Karnataka High Court
Smt Rekha D vs Sri Veerappa N on 14 December, 2023
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NC: 2023:KHC:46023
MFA No. 3448 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 3448 OF 2016 (MV-D)
BETWEEN:
1. SMT REKHA D
W/O LATE K SRIDHARAN
AGED ABOUT 46 YRS
R/AT NO. 3, 9-A CROSS, DEFENCE COLONY,
BANGALORE-73.
2. KUM. MANASEE,
D/O LATE K SRIDHARAN,
AGED ABOUT 13 YRS,
MINOR
THEY ARE REPRESENTED BY THEIR MOTHER AND
NATURAL GUARDIAN APPELLANT NO.1
R/AT NO.3, 9-A CROSS, DEFENCE COLONY,
BANGALORE-73.
3. MAST. GOUTHAM
S/O LATE K SRIDHARAN
AGED ABOUT 9 YEARS
Digitally signed MINOR
by VINUTHA B S
Location: HIGH
THEY ARE REPRESENTED BY THEIR MOTHER AND
COURT OF NATURAL GUARDIAN APPELLANT NO.1
KARNATAKA
R/A NO.3, 9-A CROSS, DEFENCE COLONY,
BANGALORE-73.
...APPELLANTS
(BY SMT. KALPANA P V.,ADVOCATE)
AND:
1. SRI VEERAPPA N
S/O LATE NARAYANAPPA
AGED ABOUT 40 YRS
R/A GANGONDANAHALLI
K G SRI KANTAPURA
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NC: 2023:KHC:46023
MFA No. 3448 of 2016
LAKSHMIPURA POST
BANGALORE.
2. M/S CHOLAMANDALAM M S
GENERAL INS. CO. LTD
REGIONAL OFFICE
NO.135/5, 2ND FLOOR, 15TH CROSS
J P NAGAR, 3RD PHASE
BANGALORE-78
REPT. BY REGIONAL MANAGER
...RESPONDENTS
(BY SRI. H S LINGARAJU FOR R2.,ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 25.11.2015 PASSED IN MVC
NO.2963/2014 ON THE FILE OF THE 19TH ADDITIONAL SMALL
CAUSES JUDGE, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Smt. Kalpana P.V., learned counsel for the appellants as well as Sri H.S. Lingaraju, learned counsel who represents respondent No.2.
2. Challenge in this appeal is the order that was rendered by the Motor Accidents Claims Tribunal Bengaluru in M.V.C. No.2963/2014 dated 25.11.2015.
3. Being dissatisfied with the quantum that is awarded as compensation, the claimants have preferred the present appeal.
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NC: 2023:KHC:46023 MFA No. 3448 of 2016
4. Arguing in respect of the merits of the matter, the only point raised by the learned counsel for the appellants is that the income taken by the Tribunal in respect of the deceased is on lower side and therefore, by taking the exact income, recalculation has to be made. Learned counsel also states that as per the contents of Ex.P-6 which is copy of certificate issued by Kennametal India Limited and through the evidence of PW2, it is established that the earnings of deceased was Rs.35,796/- per month. Learned counsel seeks to take the said income into consideration for awarding compensation.
5. Opposing the said submission thus made, learned counsel appearing for respondent No.2 states that the income as mentioned in Ex.P6 includes different kinds of allowances including uniform allowance and therefore, deducting those inadmissable allowances, the Tribunal has rightly taken the income of the deceased as Rs.25,271/- per month. A perusal of contents of Ex.P6 goes to show that the deceased Sri. K. Shridharan was being paid Basic Salary of Rs.9,975/-, Additional Basic of Rs.7,088/-, Fixed Dearness Allowance of Rs.3,643/-, Variable Dearness Allowance of Rs.3,395/-, House -4- NC: 2023:KHC:46023 MFA No. 3448 of 2016 Rent Allowance Rs.1,370/-, Additional Housing Rent Allowance of Rs.4,891/-, Special Conveyance Allowance at Rs.1,130/-, Special Allowances of Rs.452/-, Medical allowances of Rs.1,350/-, Educational Allowance of Rs.1,275/- and Uniform allowance of Rs.1,227/-. As rightly contended by the learned counsel for the respondent No.2, when the admissible amounts are taken into consideration i.e., the Basic Salary, Additional Basic, Fixed Dearness Allowance, Variable Dearness Allowance, House Rent Allowance and Additional House Rent Allowance, the monthly income comes to Rs.30,362/-. Out of the said amount, 10% income tax has to be deducted. The salary after payment of income tax comes to Rs.27,326/-, on deduction of professional tax of Rs.200/-, the sum comes to Rs.27,126/-. As applied by the Tribunal, in case 30% is added towards future prospectus, the income arrived at would be Rs.35,264/-, on deduction of 1/3rd of the same towards the personal and living expenses which the deceased would have incurred for himself had he been alive, the contribution towards his family members comes to Rs.23,509/-. Therefore, the annual contribution of the deceased towards his family members comes to Rs.2,82,108/-. On applying the appropriate multiplier of '14', -5- NC: 2023:KHC:46023 MFA No. 3448 of 2016 the loss of dependency comes to Rs.39,49,512. Only Rs.36,79,536/- is awarded by the Tribunal under that head. The difference of amount is Rs.2,69,976/-.
6. This Court does not find any other grounds to interference with. Thus, the amount that is liable to be enhanced is Rs.2,69,976.
Thus, the appeal is allowed in part.
The award of compensation is enhanced by Rs.2,69,976/-. The enhanced amount shall carry interest at the same rate as awarded by the Tribunal and apportionment also to the same effect.
Sd/-
JUDGE RAK List No.: 1 Sl No.: 43