IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE G.NARENDAR M.F.A. NO.4401/2017 (MV D) BETWEEN:
1. SMT. THIMMAKKA, AGED ABOUT 50 YEARS, W/O SIDDAIAH, 2. SIDDAGANGAMMA, AGED ABOUT 32 YEARS, D/O LATE SIDDAIAH, W/O SHIVARAJU, BIRAGONDANAHALLI, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.
3. NARAYANA, AGED ABOUT 30 YEARS, S/O LATE SIDDAIAH, 4. SHASHIKUMAR, AGED ABOUT 28 YEARS, S/O LATE SIDDAIAH, 5. VENKATAMMA, AGED ABOUT 85 YEARS, W/O LATE GANGAIAH, PETITIONERS NOS.1, 3 TO 5 ARE R/AT MAKENAHALLI, NARASIPUA POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. ... APPELLANTS (BY SRI. SHRIPAD V. SHASTRI, ADV.) AND:
1. ANIL KUMAR.G.
S/O K.C. GANGADHARA, NO.91, OPP: VENKATARAMANA, TEMPLE, FORT, KUNIGAL, TUMKURU DISTRICT. (EXPARTE) 2. THE REGIONAL MANAGER, UNITED INDIA INS. CO. LTD., REGIONAL OFFICE, 5TH FLOOR, KRUSHIBHAVANA, HUDSON CIRCLE, BANGALORE.
MAXI CAB BEARING REG. NO.KA.06.B.4181, POLICY NO.0714833115P112448062 COVERING FROM 24.1.2016 TO 23.1.2017. … RESPONDENTS (BY SRI. JWALA KUMAR FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.04.2017 PASSED IN MVC NO.2152/2016 ON THE FILE OF THE II ADDL.SMALL CAUSES JUDGE AND XXVIII ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Heard the learned counsel for the appellants and the learned counsel for the respondent-insurer.
2. Though the appeal is listed for Admission, with the consent of the counsels, the same is taken up for disposal in view of the short point involved.
3. There is no dispute with regard to the manner in which the accident has occurred or the involvement of the offending vehicle or the liability of the insurer to satisfy the award. There is no dispute with regard to the multiplier also. Learned counsel for the appellants would contend that the only point that requires for consideration is; whether the tribunal was right in adopting and fixing the notional income @ Rs.8,000/- per month. It is fairly submitted by both the counsels that the thumb rule, in the event of income not being demonstrated, the income that can be adopted is the one that is accepted by the insurance companies while disposing off the claim petition by the Lok-Adalath. It is not in dispute that in respect of the disposals by Lok-Adalaths, the notional income in respect of the accident and claim arising in 2016 is adopted and fixed at Rs.9,500/-. Hence, the appellants-claimants would be entitled to enhanced award of Rs.84,000/- under the head of loss of dependency along with interest calculated @ 6% p.a. from the date of petition till the date of realization.
4. The respondent-insurer shall deposit the enhanced award along with proportionate interest within six weeks from the date of receipt of the certified copy of this order. Accordingly, appeal is partly allowed.
Office to draw-up decree accordingly.
Sd/- JUDGE Chs*