IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA M.F.A. NO. 1412/2016(MVC) BETWEEN;
1. BALARAM, S/O. CHINNAPPA, AGED ABOUT 42 YEARS, R/AT. PENSION MOHALLA, 1ST CROSS, SHIVAMOGGA-577 201 2. MANI, S/O. CHINNAPPA, AGED ABOUT 44 YEARS, R/O. MIG-37, HUDCO COLONY, GOPALA CITY, SHIVAMOGGA-577 201.
... APPELLANTS (By SRI. M. V. MAHESWARAPPA, ADV.) AND:
1. VISWANATHA S/O. LATE RAJU.K. AGED ABOUT 26 YEARS, LORRY DRIVER, SRINIVASAPURA, NEAR ARATHOLU, BHADRAVATHI TALUK, SHIVAMOGGA-577 201 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE MALLAPPA COMPLEX, B.H.ROAD, SHIVAMOGGA-577 201.
... RESPONDENTS (By SRI. Y. ARUNA, ADV. FOR R.2, R.1 SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2015 PASSED IN MVC NO.589/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT-6, SHIVAMOGGA, 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:-
J U D G M E N T Claimants aggrieved by the quantum of compensation awarded by the Tribunal have preferred this appeal seeking enhancement of compensation.
2. Heard Sri. M.V. Maheshwarappa, learned counsel appearing for the appellants/claimants and Smt.Y. Aruna, learned counsel appearing for respondent No.2/insurer. Perused the judgment and award passed by the Tribunal.
3. As there is no dispute regarding death of mother of the claimants namely Rajamma in a road traffic accident occurred on 15.05.2014 due to rash and negligent riding of the Royal Enfield motorcycle bearing registration No.KA-14-G-555 by its rider and liability of the insurer of the said vehicle, the only point that arises for my consideration in the appeal is:
“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
4. Claimants who are sons of deceased- Rajamma filed a claim petition seeking compensation from the owner and insurer of the offending vehicle. The claimants, in support of their contentions that their deceased-mother Rajamma by working as a coolie was earning a sum of Rs.6,000/- per month and was contributing entire income towards the welfare of the family, have examined claimant No.2 as PW.1. Even in the absence of proof of income, considering the age of deceased as 65 years, year of accident as 2014 and her avocation as coolie, her income could be assessed at Rs.6,000/-per month. The approach of the Tribunal that no evidence was adduced regarding income of the deceased and deceased was depending upon the earning her son i.e. claimants and her contribution towards family could be taken at Rs.1,500/- per month is without any basis. The contribution by women specially by mother towards welfare of her family cannot be measured in terms of money. Therefore, it is just and proper to hold that deceased must have been contributing 2/3rd of her income towards the welfare of the family of her sons and spending 1/3rd of her income for her personal expenses. The multiplier of ‘7’ applied by the Tribunal based on the age of deceased is just and proper. If that is so, loss of dependency would work out to Rs.3,36,000/- (Rs.6,000/- x 2/3 x 12 x 7) and it is awarded as against Rs.1,26,000/- awarded by the Tribunal towards loss of dependency.
5. A sum of Rs.20,000/- is awarded towards loss of love and affection as against Rs.10,000/- awarded by the Tribunal.
6. A sum of Rs.20,000/- awarded by the Tribunal towards transportation of dead body and funeral expenses is just and proper.
7. Thus, the claimants are entitled for the following compensation:-
8. Accordingly, the appeal is allowed-in-part.
The judgment and award dated 24.11.2015 passed by the Prl. Senior Civil Judge and MACT-VI, Shivamogga, in MVC No.589/2014 stands modified. The claimants are entitled for an additional compensation of Rs.2,20,000/- with interest at 6% per annum from the date of claim petition till the date of realisation.
9. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. Out of the additional compensation of Rs.2,20,000/-, Rs.75,000/- with proportionate interest is ordered to be invested in fixed deposit in the names of each claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimants in equal proportion immediately after the deposit.
10. The Tribunal while releasing the remaining balance amount is also directed to issue the fixed deposit slips, so as to enable the claimants to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal.
No order as to costs.
SD/- JUDGE PMR