IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MFA No. 8430/2015(MV) C/W MFA No.8431/2015(MV) IN MFA 8430/2015 BETWEEN:
1. SMT YASHODA W/O. SUBRAMANI AGED ABOUT 46 YEARS 2. SRI. SUBRAMANI S/O. CHILKINAPPA @ CHIKKANNA AGED ABOUT 51 YEARS 3. KUM. SUNITHA D/O. SUBRAMANI AGED ABOUT 25 YEARS ALL ARE R/AT NO. 3/6 CHELLAGHATTA VILLAGE KENGERI HOBLI, BENGALURU-560 060.
... APPELLANTS (BY SRI.PUTTA SWAMY C., ADV.) AND UNION OF INDIA REPT BY LT GENERAL SOURABH KUKRUTI THE COMMANDANT 944, TPT, COY ASC ASC CENTRE, AGRAM POST BENGALURU-560 007 (REPT BY ITS LAW OFFICER) (BY SMT.H.R. ANITHA, ADV.) ... RESPONDENT THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.04.2015 PASSED IN MVC NO.5727/2013 ON THE FILE OF THE XXI A.C.M.M & XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA 8431/15 BETWEEN 1. SMT USHARANI W/O DHANRAJ AGED ABOUT 41 YEARS 2. SRI DHANRAJ S/O LATE CHIKKAHONNAPPA AGED ABOUT 48 YEARS, 3. KUM. MANASA D D/O DHANRAJ AGED ABOUT 21 YEARS, ALL ARE R/AT NO. 2/6 KODIPALYA VILLAGE CHELLAGHATTA VILLAGE KENGERI HOBLI, BENGALURU - 560 060.
(BY SRI. PUTTA SWAMY C., ADV.) ... APPELLANTS AND UNION OF INDIA REPT BY LT GENERAL SOURABH KUKRUTI THE COMMANDANT 944, TPT, COY ASC ASC CENTRE, AGRAM POST BENGALURU - 560 007. (REPT BY ITS LAW OFFICER) (BY SMT.H.R ANITHA, ADV. ) ... RESPONDENT THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.04.2015 PASSED IN MVC NO.5728/2013 ON THE FILE OF THE XXI A.C.M.M & XXIII ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
*** THESE MFA’S COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Both these appeals are filed by the claimants challenging the judgment and award dated 30.4.2015 passed by the MACT, Court of Small Causes, Bengaluru in MVC 5727/2013 and MVC 5728/2013 respectively.
2. Brief facts of the case are that on 9.9.2013 at about 10.45 a.m., when the deceased Prakash and Anjankumar were proceeding on Honda Active bearing Registration No.KA-41-Y-2466 as rider and pillion rider near Doddabele Cross, Kengeri, Bangalore, at that time, a Military Truck bearing Registration No.KA-01- D-134782-X came in a rash and negligent manner and dashed against the Honda Activa. As a result, both of them fell down and succumbed to the injuries. Hence, the family members of the deceased filed respective claim petitions before the Tribunal. After appreciation of the evidence, the Tribunal granted compensation of Rs.9,56,440/- for death of Prakash in MVC 5727/2013 and Rs.9,01,000/- for the death of Anjankumar in MVC 5728/2013 with interest at 8% p.a. The claimants being aggrieved by the same, have preferred these appeals.
3. The learned counsel for the appellants- claimants submits that in both the cases the Tribunal while calculating the “loss of future income” has erred in applying the multiplier based on the age of the mother of the deceased instead of applying multiplier based on the age of the deceased. Therefore, he prays for allowing the appeals.
4. Per contra, the learned counsel for the respondent does not dispute the said position of law.
5. Heard the learned counsel for the parties, and perused the records.
6. It is not in dispute that deceased Prakash and Anjankumar died in the road traffic accident occurred on 9.9.2013 due to rash and negligent manner driving of the Militarily Truck bearing Registration No.KA-01-D-134782-X. Both the deceased were aged about 21 years at the time of accident.
As per the law laid down by the Hon’ble Supreme Court in the case of NATIONAL INSURANCE CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017 SC 5157], in case of death of the deceased, multiplier has to be applied based on the age of the deceased.
While calculating the “loss of future income”, the Tribunal has erred in applying the multiplier based on the age of the mother of the deceased. Therefore, compensation under the head of “loss of future income” in both the cases needs to be re-assessed.
IN MFA 8430/2015 7. The deceased, Prakash (in MVC 5727/2013) was aged about 21 years at the time of accident. The multiplier applicable to his age group is “18”. The Tribunal has rightly assessed the income of the deceased at Rs.6,900/- per month. In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. Further, since the deceased was a bachelor, 50% of his income has to be deducted towards his personal expenses. Therefore, the "loss of dependency" is re-calculated as under:
Income of the deceased - 6,900 ADD: 40% future prospects - 2,760 Total Income - 9,660 LESS: 50% towards personal expenses - 4,830 Loss of dependency (Rs.4,830X12X18) -
Rs.10,43,280 8. The compensation of Rs.1,00,000/- awarded by the Tribunal towards "loss of love and affection", Rs.25,000/- towards “funeral expenses”, Rs.10,000/- towards “transportation of dead body” and Rs.10,000/- towards "loss of estate", remains undisturbed.
IN MFA 8431/2015 9. The deceased, Anjankumar (MVC 5728/2013) was aged about 21 years at the time of accident. The multiplier applicable to his age group is “18”. The Tribunal has rightly assessed the income of the deceased at Rs.6,000/- per month. In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. Further, since the deceased was a bachelor, 50% of his income has to be deducted towards his personal expenses. Therefore, the "loss of dependency" is re-calculated as under:
Income of the deceased - 6,000 ADD: 40% future prospects - 2,400 Total Income - 8,400 LESS: 50% towards personal expenses - 4,200 Loss of dependency (Rs.4,200X12X18) -
Rs.9,07,200 10. The compensation of Rs.1,00,000/- awarded by the Tribunal towards "loss of love and affection", Rs.25,000/- towards “funeral expenses”, Rs.10,000/- towards “transportation of dead body” and Rs.10,000/- towards "loss of estate", remains undisturbed.
11. Accordingly, both the appeals are allowed in part. The judgment and award dated 30.4.2015 passed by the MACT, Court of Small Causes, Bengaluru in MVC 5727/2013 and MVC 5728/2013, stands modified to the extent stated herein above.
12. The respondent is directed to deposit the entire compensation amount awarded in both the cases along with interest @ 8% per annum from the date of filing of the claim petition, till the date of realization, within a period of six weeks from the date of receipt of the certified copy of this judgment.
The apportionment of the amount shall be made in accordance with the directions of the learned Tribunal.
Sd/- JUDGE DM