Karnataka High Court
Stany Cuntinha vs Smt. Subrabha K Chatra on 27 June, 2014
Bench: N.K.Patil, B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF JUNE, 2014
:PRESENT:
THE HON'BLE MR. JUSTICE N.K. PATIL
AND
THE HON'BLE MR. JUSTICE B. SREENIVASE GOWDA
MFA No. 5578/2013 (MV)
BETWEEN:
1. STANY CUNTINHA
AGED ABOUT 56 YEARS,
S/O JOHN CUNTINHA,
RES/AT SHALOM, CUNTINHA COMPOUND,
D.NO 2-8-680, BEJAI KAPIKAD, BEJAI,
MANGALORE TALUK, D.K
2. MOLLY CUNTINHA
AGED ABOUT 50 YEARS,
W/O STANY CUNTINHA,
RES/AT SHALOM, CUNTINHA COMPOUND,
D.NO 2-8-680, BEJAI KAPIKAD, BEJAI,
MANGALORE TALUK, D.K
3. SUJAYA MARWIN CUNTINHA
AGED ABOUT 21 YEARS,
S/O STANY CUNTINHA,
RES/AT SHALOM, CUNTINHA COMPOUND,
D.NO 2-8-680, BEJAI KAPIKAD, BEJAI,
MANGALORE TALUK, D.K
4. SANJAN MELROY CUNTINHA
AGED ABOUT 19 YEARS,
S/O STANY CUNTINHA,
RES/AT SHALOM, CUNTINHA COMPOUND,
2
D.NO 2-8-680, BEJAI KAPIKAD, BEJAI,
MANGALORE TALUK, D.K
... APPELLANTS
(BY SRI P.N. VARADARAJ, FOR SRI D. KRISHNAMOORTHY,
ADVOCATE)
AND
1. SMT. SUBRABHA K CHATRA
AGED ABOUT 45 YEARS,
W/O S. KRISHNANDA CHATRA,
RES/AT BASROORU CROSS ROAD,
ODEYARA HOBLI,
KUNDAPURA-576 201,
UDUPI
2. THE ORIENTAL INSURANCE CO. LTD
MASTIKATTE TOWER, KUNDAPURA,
DIV. OFFICE AT BEAUTY PLAZA, BALMATTA,
MANGALORE-575 002,
REP/BY ITS MANAGER
... RESPONDENTS
(BY SRI S SRISHAILA, ADVOCATE FOR R2;
R1-NOTICE DISPENSED WITH V.O. DTD.27.06.2014)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:8.3.2013 PASSED IN
MVC NO.446/2012 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, MEMBER, MACT, MANGALORE,
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
N.K. PATIL, J., DELIVERED THE FOLLOWING:
:J U D G M E N T:
This appeal by the claimants is directed against the impugned judgment and award dated 08.03.2013 3 passed in MVC No.446/2012 on the file of the Principal Senior Civil Judge & Member MACT Mangalore, (hereinafter referred to as 'Tribunal' for short), contending that the compensation awarded by the Tribunal at 6% interest per annum is on the lower and it requires to be enhanced reasonably.
2. The Tribunal by its judgment and award has awarded a sum of Rs.6,40,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimants, on account of the death of the deceased-Steevan Cutinho, in the road traffic accident.
3. In brief, the facts of the case are:
The 1st and 2nd appellants are the parents, 3rd and 4th appellants are the brothers of the deceased and they have filed a claim petition before the Tribunal under section 166 of M.V. Act, claiming compensation against the owner and insurer of the 4 offending vehicle, on account of the death of the deceased in the road traffic accident, that occurred on 29.02.2012 at about 19.50 hours, when he was travelling as a pillion rider in a motor cycle bearing Reg. No. KA-19/EB-5281 at Pavanje-Kadekar Mangalore Taluk, due to rash and negligent driving by the driver of a Bus bearing No.KA-20/B-3819. It is the case of the claimants that, the deceased was aged about 23 years at the time of accident, hale and healthy and prosecuting B.E. (Mechanical) final semester and selected by HAL in campus interview and offered to join as a trainee for a salary of Rs.25,000/- per month. Respondents being owner and insurer of the offending vehicle are liable to pay the compensation. Due to his untimely death, the claimants were put to great loss and hardship and they have suffered mental pain and agony and the parents are deprived of seeing the bright future of their son and brothers have lost love and affection, 5 inspiration and guidance in life. The future of entire family is dependent on the deceased. Respondents appeared before the Court and denied the allegations regarding reason and mode of accident, age, status and ability of earning of the deceased and prayed to dismiss the petition. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs.6,40,000/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit. Not being satisfied with the compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.
