IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO MISCELLANEOUS FIRST APPEAL No.8294/2010(MV) BETWEEN:
1. Shri Thirumalappa s/o late Shri Pillappa Aged about 46 years.
2. Smt.Thimmakka w/o Shri Thirumalappa Aged about 43 years.
3. Master Lakshmana s/o Shri Thirumalappa Aged about 17 years.
All are r/at Mylandahalli village Kudiyanur Post, Malur Taluk Kolar District. … Appellants (By Sri K V Naik for Sri Shripad V Shastri, Advocates) AND:
1. The Managing Director Bangalore Metropolitan Transport Corporation, Shanthinagar Bangalore-560027.
2. The Divisional Manager United India Insurance Co. Ltd., Divisional Office No.IV No.19-19/1, South End Road Basavanagudi, Bangalore. .. Respondents (By Sri P B Raju, Advocate for R2, Notice to R1 d/w v/c/o dtd:5.11.2013) This appeal is filed under section 173(1) of MV Act against the judgment and award dated 31.5.2010 passed in MVC No.2855/2009 on the file of XII Additional Small Causes Judge and Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for hearing this day, the Court delivered the following:
JUDGMENT This appeal is directed against the judgment and award dated 31.5.2010 passed in MVC No.2855/2009 on the file of XII Additional Small Causes Judge and Member, MACT, Bangalore, wherein the claim petition filed by the claimants/dependents of one T Manjunath, came to be allowed in part.
2. The claimants are the parents and minor brother of the deceased, Manjunath.
3. The incident that led to initiation of proceedings is that, on 5.3.2009, one Manjunath along with two colleagues viz: Navin Kumar and Muninarayana were going to FCPL Factory by walk along left side of Devalapur – Thirumalasetty tar road. When they were proceeding near R R Wines Store Shop, a BMTC bus bearing Regn. No.KA- 05/FA-1145 being driven by its driver in a rash and negligent manner dashed against three persons, as a result of which, the said Manjunath sustained injuries and succumbed to the same.
4. The matter was contested.
5. Considering the accident, aspect of negligence, injuries and oral and documentary evidence, learned Member allowed the petition in part granting the compensation of Rs.3,63,000/- with interest at 6% p.a. The same was challenged before this Court by the claimants, seeking enhancement of compensation.
6. Sri K V Naik, learned counsel for the appellants, submits that the claim petition was preferred under Section 163A of the MV Act, but income assessed by the learned Member is very much on the lower side. The claimants had produced all the documents before the Tribunal to substantiate their claim in the form of documentary evidence Exs.P1 to P13. He submits that the compensation arrived at by the Tribunal needs to be enhanced.
7. Learned counsel for the 2nd respondent would submit that the Tribunal has granted fair and just compensation and there is no merit in the appeal.
8. As could be seen from the judgment, the deceased was aged about 23 years, working as a Feeder at Food Creations Private Limited, Bangalore and drawing a salary of Rs.3,300/- p.m. In the circumstances of the case, since the claim petition was filed under Section 163A of the MV Act, the monthly income would have been considered as Rs.3,300/-
9. Considering the relationship and restrictions, the equation would be Rs.4,75,200/- (3300x12x18x1/3) and the same would be the amount to be awarded towards loss of dependency. Thus, I find that the learned Member was right in allowing the claim petition in part, but erred in granting the compensation. Thus, the claimants are entitled for compensation as under:
(1) Loss of dependency Rs. 4,75,200.00 (2) Conventional heads Rs. 4,500.00 Total Rs. 4,79,700.00 Thus the claimants are entitled for enhanced compensation of Rs.1,16,700/- over and above the compensation awarded by the Tribunal. Accordingly, the following order is passed:
ORDER Appeal is partly allowed. The judgment and award dated 31.5.2010 passed in MVC No.2855/2009 on the file of XII Additional Small Causes Judge and Member, MACT, Bangalore, is modified granting compensation of Rs.4,79,700/- including enhanced compensation of Rs.1,16,700/-. The interest, apportionment and all other terms passed by the Tribunal remains unaltered.
The Insurance company is directed to deposit the compensation amount with interest excluding the amount, if already, deposited before the Tribunal within an outer limit of four months from the date of receipt of the certified copy of this judgment.
The amount in deposit, if any, shall be transmitted to the concerned Tribunal.
The Registry is directed to send the LCR to the concerned Tribunal forthwith.
Sd/- JUDGE Bkm