Sri Somanath Sharma vs M/S Kadamba Transport Corporation, ... on 21 January, 2013

[Cites 0, Cited by 0]

Karnataka High Court

Sri Somanath Sharma vs M/S Kadamba Transport Corporation, ... on 21 January, 2013

Bench: B S Indrakala

                          -1-




           IN THE HIGH COURT OF KARNATAKA

              CIRCUIT BENCH AT DHARWAD

        DATED THIS THE 21ST DAY OF JANUARY 2013

                       PRESENT

          THE HON'BLE MR.JUSTICE H.BILLAPPA

                          AND

        THE HON'BLE MRS.JUSTICE B.S.INDRAKALA

                  M.F.A.3555/2008 (MV)

BETWEEN

1.    SRI SOMANATH SHARMA
      AGED 55 YEARS,OCC;PRIVATE SERVICE,
      R/O TUNDI ROAD, BARACHOWK,
      GIRIDIH, JHARKAND.

2.    SMT KIRAN SOMANATH SHARMA
      AGE: 49 YEARS,OCC;HOUSEHOLD,
      R/O TUNDI ROAD, BARACHOWK,
      GIRIDIB JHARKAND.

                                         ..... APPELLANTS

(BY SRI M B NARAGUND, ADV.)


AND

M/S KADAMBA TRANSPORT CORPORATION
PANAJI,
                                -2-




STATE OF GOA
BY ITS MANAGING DIRECTOR.


                                              ..... RESPONDENT

(BY SRI MANOHAR.V.NAYAK, ADV.)


    MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:23/7/2007 PASSED IN
MVC NO.812/04 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL IV AND III ADDL. DISTRICT JUDGE,
BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS MFA COMING ON FOR FINAL HEARING THIS
DAY, BILLAPPA, J., DELIVERED THE FOLLOWING:-


                        JUDGMENT

This appeal by the claimants is directed against the judgment and award, dated 23.07.2007, passed by the MACT, IV & III Addl. District Judge, Belgaum in MVC 812/2004.

2. By the impugned judgment and award, the Tribunal has awarded a sum of Rs.2,70,000/- with interest at 8% p.a. from the date of petition till the date of deposit. -3-

3. Aggrieved by that, appellants/claimants have filed this appeal.

4. Briefly stated the facts are:

The appellants/claimants are the parents of the deceased Sourab Sharma. On 21.01.2004, the deceased Sourab Sharma was a pillion rider in motor cycle bearing No.KA-22/R-5990. His friend Tejas was riding the motorcycle. Near Panchamukhi Hotel, on Belgaum-Khanapur Raod, a bus bearing No.GA-01/X-0297 came from Belgaum side at high speed and dashed against the motor cycle from behind. As a result of that, the deceased and his friend Tejas sustained injuries and succumbed to the same. The appellants claimed compensation of Rs.20,00,000/-. The Tribunal has awarded a sum of Rs.2,70,000/- with interest at 8% per annum from the date of petition till the date of deposit. Aggrieved by that, the appellants-claimants have filed this appeal seeking enhancement.

-4-

5. The learned counsel for appellants contended that the Tribunal has erred in taking the notional income at Rs.30,000/- per annum. Further submitted that the deceased was an Engineering student and therefore, the Tribunal should have taken the notional income at Rs.40,000/- per annum. He therefore submitted that, the impugned judgment and award needs to be modified.

6. As against this, the learned counsel for respondent submitted that the impugned judgment and award does not call for interference. He also submitted that the Tribunal on proper consideration of the material on record has awarded just and reasonable compensation and therefore, it does not call for interference.

7. We have considered the submissions of the learned counsel for the parties.

8. The point for arise for our consideration is -5- Whether the impugned judgment and award calls for interference?

9. It is relevant to note, the deceased Sourab Sharma died in the accident that occurred on 21.01.2004 is not in dispute. He was an Engineering student, studying in II year B.E. (Computer Science). The Tribunal has taken the notional income at Rs.30,000/- p.a. Keeping in view, the deceased was an Engineering student, we consider it proper to take the notional income at Rs.40,000/- p.a. instead of Rs.30,000/- per annum. If 1/3rd is deducted towards the personal expenses of the deceased, the balance comes to Rs.26,667/-. The appropriate multiplier is 16. The compensation payable comes to Rs.4,26,672/- and it is rounded off to Rs.4,26,700/-.

10. The appellants are entitled for Rs.4,500/- towards funeral expenses and loss of estate.

11. The total compensation payable comes to Rs.4,31,200/-.

-6-

12. Accordingly, the appeal is allowed and the impugned judgment and award passed by the Tribunal in MVC 812/2008 stands modified grating compensation of Rs.4,31,200/- instead of Rs.2,70,000/- with interest at 8% p.a. from the date of petition till the date of realization. Out of the enhanced compensation, 50% shall be invested in Fixed Deposit in any Nationalized Bank for a period of 3 years. The appellants shall be entitled to withdraw the interest accrued on it. The balance amount shall be released in favour of the appellants. Apportionment as done by the Tribunal.

Sd/-

JUDGE Sd/-

JUDGE Naa

Unlock Advanced Research with PRISMAI

Karnataka High Court