Karnataka High Court
Sri Rahamathulla Khan vs Sri Nawaz on 16 June, 2014
Author: N.K.Patil
Bench: N.K.Patil
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF JUNE, 2014
PRESENT
THE HON'BLE MR. JUSTICE N.K.PATIL
AND
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
Misc.First Appeal No.3184/2011 (MV)
BETWEEN:
1. SMT. CHOWDAMMA,
W/O. PUTTAPPA,
AGED ABOUT 70 YEARS.
2. SRI. P. NARAYANAPPA,
S/O. PUTTAPPA,
AGED ABOUT 47 YEARS.
3. SRI. P. DIVAKARA,
S/O. PUTTAPPA,
AGED ABOUT 44 YEARS.
ALL ARE RESIDING AT SANGANNANAKERE,
HIREHARAKA GRAMA,
ANANDAPURAM HOBLI,
SAGAR TALUK,
SHIMOGA DISTRICT.
... APPELLANTS
(By SRI. K. N. HARISH BABU AND
SMT. NAGAVENI, ADVS.)
2
AND
1. MOHAMMED KHASIM SAB BIJAPURI,
MAJOR,
R/A. MANGALAGATTI,
DHARWAD,
NORTH PANAJI, GAO.
2. MR. JOAQUIM VEIGAS,
MAJOR,
S/O. DOMNIC VEIGAS,
R/A. NO. 430/A, POSREMBHAT,
TLEGGAO(POST),
TISWADI, NORTH GOA - 403 003,
GOA STATE.
3. THE BRANCH MANAGER,
THE NATIONAL INSURANCE COMPANY LTD.,
BRANCH OFFICE, GOVINDA BUILDING,
M. G. ROAD, PANAJI, NORTH GOA,
GOA STATE.
... RESPONDENTS
(By NOTICE TO R.1 AND R.2 DISPENSED WITH
V/O. DATED 13.08.2013,
SRI. B. C. SEETHARAMA RAO, ADV. FOR R.3)
* ****** *
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 05.01.2010 PASSED
IN MVC NO.323/2006 ON THE FILE OF THE CIVIL
JUDGE(SR.DN), & JMFC, MEMBER, ADDITIONAL MACT,
SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
This M.F.A. coming on for Admission this day,
B.SREENIVASE GOWDA J., delivered the following:
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JUDGMENT
This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.
2. It is a case of death of a bachelor by name H.P.Kumar, aged about 32 years in the road traffic accident that occurred on 14.8.2006 due to rash and negligent driving of Tempo Traveller bearing Regn.No.GA-01/T-7081 by its driver while he was proceeding along with one Sharath Babu. His mother and brothers filed a claim petition under Section 166 of the Motor Vehicles Act before Civil Judge (Sr.Dn.) and JMFC and Addl.MACT, Sagar seeking compensation of Rs.35,45,000/- from the driver, owner and insurer of the offending vehicle. The Tribunal, by its impugned Judgment, awarded a sum of Rs.2,63,000/- with interest at 6% p.a. 4
3. Claimants being aggrieved by the quantum of compensation awarded by the Tribunal, have preferred this appeal seeking enhancement of compensation.
4. We have heard the learned counsel for the parties and perused the Judgment and Award passed by the Tribunal.
5. The learned counsel for appellants- claimants submits that compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and he prays for allowing the appeal by enhancing the compensation.
6. Whereas, the learned counsel for the Insurer of the offending vehicle submits that the quantum of compensation awarded by the Tribunal is just and proper and does not call for interference by this court.
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7. After hearing the learned counsel for the parties and perusing the Judgment and award of the Tribunal, we find that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side therefore, it deserves to be enhanced.
8. The deceased was aged about 32 years. The claimants, in support of their contention, that the deceased by doing agriculture and by working as a Commission Agent of Bajaj Allianz Life Insurance Co., was earning Rs.30,000/- per month, examined the third claimant, the brother of the deceased as PW.1 and produced documents issued by Bajaj Allianz at Exs.P 8 and 9, RTCs at Exs.P 10 and 11 and Pan Card at Ex.P 12. Ex.P 8 is the commission bill for the period from 16.08.2006 to 31.08.2006 showing that during this period he was paid Rs.10,000/- towards commission and Rs.4,000/- towards bonus. Ex.P 9 is another commission bill for the period from 16-07- 6 2006 to 31-07-2006 showing that during the said period he was paid Rs.25,000/- towards commission and Rs.2,500/- towards bonus. No document is produced to show how much commission he was getting in a year. RTC produced at Exs.P 10 and 11 show, the family of the deceased was owning an extent of 3 acres 32 guntas of agriculture land and now on account of death of deceased his supervisory capacity is lost to the family. Taking all these factors into consideration, we re-assess the income of the deceased at Rs.8,000/- p.m. Since, deceased died as a bachelor, 50% of his income has to be deducted towards his personal expenses and remaining 50% has to be taken as his contribution towards family. Multiplier of `7' has to be applied based on the age of his mother who was 65 years at the relevant point of time. So, loss of dependency would come to Rs.3,36,000/- (Rs.4,000 x 12 x 7) and 7 we award the same as against Rs.2,52,000/- awarded by the Tribunal.
9. Having regard to the fact that the mother of deceased has lost her earning son without seeing his future and two brothers have lost the love and affection of their deceased brother. We award Rs.30,000/- towards love and affection at the rate of Rs.10,000/- to each of the claimants, Rs.25,000/- towards loss of estate and Rs.25,000/- towards transportation of dead body and funeral expenses of the deceased. Thus, we award a total compensation of Rs.4,16,000/- as against Rs.2,63,000/- awarded by the Tribunal and claimants are entitled for additional compensation of Rs.1,53,000/-.
10. Accordingly, the appeal filed by the claimants is allowed in-part. The impugned judgment and award dated 05.01.2010 passed in MVC 8 No.323/2006 by the Civil Judge (Sr.Dn.,) and JMFC & the Additional Motor Accidents Claims Tribunal at Sagara is hereby modified, awarding additional compensation of Rs.1,53,000/- with interest at 6% per annum from the date of claim petition till the date of realization.
Respondent - Insurance Co. is directed to deposit the additional compensation amount with interest at 6% per annum within three weeks, from the date of receipt of a copy of this Judgment.
Out of the enhanced compensation of Rs.1,53,000/, Rs.1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank in the name of the first appellant for a period of five years and renewable for another five years, with liberty to her to withdraw the interest accrued on it periodically. 9
The remaining Rs.53,000/-with proportionate interest shall be released in favour of all the claimants in equal proportion.
Office to draw the award accordingly. No order as to costs.
SD/-
JUDGE SD/-
JUDGE Sk/-