IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.4674 OF 2010 (MV) BETWEEN:
SMT. SUNANDAMMA W/O. LATE GIRIGOWDA, AGED ABOUT 40 YEARS, RESIDING AT SARAKKI, KANAKAPURA MAIN ROAD, BANGALORE - 560 078 (BY SRI.M.L.GOWDA, ADV.) AND:
1. SRI.SADAKSHARAIAH S/O.VEERANNA, MAJOR, R/AT SATHNUR VILLAGE, SATHNUR HOBLI, KANAKAPURA TALUK, OWNER OF THE VEHICLE.
(MAXI CAB KA-05 6006) 2. SRI. L.SHANKAR RAO, S/O. LAKSHMANA RAO, MAJOR, R/O BANANATAMARAMMA, LAYOUT, KANAKAPURA TOWN, BANGALORE RURAL DISTRICT. DRIVER OF THE VEHICLE MAXI CAB KA-05 6006 3. UNITED INDIA INSURANCE CO. LTD., ...APPELLANT REGIONAL OFFICE NO.25, (POLICY NO.00715) S.N. BUILDING, MG ROAD, BANGALORE.
... RESPONDENTS (BY SRI.GIRISH B.BALADARE, ADV. FOR R1; SRI.S.KRISHNA KISHORE, ADV. FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.12.2005 PASSED IN MVC NO.382/1999 ON THE FILE OF XII ADDITIONAL JUDGE & MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The claimant made claim petition for the death of the breadwinner in road traffic accident on 16 March 1988. The Tribunal by its judgment and award dated 01st December 2005 passed in MVC No.382 of 1999 awarded compensation of Rs.3,71,600/- with interest at 6% per annum and has fastened the liability on the owner. Against the same this appeal is filed seeking to fasten the liability on the insurance as well as prayer is made seeking enhancement of compensation.
2. Heard the learned counsel for the parties. The liability is fastened on the owner only for the reason that the policy number of the vehicle which involved in the accident has been wrongly referred in the motor accident claims report made by the police in which the policy number has been referred as 88715 dated 18th May 1988 whereas the policy issued is in respect of vehicle and the number is 00715 for the period 11th May 1997 to 10th May 1998. This policy was not produced before the Tribunal which has resulted in disbelieving the case of the claimant with regard to liability and has resulted in fastening the same on the owner of the vehicle. Though I do not find any error committed by the Tribunal, it is failure on the part of the claimant as well as the insurance, in not placing reliance and accordingly the liability has been fastened on the owner. Under the circumstances it is to be held that the order of the Tribunal is to be modified and the liability is to be fastened on the insurer to satisfy the award. The policy number is 00715 in respect of the vehicle in question. The police have committed an error in mentioning the policy number as 88715. The digits ‘00’ looks as ‘88’. Under the circumstance the order of the Tribunal stands modified with a direction to the insurer to satisfy the award.
3. As regards enhancement of compensation is concerned it is seen that the deceased was aged 28 years at the time of accident. Though the income was claimed at Rs.10,000/- per month but the Tribunal has selected the income at Rs.2700/- per month since the occupation of the deceased was not proved. In this regard a notional income is to be selected with reference to the year of accident of 1998 and considering the age of the deceased and place of residence and also the standard of living prevailing then, the income of the deceased is to be assessed. Consideration is also on the status of the deceased wife who became widow at the young age of 28 years. Hence it is presumed that the deceased was capable of earning a decent income on the day of accident and that is why he was married at early age. Considering all these aspects of the matter, I deem it fit to take the notional income at Rs.7,500/- per month. The Tribunal has selected the multiplier of 16 which is an error. In the instant case, the proper multiplier would be 17, accordingly the same is taken. Hence the calculation would be Rs.7500/- x 12 x 17 x ⅓ Which comes to Rs.10,20,000/-. The same is awarded under the head loss of dependency as against Rs.3,45,600/- awarded by the Tribunal. Under conventional heads all put together Rs.70,000/- is awarded. The appeal is partly allowed.
Sd/-
ACTING CHIEF JUSTICE lnn