IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.6307 OF 2017 [MV] BETWEEN 1. SMT. SUVARNAMMA, W/O. LATE SRINIVASA, NOW AGED ABOUT 50 YEARS, 2. K.S.KIRAN KUMAR, S/O. LATE SRINIVASA, NOW AGED ABOUT 23 YEARS, 3. K.S.KAVYA, D/O. LATE SRINIVASA, NOW AGED ABOUT 21 YEARS, ALL ARE R/O. K.R.HALLY, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 599. ... APPELLANTS [BY SRI.RANGEGOWDA N.R., ADVOCATE] AND 1. ANJINAPPA K., S/O. HALAPPA B., AGED MAJOR, R/O. SOKKE VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT.
2. THE AUTHORIZED MANAGER, IFFCO-TOKIO GENERAL INSURANCE CO. LTD., C/O. PCA AND RD BANK LTD., NO.7/432, K.B. EXTENSION, LAWYER ROAD, DAVANAGERE. ... RESPONDENTS [BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R2.
NOTICE TO R1 IS DISPENSED WITH VIDE COURT ORDER DATED 05.12.2017] * * * THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.06.2017 PASSED IN MVC NO.1037/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDITIONAL MACT., HIRIYUR, 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 Though this appeal is listed for admission, the same is taken up for final disposal at the consent of both the learned counsel.
2. This appeal is filed by the claimants, seeking enhancement of compensation. The claimants are the wife, son and daughter of the deceased Srinivasa, who died in a road traffic accident.
3. The case of the appellants is that;
On 20.02.2015 at 7.00 p.m., the deceased was traveling on a motorcycle bearing reg. No.KA-16/EC-3708 and when he was near Gorladaku Gate village, the driver of the TATA Indica car bearing reg. No.KA-17/A-7713 drove the said car in a rash and negligent manner and dashed against the motorcycle. As a result of which the deceased fell down and sustained severe injuries and he was shifted to Government Hospital at Hiriyur. The deceased was later referred to NIMHANS Hospital at Bengaluru and on transit to NIMHANS Hospital, he succumbed to the injuries. The claim petition was filed seeking a total compensation of Rs.41,00,000/-.
Before the Tribunal, the wife of the deceased was examined as P.W.1 and another witness was examined as P.W.2. Exs.P1 to 8 were got marked.
The claim petition was refuted by the Insurance Company. R.Ws.1 and 2 were examined on behalf of the respondents and Exs.R1 to 6 were marked in their evidence.
The Tribunal after considering the evidence and material on record awarded a total compensation of Rs.5,65,956/- under the following heads:
Particulars Amount in Rs.
4. Assailing the aforesaid Judgment and Award passed by the Tribunal, the learned counsel for the appellants would submit that the deceased was an agriculturist and he had an income of Rs.2,00,000/- p.a. and the family members were solely depending upon his earning. He submits that the income of Rs.5,000/- p.m. taken by the Tribunal is on a lower side. He further submits that the Tribunal has awarded a meagre amount under conventional heads and therefore, he seeks for enhancement of the compensation amount.
Per contra, learned counsel for the Insurance Company vehemently contended that the claimants have utterly failed to establish the income of the deceased and the Tribunal has rightly taken the notional income at Rs.5,000/- p.m. He submits that the compensation awarded is just and reasonable and there are no grounds to interfere with the findings recorded by the Tribunal and accordingly, seeks to dismiss the appeal.
5. The accident in question involving the TATA Indica car bearing reg. No.KA-17/A-7713 and the actionable negligence on the part of the driver of the said car are not in dispute. The offending vehicle was insured with the 2nd respondent herein.
6. The wife of the deceased has been examined as P.W.1. According to her, the deceased had an income of Rs.2,00,000/- p.a. as an agriculturist. Ex.P8 is the pahani, which shows that the deceased was owning 2 acres of land in Sy. No.24/3 at K.R.Halli village. However, there is no evidence with regard to the definite income of the deceased. Considering the facts and circumstances of the case and also the year of the accident, I deem it proper to assess the income of the deceased at Rs.9,000/- p.m. as against Rs.5,000/- p.m. assessed by the Tribunal.
7. The deceased was aged about 52 years and therefore, appropriate multiplier applicable is ‘11’. 10% of the income has to be added towards future prospects and after deducting 1/3rd towards personal expenses of the deceased, the claimants are entitled for a total compensation of Rs.8,71,200/- towards loss of dependency [Rs.9,000 + 900 = Rs.9,900 – 3,300 = Rs.6,600 x 11 x 12]. A sum of Rs.70,000/- is awarded under the conventional heads. Therefore, the claimants are entitled for a total compensation of Rs.9,41,200/- as against Rs.5,65,956/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is allowed in part. The Judgment and Award dated 22.06.2017 passed in MVC No.1037/2015 on the file of the Senior Civil Judge and Additional MACT., Hiriyur is hereby modified.
The appellants are entitled for a total compensation of Rs.9,41,200/- as against Rs.5,65,956/- awarded by the Tribunal. The enhanced compensation of Rs.3,75,244/- shall carry interest at the rate of 6% p.a. from the date of the petition till realization.
Respondent No.2/Insurance Company shall deposit the amount within a period of four weeks from the date of receipt of a copy of this Judgment.
The apportionment and disbursement of the compensation amount shall be as per the Award passed by the Tribunal.
Sd/- JUDGE.
Ksm*