Karnataka High Court
A Nanjappa vs P Palani Swamy on 9 April, 2012
Bench: K.L.Manjunath, Ravi Malimath
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
ON THE 09th DAY OF APRIL 2012
BEFORE
THE HON'BLE MR. JUSTICE K. L. MANJUN
ATH
AND
THE HON'BLE MR. JUSTICE RAVI MALIMA
TH
M.F.A.NO.187/2009 (MV)
BETWEEN:
1. A. Nanjappa S/o. A.Doddabasappa
Sb. A. Doddabasappa,
Aged about 57 years,
Now residing at Haralu Village,
Kudligi Taluk.
2. A. Nagarathna
W/o. A. Nanjappa,
Aged about 47 years,
Sinecure, R/o. Haralu Village,
Kudligi Taluk.
3. A. Krishna Murthy
S/o. A. Nanjappa,
Aged about 27 years,
Student, R/o. Haralu Village,
Kudligi Taluk.
4. A.Hemalatha
D/o. A. Nanjappa,
Aged about 24 years,
Sinecure, Rio. Haralu Village,
Kudligi Taluk.
.APPELLANTS
(By Sri .Y Lakshmikant Reddy, Adv,,)
/
n/I
I,
:2:
AND:
1. P,Palani Swamy
S/c, Sri. Perumal Goudar,
No.8, SSS Building,
Jagan Transport,
A,V. Road, Chamraj Pet,
Bangalore.
2. The National Insurance Co.,
By its Branch Manager,
Beliary.
RESPONDENTS
(By M/s.Lexplexus for R2, Ri notice disp
ensed with)
This appeal is filed under Section
173(1) of MV Act
against the judgment and award date
d 23.09.2008 passed in
MVC No.983/2004 on the file of
the MACT., No.1, Bellary
partly allowing the claim petition
for compensation and
seeking enhancement of compensati
on etc.,
This appeal coming on for orders
RAVI MALIMATH. J, delivered the foll
this day,
owing:
JUDGMENT
Aggrieved by the judgment and award dated 23.09.2008 passed by MACT., Bel lary in MVC No.983/2004 the claimants have filed the present appeal seeking enhancement.
2. The case made out is that on 22.0 9.2004 at 7.30p.m. when the deceased was proceeding on his two wheeler motor cycle at Kondotty
-- Turakkal on Calicut :3: Mallapuram road, a lorry bearing No.KA-01/A7709 came in a rash and negligent manner and hit against the two wheeler. Consequently, the deceased sustained grievous injuries. Thereafter, he was shifted to Moulana hospital Perinthalmanna. He wa s in a coma and treated from 22.09.2004 to 30.09.2004 by conducting surgery. He died due to the injuries on 30.09.2004. His dead body was shifted to his native pla ce for the funeral. It is claimed that the deceased wa s a post graduate in Medicine and had a brilliant car eer and that apart from working in Malbar Child Speci al Care hospital he was also working as a consultant doctor and his monthly income was Rs.95,000/- per mo nth. Exs.P10 and P11 are the certificates indicating the salary of the deceased. Ex.P1 1 is the salary certificate issued by Malbar Hospital wherein, the income of the deceased was found to be a sum of Rs.40,000/- per month. The Tribunal declined to accept the said doc ument on the ground that there is no material on record to show that the :4: deceased was working as an em ployee and earning Rs.40,000/ per month. The Tribunal placed reliance on the evidence of RW. 1 who states that the investigation was conducted from the insurance investigator and in terms of the report Ex.R1 it would show that the deceased was wo rking in Malbar Child Special Care Hospital from 01.04.200 4 to 22.09.2004 as a consultant pediatrician and his duty was 6.00 p.m. to 8.00 p.m. Except relying on the sai d document no other reasoning was given by the Tribun al to discard Exs.P10 and P11. Hence, we are of the con sidered opinion that reasoning given by the Tribun al to disbelieve Exs.P10 and P1 1 cannot be accepted wh en the said exhibits are clear with regard to the salary of the deceased. Hence, the same requires to be accepted.
3. However, it is contended by the insurance company that the deceased wa s not a doctor in Malbar Child Special Care Hospital. In view of the material in :5: tenns Exs.P10 and P11, it would be appropriate to hold the income at Rs.25,000/- pe r month. The deceased was a bachelor. Hence, aft er deducting 50% towards his personal expenses and applying a multiplier of '11' since the age of the Mother is 47, the loss of dependency would be worked out to Rs.25,000- 50%X12X1 1RS. 16,50,000/-
4. In terms of Ex.Pl2, 32 medic al bills were produced to an extent of Rs .96,000/-. The same has been awarded by the Tribu nal. It is undisturbed. Towards the conventional he ads, such as transportation of dead body from the place of accident to the native placed and towards funera l expenses a sum of Rs.50,000/- is awarded. Hence , in all the claimants are entitled to a sum of Rs. 17,96 ,000/-.
5. The enhanced compensation shall be Rs. 17,96,000-Rs.7,65,000= Rs. 10,31,000/-. Of the enhanced compensation, a sum of Rs.7,50,000/- shall :6: be deposited in the name of 2nd appellant i.e. the mother of the deceased for a period of five years in any nationalised bank and she shall be entitled to withdraw the periodical interest. The balance amount shall be equally divided between appellant Nos. 1 and 2 with interest at 6% per annum. The amount shall be settled within 8 weeks from the date of receipt of a copy of this order.
JDCE EJLE BS