Karnataka High Court
Smt Mahadevamma vs Guruswamy B M on 17 November, 2017
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY
M.F.A. NO.7352 OF 2016 (MV - D)
BETWEEN:
1. SMT MAHADEVAMMA
W/O LATE NAGA @ NAGASHETTY
AGED ABOUT 26 YEARS
2. MANU
S/O LATE NAGA @ NAGASHETTY
AGED ABOUT 8 YEARS
3. CHAITRA
D/O LATE NAGA @ NAGASHETTY
AGED ABOUT 3 YEARS
APPELLANT NO.2 AND 3 ARE MINORS
REPRESENTED BY THEIR
NATURAL GUARDIAN MOTHER
PETITIONER NO.1
4. SMT SIDDAMMA
W/O LATE MAHADEVASHETTY
AGED ABOUT 62 YEARS
ALL THE APPELLANTS NO.1 TO 4 ARE
R/AT MADHUVENAHALLI
2
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT - 571 303
... APPELLANTS
(BY SRI.SANATH KUMAR K M., ADVOCATE)
AND:
1. GURUSWAMY B M
S/O MAHADEVASWAMY
MAJOR
BEEVENATHALAPURA
CHAMARAJANAGAR TALUK
AND DISTRICT - 571 303
2. THE BRANCH MANAGER
THE ICICI LYAMBOARD GENERAL
INSURANCE CO LTD.,
NO.89, SVR COMPLEX
2ND STAGE, HOSUR ROAD
BANGALORE - 560 068
... RESPONDENTS
(BY SRI. B PRADEEP, ADVOCATE FOR R2;
R1 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:29.1.2016 PASSED IN MVC
NO.197/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE,
JMFC, KOLLEGAL, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR FURTHER ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal is filed by the claimants seeking enhancement of compensation for the accidental death of the deceased - Naga @ Nagashetty on 03.05.2014, who was aged about 36 years while he was traveling as a pillion rider in a motorcycle, at that time, one ACE auto bearing registration No.KA-10-8650 was proceeding in front of the motorcycle of the deceased Naga. The driver of the said auto was riding it in a rash and negligent manner and suddenly he applied break. As a result of which, one iron hangler which was loaded in the auto went inside the stomach of the deceased Naga and he sustained grievous injuries and he was succumbed to the said injuries on the way to hospital. Considering the case of the appellant - claimants, the Tribunal has awarded a total compensation of Rs.10,88,000/- with interest at 6% per annum from the date 4 of petition till the date of realization. Challenging the same, the appellants herein are before this court seeking enhancement of the compensation awarded by the Tribunal.
2. Learned counsel for the appellants contends that the monthly income assessed by the Tribunal is on lower side though the claimants have not placed sufficient material before the Tribunal showing that the deceased was a maison and doing agricultural work and earning Rs.9,000/- per month, it has taken only Rs.7,000/- per month for the purpose of calculating loss of dependency. Therefore, he submits that compensation under this head needs to be modified and he submits that the compensation awarded under other conventional heads is also on lower side and they may be enhanced by modifying the compensation. He requests to allow this appeal.
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3. Per contra, learned counsel for the second respondent - insurer supports the order of the Tribunal and submits to dismiss this appeal.
4. I have heard the learned counsel for both the parties. I have gone through the records placed before me.
5. The Tribunal has assessed the income of the deceased at only Rs.7,000/- per month. It is needless to say that whenever the income is not proved, the Tribunal is bound to assess the income by taking into consideration necessary facts such as year of accident, place of accident, status of the family/ number of family members etc.,
6. By considering the above facts, I am of the view that the income of the deceased can be safely assessed at Rs.9,000/- per month in place of Rs.7,000/- as assessed by the Tribunal. Therefore, the compensation under the head 6 Loss of dependency would be (Rs.9,000 - Rs. 2,250/-) x 15 x 12 = Rs.12,15,000/- as against Rs.9,45,000/- awarded by the Tribunal.
7. The amount awarded by the Tribunal towards Loss of Consortium at Rs.40,000/- is on lower side and I am inclined to award another sum of Rs.10,000/-. Therefore the total compensation under the head Loss of Consortium comes to Rs.50,000/-
8. The amount awarded towards Loss of Love and affection to appellant-claimants 2 and 3 at Rs.60,000/- needs to be modified and another sum of Rs.40,000/- is awarded and hence under this head a total sum of Rs.1,00,000/- is awarded.
9. Additional sum of Rs.20,000/- is awarded under the head Loss of love and Affection to appellant claimant 7 No.4. Therefore it comes to Rs.45,000/- in the place of Rs.25,000/- awarded by the Tribunal under this head.
10. The amount awarded towards other conventional heads such as Funeral and Death Ceremony, Transportation remain undisturbed.
11. In that view of the matter, the total compensation to be awarded to the appellant-claimants will be as follows:
Convention Heads Amount
Rs.
Loss of Dependency 12,15,000/-
Loss of Consortium 50,000/-
Loss of Love and Affection to 1,00,000/-
appellant Nos. 2 and 3
Loss of Love and Affection to 45,000/-
appellant No.4
Transportation 3,000/-
Funeral and Death Ceremony 15,000/-
TOTAL 14,28,000/-
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12. In all, the claimants will be entitled for a total compensation of Rs.14,28,000/- as against Rs.10,88,000/- awarded by the Tribunal. The compensation amount shall carry interest @ 6% P.A. Accordingly, appeal is allowed-in-part. Disbursement of the compensation is ordered by the Tribunal after the entire compensation is realized by the second respondent - insurer.
Sd/-
JUDGE Bsv