Karnataka High Court
The New India Assurance Co Ltd vs Smt Sharadamma on 20 October, 2010
Bench: N.K.Patil, H.S.Kempanna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 207'" DAY OF OCTOBER, 2010
PRESENT
THE HON'BLE MR. JUSTICE N.K.PAfFIfig "
AND
THE HONBLE MR.JUSTI(.3E»VH'.'S..K'EN|'FANN.1§ J
M.F.A.NO.2297/2'ODE3.'_A{M\7)DD2_ __ _ ~
BETVVEEN:
THE NEW iN1:~;1A;.vAsSIJRAN_cE' CO. ]LTD.,
EAST COAS'1'VTCHAi\/EBERS_, 1 FLOOR,
92, G;N. ROAQNAGAR,
CHENNAI --' 600==;'5'1»7;' ' ~ ' '
NOW REPRESENTED. BYT_i'1"S"DNISI0NAL MANAGER.
THE NEW INDIA ASSURANCE co. LTD.,
DIVISIONAL OFFICE No.12,
MAETURCOMPLEX, KIADB MAIN
" . RoA;D,a.PEENYA, BANGALORE -- 58. APPELLANT
§:';'£s:R:sHNA SWAMY -- ADV.)
1. sroIT.":sHARADAMMA
A .--w/O' LATE KRISHNAPPA
" , _ Now AGED ABOUT 33 YEARS
D/O LATE KRISHNAPPA.
NOW AGED ABOUT 1 1 YEARS
3. CHANDANI
D / O LATE APPA
_M_M_H_,_,,_..
2
NOW AGED ABOUT 9 YEARS
RESPONDENTS NO.2 AND 3 HEREIN SINCE
MINORS , REPRESENTED BY THEIR NATURAL
GUARDIAN/ MOTHER, THE 1ST RESPONDENT HEREIN
ALL R/ A BALLANAKATTE, J.C.ROAD, TUMKUR. "
4. T.K.sRINATH
S/O KALLAPPA
NOW AGED ABOUT 35 YEARS,
R/AT K.N.S. COMPOUND, , ~ .. ._
CHICKPET, TUMKUR "';'.;'I3?ESPONDENTS'
(BY SMT.BI-IUSHANI KUMAR -- I<*O_I-I (R-- "
NOTICE TO R-4 DISPENSEDWITH ' * A . I
V/O DATED: 04.08.2008) 'A
THIS M'PA':;;Is' F11-_.ED UNDER-SECTION 173(1) OP MV
ACT AGA_INST_ ,mD.CI»IEI<IjT AND AWARD DATED
30.11.2004' PAS_SED* IN "I\.2jIVC'*-- NO.;2'71/2002 ON THE FILE
OF TIIE...ePRL."CIYIL .J"UD'OE...{sR~:DN) AND ADDL. MACT,
TUMKUR, 'AWARIEIINCI 'COMPENSATION OF RS.5,55,000/--
WITH 'INTEREsT'AT'8%~P;A.. FROM THE DATE OF PETITION
TILL PAYMENT AP~ED._D'I.@C71'ING THE APPELLANT HEREIN
TO PAY TI~{E~sAIvIE.'§ »--
THIS APPEAL COMING ON FOR FINAL HEARING
'~ _ THIS" DAY, «N.K.PA'1'1L'J., DELIVERED THE FOLLOWING:-
JUDGMENT
N Thieiijefilpeal by the insurer is directed against the impugned judgment and award dated 30.11.2004 in MVC N0.1271/2002 on the file of the Pr}. Civil hedudge (Sr.Dn.) and Add}. MACT, Tumkur, awarding Compensation of ?5,55,000/-- with interest at 8% p.a. from the date Of petition till the date of realisation as AM gé' against the claim of the ciairnants for a sum of ?6,00,000/-- on account of the death of the deceased Sri.Krishnappa. The insurer claiming compensation awarded to the claimants side and has to be reduced the judgment and award of the Tribuna}, the instant appeai.
