACT, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ‘FINAL HEARING’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellants, who are the legal representatives of deceased Raju Gowda, dissatisfied with the amount of compensation awarded by the Tribunal for his death in a motor vehicle accident that occurred on 03.09.2011, have filed this appeal, seeking enhancement.
2. Though the Tribunal has initially awarded a total compensation of Rs.6,13,000-00, after deducting a sum of Rs.15,000-00 which was given as ex-gratia by the KSRTC., it has awarded a sum of Rs.5,98,000-00 as a total compensation.
3. The submission of the learned counsel for the appellants is that the accident occurred during the year 2014 and also made a claim in the application filed that the deceased was earning a sum of Rs.15,000-00 p.m. but, the said fact has not been considered by the Tribunal. The Tribunal has assessed the income of the deceased only at Rs.6,000-00 p.m.
4. The case of the appellants is that though the income certificate has been produced showing the income of the deceased at Rs.15,000-00 p.m., the Tribunal has assessed the income on the basis of the notional income and the year of accident.
5. Heard the learned counsel for respective parties.
6. The accident is of the year 2014 and notional income is to be assessed at Rs.8,000-00 p.m. If, the same amount is taken up for consideration in this case, the loss of dependency would be:
Rs.8,000 x 12 x 1/3 x 11 = Rs.7,04,000-00 Hence, the appellants are entitled to an additional sum of Rs.1,76,000-00 under the head loss of dependency. The compensation awarded under other conventional heads is on the lower side. Hence, an additional sum of Rs.50,000-00 is awarded towards other conventional heads.
In the result, the appeal is allowed in part. In addition to the compensation awarded by the Tribunal, the appellant is entitled to a sum of Rs.2,26,000-00 with interest as awarded by the Tribunal from the date of the petition till its payment.
CT-HR Ksm* Sd/- JUDGE.