IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L NARAYANA SWAMY MFA No.1932/2016 (MVC) BETWEEN;
1. TYARAMALLAPPA S/O LATE NARASAPPA AGED ABOUT 52 YEARS.
2. SMT. RATHNAMMA @ MEDY RATHNAMMA W/O THYARAMALLAPPA AGED ABOUT 47 YEARS 3. KAVITHA T D/O TYARAMALLAPPA AGED ABOUT 20 YEARS ALL RESIDING AT AGALI MADAKASHIRA TALUK ANANTHAPURA DISTRICT ANDHRA PRADESH STATE NOW ALL R/O BANNI NAGAR SHIRA TOWN, TUMKUR DISTRICT PIN: 572 137. .. APPELLANTS (By Sri NAGARAJAPPA S H, ADVOCATE) AND DISTRICT CONTROLLER KSRTC, TUMKUR TUMKUR DIVISION. .. RESPONDENT (By Sri G SHANKAR GOUD, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 9.1.2015 PASSED IN MVC NO.163/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, SIRA, 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 This appeal is filed by the claimants challenging the judgment and award dated 9.1.2015 passed in MVC No.163/2014 on the file of the Senior Civil Judge, Additional MACT, Sira seeking enhancement of compensation.
2. There is no dispute regarding the death of Maruthy in a road traffic accident occurred on 19.3.2013 by involvement of motorcycle and a KSRTC bus bearing Regn. No.KA-06-F-0521.
3. The claimants in support of their contention contended that the deceased was working as a driver and earning Rs.15,000/- p.m. There is no proof of avocation and income of the deceased. The contention of the claimants that the deceased working as driver and earning a sum of Rs.15,000/- p.m. and the same is not established by adducing any cogent material documentary evidence. The compensation awarded by the Tribunal is meager.
4. The learned counsel for the appellants submitted that the compensation awarded by the Tribunal is on the lower side. It is further submitted that insofar as the multiplier is concerned, younger age would be taken in view of the judgment of the Hon’ble Supreme Court in the case of National Insurance Company Limited –vs- Pranay Sethi and others reported in 2017 SCC online SC 1270.
5. The leaned counsel for the respondent/Corporation supports the judgment of the Tribunal and prays to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
6. I have heard the learned counsel appearing for both sides. The compensation awarded under the heads seems to be little meager.
7. Wherever the income is not proved, the same is to be considered based on residence of the claimants, year of accident etc. For the said purpose, in the aforesaid judgment, the Hon’ble Supreme Court has discussed at para-57, wherein it has been held that the year of accident, price index, fall in bank interest, escalation of rates in many a field have to be noticed. In the light of the above, considering the age of the deceased as 30 years, year of accident as 2013, in view of the absence of the avocation and the income of the deceased, notional income could be assessed at Rs.8,000/- p.m. Multiplier applicable to his age group is ‘17’. The claimants are the parents and sister of the deceased. They are three in numbers. Therefore, 1/3rd of the income of the deceased has to be deducted towards personal expenses of the deceased and remaining 2/3rd has to be taken as contribution of the deceased to his family. Thus, loss of dependency would work out to Rs.10,90,000/- (8,000 x 2/3 x 17 x 12) and it is awarded as against Rs.3,96,000/- awarded by the Tribunal.
8. As per the latest judgment of Hon’ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi, (2017 SCC Online SC 1270) (supra), a sum of Rs.70,000/- is awarded under the conventional heads against Rs.59,000/-. The claimants are entitled to compensation of Rs.11,60,000/-.
9. Thus, the claimants are entitled for the following compensation:-
Accordingly, the appeal is allowed-in-part. The judgment and award dated 9.1.2015 passed in MVC No.163/2014 on the file of the Senior Civil Judge, Additional MACT, Sira,, stands modified.
Apportionment, deposit and release of compensation amongst the claimants shall be done in the ratio of award of the Tribunal.
The amount deposited by the KSRTC is ordered to be transmitted to the Tribunal for disbursement.
Sd/- JUDGE Bkm