Karnataka High Court
National Insurance Co.Ltd., vs Munivenkatappa on 24 February, 2011
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALOR
E
DATED THIS THE 24TH DAY OF FEBRUARY, 2011
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWD
A
Miscellaneous First Appeal No. 1267 of 2010 (MV-INS)
BETWEEN
National Insurance Co. Ltd.,
Branch Office, Code 604101,
Srinivasa Market Complex,
1974, Cinema Road,
Doddaballapur, Bangalore Rural,
Karnataka.
Appellant is Rep. herein by:
The Administrative Officer.
National Insurance Co. Ltd.,
Bangalore, Regional Office,
Subharam Complex.
144, Mahatma Gandhi Road,
Bangalore 560 001.
-
Appellant
(By M/s. Lexplexus & C. M. Poonacha, Advs.)
AND
1. Munivenkatappa,
S/o. Late Lakshmaiah,
Aged about 55 years.
2. Munichowdamma,
W/ o. Munivenkatappa,
Aged about 53 years.
Respondent No.1 and 2 herein
Residing at Kembodi Village and Post.
Huttur Hobli,
Kolar District.
Respondents
(By M/s. Southern Law Associates,
Advs. for R. 1 and R.2)
This MFA is filed U/S 173(1) of MV Act against the
judgment and award dated: 19.05.2009 passed in MVC
No.143/2006 on the file of II Additional Civil Judg
e
(Sr.Dn.) & Additional MACT, Kolar, awarding
a
compensation of Rs.6,62,960/- with interest © 6% p.a.
from the date of petition till realisation.
This appeal coming on for hearing, this day, the
Court, delivered the following:
JUDGMENT
This appeal is by the Insurer of the offending vehicle challenging the quantum of compensation awarded by the Tribunal.
2. For the sake of convenience parties are referred to as they are referred to in the claim petition.
3. Brief facts of the case as pleaded in the claim petition are:
3That on 13.04.2006 when deceased Rarnachandra and his friend were coming from Kolar on his friend's two wheeler bearing registration No. TN-09/M-30 10 on Kolar -- Muibagal road NH-4 Vadagur-Kembodi gate a car bearing registration No. TN-07/L-2949 came from Kolar in a rash and negligent manner and dashed behind their two wheeler, as a result the deceased Ramachandra fell down and sustained grievous injuries. Immediately he was shifted to RL. Jalappa Hospital, Kolar and treated there as inpatient for one month and died in the hospital. His parents filed a claim petition before MACT, Kolar seeking compensation of Rs.20,00,000/- and the Tribunal has awarded a compensation of Rs.6,62,690/- with interest at 6% p.a.
4. As there is no dispute regarding death of deceased Rarnachandra in the road traffic accident occurred on 13.04.2006. due to rash and negligent driving of offending vehicle by its driver and liability of the insurer of the offending vehicle to pay compensation, the only 4 point that remains for my consideration In the appeal is:
Whether the quantum of compensation awarded by the Tribunal Is just and reasonable or does it call for reduction?
5. After hearing the learned Counsel for the parties and perusing the award of the Tribuna l, I am of the view that the quantum of compensation awarded by the Tribunal is not just and reasonable, It is on the higher side and therefore it is to be reduced.
6. Learned Counsel appearing for the insurer submits that the claimants who con tend that the deceased was earning Rs.12,000/- p.m. by working as part time Lecturer in Economics and also doing milk business except producing Master's deg ree certificate in Economic, Ex. p ii and Ex. p 12 MIlk Dah y book and examining the father of the deceased as PW 1 have not produced any other document establishin g the income of the deceased and consequentially he prays for reduction of compensation by allowing the appeal.
57. Per contra, learned Counsel appearing for the claimants submits that the deceased was M.A. Graduate in Economic and he was teaching as a part time Lecturer. In addition to that he was also supplying milk to a milk produce Co-operative Society and doing agricultural work and in all he was earning Rs. 12,000/- p.m. and therefore he submits there is no scope for reduction of compensation and prays for dismissal of the appeal.
