Karnataka High Court
Rajappa @ Rajashekarachar vs M/S Reliance General Insurance on 8 June, 2017
Author: B.Manohar
Bench: B Manohar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR. JUSTICE B MANOHAR
MFA No.6981/2012 (MV)
BETWEEN
1. RAJAPPA @ RAJASHEKARACHAR
S/O LATE B POORVACHARI
AGED ABOUT 52 YEARS.
2 LAXMIDEVI @ LAXMAMMA
W/O RAJAPPA @ RAJASHEKARACHAR
AGED ABOUT 46 YEARS.
BOTH ARE R/O BELAGATTA VILLAGE
CHITRADURGA TQ & DIST-577501. .. APPELLANTS
(By Sri SPOORTHY HEGDE N, ADVOCATE)
AND
1. M/S RELIANCE GENERAL INSURANCE
BY ITS BRANCH MANAGER
BRANCH OFFICE, RGICL, 28 EAST WING
5TH FLOOR CENTRE, M G ROAD
BANGALORE-560001
2. SHAMER PASHA,
S/O ANWAR PASHA
AGED ABOUT 40 YEARS
OWNER OF LORRY NO.KA-09/B-5377
R/O #6, 6TH CROSS, VALMIKI
NAGARA, MYSORE ROAD,
BANGALORE-560026. .. RESPONDENTS
(By Sri./Smt : H S LINGARAJ FOR R1,
R2 - NOTICE DISPENSED WITH V/C/O. DTD:17.11.2014)
2
THIS MFA IS FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED
2.2.2012 PASSED IN MVC NO.117/2011 ON THE FILE
OF 2ND ADDITIONAL SENIOR CIVIL JUDGE & MACT-VI,
CHITRADURGA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
The appellants are the claimants. Being not satisfied with the quantum of compensation awarded in the judgment and award dated 2nd February, 2012 passed in MVC No.117/2011 by the Motor Accident Claims Tribunal, Chitradurga (for short `Tribunal'), they have filed this appeal seeking for enhancement of compensation.
2. The appellants herein are the father and mother of the deceased Praveen Kumar. They filed a claim petition contending that on 10.3.2011 when the deceased Praveen Kumar was proceeding on a bicycle towards JMIT College on the left side of NH4 service road, near JMIT circle, the driver of a lorry bearing Registration No.KA-09/B-5377 drove the same in a rash 3 and negligent manner and dashed against the said bicycle. Due to that, the deceased fell down and sustains grievous injuries and was shifted to Government Hospital, Chitradurga. After first aid, he was shifted to SS Hospital, Davanagere. However, he succumbed to the injuries on 17.3.2011. In the claim petition, it was contended that at the time of death, the deceased was aged 18 years 10 months and studying 2nd year ITI in Electronics at JMIT College. In addition to that, he was doing part time work as a carpenter and was earning Rs.8,000/- per month. In view of death of the deceased, the family has lost one of the bread earners and sought for compensation of Rs.20,00,000/-
3. The Insurance Company defended the case by filing written statement.
4. After trial, the Tribunal held that due to actionable negligence on the part of driver of the lorry, the accident occurred. The deceased Praveen Kumar was proceeding on a bicycle and fell down. Subsequently he succumbed to the injuries. Hence, the 4 parents of the deceased are entitled for compensation. Though the claimants claimed that the deceased was earning Rs.8,000/- per month, no document has been produced to substantiate the same. In view of that, the Tribunal taking the notional income of the deceased as Rs.4,000/- per month, deducting 50% thereof as he was a bachelor and applying the multiplier 14 considering the age of the mother of the deceased awarded Rs.3,30,000/-, Rs.88,363/- towards medical expenses and Rs.20,000/- towards conventional heads. In all, a sum of Rs.4,44,363/- has been awarded with interest at 6% p.a. Being not satisfied with the quantum of compensation, the appellants have preferred this appeal.
4. I have carefully considered the arguments of Sri Shripad V Shastry, learned Advocate appearing for the appellants and Sri H S Lingaraj, learned Advocate appearing for the 1st respondent, perused the judgment and award, oral and documentary evidence. 5
5. The dispute in this appeal is only with regard to quantum of compensation. Though the claimants claimed that at the time of death, the deceased was aged about 18 years 10 months and studying in II year ITI in Electronics and earning Rs.8,000/- per month, the said contention has not been substantiated by necessary documents. Even though the claimants have not produced any documents to substantiate the same, the Tribunal ought to have taken into consideration the reasonable income while awarding the compensation. Even for daily wagers working in various Government Departments the income is being taken as Rs.5,500/- per month. Hence, the Tribunal ought to have taken the income of the deceased as Rs.6,000/- per month. Further, the Hon'ble Supreme Court in the judgments reported in (2012) 11 SCC 378 in the case of Amrit Bhanu Shali -vs- National Insurance Company Ltd. and (2015) 6 SCC 347 in the case of Munnalal Jain and anr. - vs- Vipin Kumar Sharma and others has clearly laid down a law that the age of the deceased has to be taken 6 into consideration while adopting the appropriate multiplier in accordance with the table enunciated in Sarla Verma and Others -vs- Delhi Corporation Transportation and another (2009) 6 SCC 121. In the instant case, the age of the deceased has to be taken into consideration. Hence, taking the income of the deceased as Rs.6,000/- per month, deducting 50% towards personal expenses and applying the multiplier 18 as laid down by the Hon'ble Supreme Court in Sarla Verma's case (supra) the claimants are entitled to a sum of Rs.6,48,000/- towards `loss of dependency' as against Rs.3,36,000/- awarded by the Tribunal. Further, the claimants are entitled to Rs.40,000/- towards conventional heads and a sum of Rs.88,363/- towards medical expenses as awarded by the Tribunal. In all, the claimants are entitled to Rs.7,76,363/- as against Rs.4,44,363/- with interest at 6% p.a. awarded by the Tribunal. Accordingly, I pass the following:
ORDER Appeal is allowed in part. The judgment and award dated 2nd February, 2012 passed in MVC 7 No.117/2011 by the Motor Accident Claims Tribunal, Chitradurga, is modified. The claimants are entitled to a sum of Rs.7,76,363/- as against Rs.4,44,363/- with interest at 6% p.a. Sd/-
JUDGE Bkm.