IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL No. 5743 OF 2016(MV) BETWEEN:
1. Revanna, S/o Late.Thimmaiah, Aged 55 years 2. Smt.Lakkamma, W/o Revanna, Aged 46 years Both are R/at #15, Kariyappanapalya, Dodderi Dakhle, Chikkanahalli Post, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru – 562130.
(By Sri.Sridhar.D.S, Advocate) AND:
1. M/s United India Insurance Co. Ltd., V & VI Floors, Krushi Bhavan Building, ... Appellants Hudson Circle, Bengaluru – 560001.
Represented by its Manager.
2. M.Viswanath S/o C.Murugaiah, Major, R/at No.20, LIC Law House, 25th Main, 1st Phase, J.P.Nagar, Bengaluru – 560008.
(By Sri.N.S.Bhat, Adv. for R2 Sri.B.C.Seetharama Rao, Adv. for R1 ) ... Respondents This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 23.04.2016 passed in MVC No.2691/2015 on the file of the 7th Additional Judge, 32nd ACMM, Court of Small Causes, Member, MACT-3, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Miscellaneous First Appeal coming on for final hearing, this day, the Acting Chief Justice, delivered the following:
JUDGMENT Heard learned counsel for both the parties.
2. The appellants have filed this appeal seeking enhancement of compensation against the judgment and award dated 23.04.2016 passed by the VII Additional Judge, Court of Small Causes, Member, MACT-3, Bangalore, in MVC No.2691/2015.
3. The case of the appellants is that on 26.06.2015 at about 9.00 p.m. when the deceased Manjunath was riding a motor bike bearing No.KA-41-S-817, on Heggalur Dodderi Road, Muthurayanapura village, near Muthurayanaswamy temple in order to go to Heggavala village, at that time, a lorry bearing No.KA-05-D-108 driven by its driver in a high speed and in a rash and negligent manner came from opposite direction and took extreme right side of the road in order to over take the vehicle in front and dashed against the motor bike. As a result, Manjunath fell down and sustained grievous injuries and took treatment at hospital and ultimately he succumbed to the injuries. The Tribunal has awarded compensation of Rs.6,32,000/- with costs and interest at 6% p.a. from the date of petition till its deposit.
4. Learned counsel for the appellants/claimants contended that the Tribunal has assessed the income of the deceased on lower side and further submits that the compensation awarded towards conventional heads is also meager and the Tribunal ought to have adopted multiplier ‘18’ instead of ‘17’.
5. Learned counsel for the respondent No.1- Insurer contended that the income of the deceased may be taken at Rs.9,000/- p.m.
6. The occurrence of accident and death of the deceased on account of the injuries sustained by him are not in dispute. The grounds by the learned counsel for the appellants is to assess the income of the deceased at Rs.15,000/- p.m. since he was an electrician. In the absence of proof of the income, the Tribunal has taken notional income of the deceased at Rs.6,000/- p.m., which according to us has to be enhanced as is consistently held by this Court at Rs.15,000/- p.m. taking into consideration the avocation, year of accident and number of dependents and place of residence and since the deceased was a bachelor 50% of the same is deducted towards his personal expenses adopting the multiplier ‘18’. So, the ‘loss of dependency’ would work out to Rs.16,20,000/- (Rs.15,000 x 50% = 7,500 x 12 x 18). Future prospects is not considered since monthly income is assessed at Rs.15,000/- p.m.
7. The Tribunal has awarded Rs.20,000/- towards ‘Transportation of dead body and funeral expenses’ and Rs.20,000/- towards ‘loss of estate’. The Tribunal has not awarded any amount towards ‘love and affection’ Hence, Rs.40,000/- is awarded towards the same. Hence, the total compensation would come to Rs.16,60,000/-.
8. Accordingly, we proceed to pass the following:
ORDER The appeal is allowed in part.
The impugned judgment and award dated 23.04.2016 passed in MVC 2691/2015 on the file of VII Additional Judge, Court of Small Causes, Member, MACT-3, Bangalore, is hereby modified by awarding total compensation of Rs.16,60,000/- as against Rs.6,32,000/-. The enhanced compensation of Rs.10,28,000/- shall carry interest @ 6% p.a. from the date of petition till the date of realization.
Respondent No.1-Insurance Company is directed to deposit the enhanced compensation of Rs.10,28,000/- with interest within three weeks from the date of receipt of copy of this judgment and on such deposit, the same shall be disbursed to the claimants in terms of the award. However, the impugned judgment and award, in so far as deposit is concerned, shall remain unaltered. The amount, if any, already deposited, shall be adjusted. The amount in deposit, if any, before this Court shall be transmitted to the Tribunal forthwith.
Office to draw the decree accordingly.
Sri. B.C.Seetharama Rao, learned counsel is permitted to file power on behalf of respondent No.1- Insurance Company within two weeks.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE TL