2. The brief sactsa foiisvis 3' Respondent Nov._1_ ifat'e"V'Sri.Kfishnappa and arevvdtheiivigrninor daughters. Theyfi1ed'.»...petition before the T ribunai account of the death of the road traffic accident that occurred , 1044;: at about 7.30 p.m. When the deceased H wife was going on the left side of J when they came near Lakkappa circie, at that tirne, one goods vehicle bearing No.KA.O8 "K806 beanie in a rash and negligent manner and dashed against the deceased. As a result, he fell down, sustained grievous injuries and later on succumbed to //2..../I 4 the injuries. On account of the untimely death of the deceased, respondent No.1 has lost her life partner and respondents 2 and 3 have lost the love and affection of their father and also their future hopes life are jeopardised. Therefore, they were..C,on.st19ainediito, file the claim petition against herein and the owner the__ii'offendin;Vg,i:'_ respondent No.4 herein conitending iifdeceased was aged about 3i3.._..i:yyears,;,i_'do~ing"«harna1i work in vegetable market ea1f1iin.g..§?2i0Q:};p'm He was hale and h--ealthyiVandV..thep solevv-.bread winner in the family and due to ihiysli nn'tirnely there is severe financial disti;ess~ in thefamily. Hence, they were constrained to ,A file petition before the Tribunal. The Tribunal, in aftebassiessing the oral and documentary evidence Q otheriiimaterials available on record, allowed the if petition in part awarding compensation of i<f5,$5,000/- with interest at 6% p.a. from the date of petition till the date of realisation. The insurer claiming that the compenfion awarded to the claimants is on ! WMWMWM II the higher side and has to be reduced substantiallyand further, claiming that the rate of interest awarded:
pa. from the date of the petition till _ higher side has presented the modify the judgment and award of 1 by
3. The learned for insurer, SIi.A.N.Krishnaswan1$f§":at that the Tribunal, without any material, has taken at ?4,500/- p.m., which _isdn.oVt:- The accident has occurred ?'3,000/- p.m. would be the just of the deceased. Further.
the.fl'rib.1inal uawarding interest at 8% p.a. is also on the »Ahig'herl:_ 'ASid'e"--.and it should be reduced to 6% p.a. u.he."s.eeks to modify the judgment and award of it The learned counsel for the claimants, interalia, contended and substantiated that the Tribunal after due consideration of the relevant material on file and other material on file by taking into 7/«M. Consideration the age and occupation has awardyetijust and reasonable compensation to the therefore, interference by this Court is T' 1
5. We have heard the learned' appellant and the learned c,ounsel._for_ the to 3~claimants.
6. After careful award of the Tribunal, we or material irregularity {as " the Tribunal in awarding lOlOO / --. The Tribunal has of the deceased at $1,500/~ p.rn. by conslideration his age, occupation- beinigll a skille'd_.ll:abo:urer working as hamali, and also r notefiaf the fact that the deceased was the sole it in the family and due to his untimely death,' there is severe financial distress and thereafter, it determined the compensation payable towards loss of 'dependency at ?5,40,000/-- by deducting one--third of income (?'l,500] towards the personal expenses of the deceased out of the total income (?'4,500) and arriving at / WWW,"
7
the net income at ?'3,000/-- pm. and thereafter applying the multiplier of 16 in View of Sarla Ver1na's case [2009 ACJ 1298). Therefore, the compensation awarde.d at ?5,40,000/-- is just and reasonable and not call for interference.
7. However, the Tribunal hasperred" in-. awarding 8% interest from the date of-the petition 'Vi'ealisa§.tilo11.::"; In View of several decisions Apex._lVco:urtlf:and this Court, we deem it justand'l.l_reasVon.abl'e0to award interest at 6% pa. fromthe till realisation, to meet 1'-the as against 8% awarded by Tribunals! -
l8.5For theivlforeigoing reasons, the appeal filed by ,A allowed in part. The impugned judgment a.nd.i'awalr'd.. ofllthe Tribunal dated 30.11.2004 in M.V.C. No.4ll37'v1,/ is modified by reducing the interest from to 6% pa. from the date of the petition till realisation compensation awarded by the Tribunal. %..l/A The remaining portion of the order left undisturbed. With this modification, disposed of accordingiy.
IS