4. The submission of learned counsel appearing for the appellants at the outset is that, the Tribunal has erred in not awarding reasonable 6 compensation towards loss of dependency and conventional heads. What is awarded is on the lower side which require to the enhanced reasonably. To substantiate the same, he pointed out and submitted that, the deceased had completed 7th semester B.E. in Mechanical having excellent career, aged about 23 years. Parents have lost their committed son, suffered mental pain and agony and the brothers have lost love and affection, inspiration and guidance in life. Therefore, he submits to re-assess the income reasonably and enhance the compensation towards loss of dependency and conventional heads.
5. As against this, Sri S. Srishaila, learned counsel appearing for the Insurer inter alia contended and sought to substantiate that, the impugned judgment and award passed by the Tribunal is just and proper. It is passed after considering the oral and documentary evidence and interference by this Court is not called for.
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6. After considering the submissions made by the learned counsel appearing for both the parties and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:
"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"
7. It is not in dispute that the deceased died in the road traffic accident. Further it is not in dispute that, the deceased was aged about 23 years at the time of accident, hale and healthy and was prosecuting his B.E. Mechanical final semester. Except making oral statements the claimants have not produced any credible documents to show that the deceased was selected by HAL in Campus Interview and offered a salary of Rs.25,000/- per month. In the light of law laid down by the Apex Court and this Court is Catena of judgments, if he 8 was alive he might have got more than Rs.12,000/- salary per month in probationary period. Therefore, we deem it fit to re-assess the income of the deceased at Rs.12,000/- per month to meet the ends of justice and deduct 50% of it towards his personal expenses as he was a bachelor. As the age of younger parent mother of the deceased was 49 years as on the date of accident the appropriate multiplier applicable is 13. Accordingly, we re-determine the compensation towards loss of dependency at Rs.9,36,000/- (Rs.6,000/- x 12 x 13) and accordingly awarded.
8. Considering the facts and circumstances of the case, we deem it fit to award Rs.40,000/- towards loss of love and affection at the rate of Rs.10,000/- to each claimants, Rs.25,000/- towards loss of estate and Rs.25,000/- towards transportation and funeral expenses.
9. Having regard to the facts and circumstances of the case as stated above, appeal is 9 allowed in part. The impugned judgment and award passed by the Tribunal dated 08.03.2013 in MVC No. 446/2012 is hereby modified awarding total compensation of Rs. 10,26,000/- as against Rs.6,40,000/- awarded by the Tribunal. There will be an enhancement of Rs.3,86,000/- with interest at 9% per annum from the date of petition till realization.
The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs.3,86,000/- with interest at 9% p.a., from the date of petition till the date of realisation, within three weeks from the date of receipt of a copy of this judgment.
Out of the remaining enhanced compensation, Rs.2,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 2nd appellant for a period of ten years and renewable for another ten years, with liberty to her to withdraw the periodical interest accrued on it.
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Out of the enhanced compensation, 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 1st appellant for a period of ten years and renewable for another five years, with liberty to him to withdraw the periodical interest accrued on it.
The remaining Rs.86,000/- with proportionate interest shall be released in favour of the 1st and 2nd appellants, in equal proportion, immediately, on deposit by the Insurer.
Draw the award, accordingly.
Sd/-
JUDGE Sd/-
JUDGE Sbs*