Karnataka High Court
Manjula vs K B Gangaraj on 17 February, 2014
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH
MFA No.6019/2011 (MV)
BETWEEN:
1.MANJULA
AGED 30 YEARS
W/O LATE SHANKAR
R/AT VADAKAHALLY VILLAGE, KIKKERI
HOBLI, K R PET TALUK PRESENTLY R/AT
MARANAYAKANAHALLY VILLAGE, KASABA HOBLI,
HOLENARASPURA TALUK, HASSAN DISTRICT
2.MANGALA D/O LATE SHANKAR
AGED 9 YEARS, MINOR AND REP BY
THEIR MOTHER/NATURAL GUARDIAN
APPELLANT NO.1, R/AT VADAKAHALLY
VILLAGE, KIKKERI HOBLI, K R PET TALUK
PRESENLY R/AT MARANAYAKANAHALLY VILLAGE,
KASABA HOBLI,HOLENARASIPURA TALUK, HASSA
3.KARAN S/O LATE SHANKAR
AGED 5 YEARS, MINOR AND REP BY
THEIR MOTHER/NATURAL GUARDIAN
APPELLANT NO.1, R/AT VADAKAHALLY
VILLAGE, KIKKERI HOBLI, K R PET TALUK
PRESENLY R/AT MARANAYAKANAHALLY VILLAGE,
KASABA HOBLI,HOLENARASIPURA TALUK, HASSA
4.NANJAMMA
AGED 58 YEAS W/O LATE SHIVANEGOWDA
R/AT VADAKAHALLY
VILLAGE, KIKKERI HOBLI, K R PET TALUK
PRESENLY R/AT MARANAYAKANAHALLY VILLAGE,
KASABA HOBLI,
HOLENARASIPURA TALUK,
HASSAN ... APPELLANTS.
(BY SRI CHETAN NAG.S, ADV.)
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AND :
1.K B GANGARAJ
S/O BASAVEGOWDA
R/O J P ROAD, 2ND CROSS,
SAGARA TOWN, SHIMOGA
2.THE MANAGER
THE ROYAL SUNDARAM INSURANCE CO LTD.,
NEAR SHIVAMURTHY CIRCLE,
KUVEMPU ROAD,
SHIMOGA DISTRICT
3.THE MANAGER
THE ROYAL SUNDARAM INSURANCE CO LTD.,
RAGHAVENDRA COMPLEX, G-FLOOR,
1ST CROSS, HOSUR ROAD,
WILSON GARDEN,
BANGALORE ... RESPONDENTS.
*******
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:19.11.2010
PASSED IN MVC NO.86/09 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, HOLENARASIPURA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FURTHER ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING: -
JUDGMENT
Misc.Cvl.14375/2011 is filed for condonation of 92 days delay in preferring the appeal. Delay of 92 days is condoned subject to the condition the claimants will not be entitled for interest on the enhanced amount for the delay period. Misc.Cvl.14375/2011 is allowed. -3-
2. This appeal is by the claimants for enhancement of compensation against the judgment and award dated 19.11.2010 passed in MVC No.86/2009 by the Senior Civil Judge & JMFC, Holenarasipura.
3. The claimants are legal representatives of deceased Shankar, who died in the accident on 15.05.2009 in the morning around 6.30 a.m., while he was going near the land of Raje Gowda at Vadakahally Village. At that time, a bus bearing registration No.KA- 15 - 4730 came in a rash and negligent manner and dashed against the deceased Shankar. Due to the impact, he fell down and succumbed to the injuries. The claim petition was filed by the legal representatives i.e., wife, children and mother of the deceased and on the matter being contested by the Insurer, the Tribunal after enquiry held that the accident occurred due to the negligence on the part of the driver of the bus in question and awarded total compensation of Rs.6,57,000/- with interest @ 6% p.a. on the following heads:-
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a. Loss of Dependency Rs.6,07,000/- b. Loss of Consortium Rs. 20,000/- c. Loss of filial love Rs. 10,000/-
d. Loss of estate Rs. 10,000/-
e. Transportation of dead body
& funeral expenses Rs. 10,000/-
________________
Total Rs.6,57,000/-
_________________
4. Being not satisfied, the claimants are in appeal before this Court seeking enhancement of compensation.
5. Heard the learned counsel appearing for the parties.
6. According to the learned counsel for the appellants, the income of the deceased taken at Rs.4,500/- per month for calculating loss of dependency as Rs.6,07,000/- is on the lower side. The deceased was supervising agricultural land and he was maintaining cows and earning more than Rs.10,000/-
per month.
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7. Learned counsel appearing for respondent - Insurer inter alia contended that there is no cogent evidence produced to prove his monthly income and accordingly submitted that as such, no enhancement is required.
8. Having regard to the fact that the family has lost the bread winner, another sum of Rs.70,000/- is awarded over and above the compensation awarded by the Tribunal with interest @ 6% p.a. from the date of petition till the date of deposit, excluding interest for the period of delay in preferring the appeal.
9. The appeal is allowed in part. Respondent - Insurer to deposit the amount within three months.
Sd/-
JUDGE NG*