Karnataka High Court
Smt. Shobha vs Venkataswamy N on 31 July, 2013
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
MFA 10573/10
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 31ST DAY OF JULY, 2013
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
Miscellaneous First Appeal No. 10573 of 2010 (MV)
BETWEEN
1. SMT. SHOBHA,
AGED ABOUT 29 YEARS,
W/O LATE M. MADESH.
2. KUMARI M. SUSHMA,
AGED ABOUT 12 YEARS,
D/O. LATE M. MADESH,
3. MASTER M. KIRAN,
AGED ABOUT 9 YEARS,
S/O. LATE MADESH,
4. MARIYAPPA,
AGED ABOUT 61 YEARS
S/O. LATE GOOPALAYAPPA
5. SMT. GOWRAMMA
AGED ABOUT 56 YEARS
W/O. MARIYAPPA.
ALL ARE RESIDING AT
NARAYANAGHATTA GRAMA,
SARJAPURA HOBLI, ANEKAL TALUK.
SINCE 2ND AND 3RD APPELLANTS
ARE MINORS REPTD. BY 1ST APPELLANT
MOTHER AS NATURAL GURADIAN.
... APPELLANTS
MFA 10573/10
2
(By Sri. A. SREENIVASAIAH, ADV.)
AND
1. VENKATASWAMY N.,
S/O. NANJUNDAPPA
NO.188, SULIKUNTE VILLAGE,
BANGALORE EAST,
BANGALORE.
2. SHRIRAM GENERAL INS. CO. LTD.,
S-5, II FLOOR,
MONARCH CHAMBERS,
INFANTRY ROAD,
BANGALORE - 560 001.
... RESPONDENTS
(By Sri. H. N. KESHAVAPRASHANTH, ADV. FOR R.2,
R.1 SERVED)
* *** *
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 9.4.2010 PASSED IN
MVC NO. 5309/2009 ON THE FILE OF THE II ADDL. JUDGE,
COURT OF SMALL CAUSES, MEMBER, MACT,
METROPOLITAN AREA, BANGALORE, (SCCH.NO.13), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
This appeal coming on for Admission, this day, the
Court, delivered the following:
JUDGMENT
This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal. MFA 10573/10 3
2. Heard. The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is disposed of finally.
3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding death of deceased Madesh in a road traffic accident occurred on 19-06-2009 due to rash and negligent driving of offending luggage auto bearing registration No.KA-51-1464 by its driver and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether compensation awarded by the Tribunal is just and proper or does it call for enhancement ?
5. After hearing the learned Counsel for the parties and perusing the judgment and award of the Tribunal, I am of MFA 10573/10 4 the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore, it is deserved to be enhanced.
6. Deceased Madesh was aged about 34 years at the time of his death in the accident as per Ex.P.5 - post mortem report. Multiplier applicable is `16'. Claim petition is filed by the wife, two minor children and parents of the deceased seeking compensation under Sec. 166 of Motor Vehicles Act. In support of their contention that deceased by working as a weaver under P.W.3 was earning Rs.12,000/- per month have examined first claimant - wife of the deceased as P.W.1 and the employer of the deceased by name Mahesh as P.W.3 and produced general licence obtained by his employer at Exs.P.13 and 14, certificate issued by KEB at Ex.P.15 and certificate issued by handlooms at Ex.P.16 in favour of his employer. Even in the inquest mahazar produced at Ex.P.4, deceased was described as `weaver' by profession. MFA 10573/10 5 P.W.3 has stated, he was paying Rs.12,000/- to the deceased, but he has not produced wage register. Considering age of the deceased as 35 years, year of accident as 2009 and his avocation as weaver, his income could be easily assessed at Rs.6,000/- per month. As all the five claimants are dependent claimants,1/4th of his income has to be deducted towards his personal expenses and 3/4th has to be taken as his contribution to family. So, loss of dependency works out to Rs.8,64,000/- (Rs.6,000/- x 12 x 3/4 x 16) and it is awarded as against Rs.5,76,000/- awarded by the Tribunal under this head.
7. Considering first claimant had lost her husband at the age of 28 years, Rs.25,000/- is awarded towards loss of consortium, Rs.25,000/- each towards love and affection of two minor children and Rs.25,000/- towards funeral and obsequies ceremonies.
8. Thus claimants are entitled for the following compensation:
MFA 10573/106
1) Loss of dependency Rs.8,64,000/-
2) Loss of consortium Rs. 25,000/-
3) Loss of love and affection Rs. 50,000/-
4) Funeral expenses Rs. 25,000/-
----------------
Rs.9,64,000/-
Less compensation awarded by
the Tribunal Rs.6,19,000/-
-----------------
Additional compensation Rs.3,45,000/-
9. Accordingly, appeal is allowed in part and judgment and award of the Tribunal is modified to the extent stated herein above. Claimants are entitled for additional compensation of Rs.3,45,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
10. The Insurance Co. is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this Judgment, from which Rs.75,000/- each with proportionate interest is ordered to be invested in F.D. in the name of the first, second and third claimants - wife and minor children of the deceased, in any nationalized or MFA 10573/10 7 scheduled Bank, for a period of 6 years by which time claimants 2 and 3 will also attain majority and Rs.40,000/- each with proportionate interest is ordered to be invested in F.D. in the name of the fourth and fifth claimants - parents of the deceased, in any nationalized or scheduled Bank, for a period of 3 years with a right of option to them to withdraw interest periodically and first claimant is permitted to withdraw interest from her deposit as well as the deposits of claimants 2 and 3 - her minor children and the remaining amount with proportionate interest is ordered to be released in favour of the first and fifth claimants in equal proportion.
No order as to costs.
SD/-
JUDGE Mgn/-
CT: bs*