8. Ex. P 11 discloses that the deceased was a holder of master degree in Economics and he obtained it from Bangalore University during 1998. But it is not established where he was working as a part time Lecturer by examining his employer. Ex. P 12 is issued by the Secretary of Milk Dairy, Kembodi but the said secretary was not examined and Ex P 12 does disclose quantity of milk that the deceased was supplying to milk dairy per day. Considering the deceased was a holder of M.A. in Economics and the year of accident as 2006 his income could be easily at Rs.6,000/- p.m. as 6 against Rs.6,300/- p.m. by the Tribunal. As the deceased was a bachelor and claimants are his parents 50% of his income is to be deducted towards his personal expenses. The multiplier applicable is 11 as per the age of the younger parents i.e., mother who is 53 years. Accordingly loss of dependency works out to Rs.3,96,000/- (Rs.6,000/- x 50% x 12 x 11) and it is awarded as against RS.5,54,400/- awarded by the Tribunal.
9. The deceased after sustaining injuries in the accident was admitted to hospital and treated as inpatient for 22 days. Considering the same the Tribunal has rightly awarded Rs.63,460/- towards medical expenses and it does not call for reduction.
10. The compensation of Rs.20,000/- awarded by the Tribunal towards loss of love and affection, Rs. 15,000/-
towards loss of estate, Rs.8,000/- towards transportation of dead body etc., and Rs.2, 100/-
towards costs of attendant awarded by the Tribunal are just and proper and they do not call for interference.
711. Thus, the claimants are entitled for the follo wing compensation:
i) Loss of dependency Rs. 3,96,000/-
ii) Medical Expenses Rs. 63,460/-
iii) Loss of love & affection Rs. 20.000/-
iv) Loss of estate Rs. 15,000/-
v) Transportation of dead body
Etc. Rs. 8,000/-
vi) Cost of attendant Rs. 2,100/-
Total Rs. 5,04,560/-
12. Accordingly the appeal is allowed in part.
The judgment and award of the Tribunal is mod ified to the extent stated herein above. The compensati on awarded passed by the Tribunal is reduced from Rs.
6,62,960/-
to Rs.5,04,560/- with interest at 6% p.a. The claimants are entitled for a total compensation of Rs. 5,04 ,560/-
with interest at 6% p.a. from the date of claim petition till the date of realisation.
13. The Appellant is directed to deposit the compensation amount, after deducting the amount if b a 8 any already deposited together with Interest wit hin two months from the date of receip t of a cow of this judgment. Out of the compensation am ount Rs.2,50,000/- each with propor tionate Interest Is ordered to be invested In the nam e of the claimants In F.D. In any natlonalised/scheduled bank or post office for a period' of sIx years renewabl e from time to time with an option to withdraw Intere st perlodicafly and remaining amount Is ordered to be released in favour of the claimant In equal proportion.
14. The amount In deposit Is ordered to be transferred to the Tribunal for disbursement.
No order as to costs.
sat Vb/ A--
BSGJ MFA NoJ267 2010 21 0812
Learned coumel hr tlt respondent ni and 2 has filed an app1tn uMer SectIon 152 of C seeking to modil% the judgemont dated 24022011 imofar as ordering to deposit the entire amount hinted h FD hr a sum of Re3$0000je a a proportSte hiterat in tl name of chlsn in any ons1iaJ stheduled bank or t oe hr a period of 6 years and to cider hr rthese of portion of award amount Comid the reason stated in the adavit fl1 in support of fle app1i I is afloweit Out of the mpeaan of Rs.5560-, a sum of each with proportiun interest is ordered to he inted in the neat of the ohiatna in any netiona1ised sdheduled bank or poet o for a period of 6 yeer. renewable on In two yars with a nght of option hr tfrm to withdraw intenat petbdioafly and renaming amount with pote interest is to he released in dear bur in equal portia SdF JUDGE