IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.9341 OF 2012 [MV] BETWEEN 1. SMT. VALLI, W/O. LATE AYYAPPA, AGED ABOUT 28 YEARS, 2. BABY P.B. BHUMIKA, D/O. LATE AYYAPPA, AGED ABOUT 5 ½ YEARS, 3. MASTER BHARATH, S/O. LATE AYYAPPA, AGED ABOUT 3 ½ YEARS, ALL THE PETITIONERS ARE C/O. PAPAREDDY BUILDING, GOVINDASHETTY PALYA, NEAR KARNATAKA BAKERY, ELECTRONIC CITY POST, BANGALORE [SINCE 2ND AND 3RD PETITIONERS ARE MINOR REPRESENTED BY NATURAL GUARDIAN THEIR MOTHER SMT. VALLI] ... APPELLANTS (BY SRI. R.KUMAR, ADVOCATE) AND 1. RELIANCE GENERAL INSURANCE COMPANY LIMITED, ENVINON TOWERS, 2ND FLOOR, 60/4 HOSUR MAIN ROAD, ELECTRONIC CITY, BANGALORE-560 100.
2. SMT. C. SARASWATHAMMA, W/O. S.N. VEMANNA, R/AT NO.82, 3RD CROSS, 5TH MAIN, KORAMANGALA, BANGALORE-560 034.
... RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R1;
R2-NOTICE DISPENSED WITH VIDE COURT ORDER DATED 10.09.2015) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2012 PASSED IN MVC NO.7162/2010 ON THE FILE OF THE 9TH ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE, 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 with the consent of learned counsel on both sides.
Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent No.1-Insurance Company.
The claimants have filed this appeal seeking enhancement of compensation awarded by the Tribunal in MVC No.7162/2010, on the file of the IX Addl. Senior Civil Judge, Member, MACT-7, Court of Small Causes, Bangalore, wherein a total compensation of Rs.6,36,000/- has been awarded for the death of one Ayyappa in the road traffic accident.
2. The claimants are the wife and two minor children of the deceased. It is the case of the claimants that on 24.07.2010 at about 11.30 a.m., when the deceased was riding the motor cycle bearing registration No.TN-23-M-4178 from Govindashettypalya towards Konnapana Agrahara, at that time, a mini lorry bearing registration No.KA-01- AC-9090, driven by its driver in a rash and negligent manner, dashed against his motor cycle, on account of the same, he sustained injuries and succumbed to the injuries. A total compensation of Rs.20 Lakhs was sought before the Tribunal.
3. The Tribunal after considering the evidence and material on record, awarded a compensation of Rs.6,36,000/- with interest at 6% per annum from the date of petition till its realization.
4. According to the claimants, the deceased was aged about 32 years and working as a carpenter having an income of Rs.10,000/- per month and he was contributing his entire income for the welfare of the family. The Tribunal has taken the income of the deceased at Rs.4,500/- per month. With regard to the income of the deceased, apart from the oral testimony of PW1 – wife of the deceased, there is no other acceptable and convincing evidence. However, considering the fact that the claimants are the wife and two minor children of the deceased who were depending on the income of the deceased and also considering that 40% of the income has to be added towards future prospects, I deem it proper to take the income of the deceased at Rs.5,500/- per month. An addition of 40% has to be made towards future prospects and after deducting 1/3rd towards the personal expenses of the deceased and adopting the multiplier 16, the claimants are entitled for a sum of Rs.9,85,600/- (Rs.5,133.33x12x16) towards loss of dependency as against Rs.5,76,000/- awarded by the Tribunal. A sum of Rs.70,000/- is awarded towards conventional heads such as loss of consortium, loss of estate and funeral expenses.
5. There are two minor children who were aged about 3½ years and one year at the time of the accident. A sum of Rs.40,000/- is awarded towards loss of love and affection. In all, the appellants – claimants are entitled for a total compensation of Rs.10,95,600/- which is rounded off to Rs.10,96,000/- as against Rs.6,36,000/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is allowed in part.
The judgment and award dated 02.01.2012 passed by the IX Addl. Senior Civil Judge, Member, MACT-7, Court of Small Causes, Bangalore in MVC No.7162/2010 is hereby modified.
The appellant-claimant is entitled for a total compensation of Rs.10,96,000/- as against Rs.6,36,000/- awarded by the Tribunal.
The enhanced compensation shall carry interest at 6% per annum from the date of petition till its realization.
The apportionment and disbursement of the compensation amount shall be in terms of the order passed by the Tribunal.
Respondent No.1-Insurance Company is directed to deposit the entire amount within four weeks from the date of receipt of a copy of this judgment.
Sd/- JUDGE snc