Karnataka High Court
Smt Bhadramma W/O. Late Ningaiah @ ... vs S C Sarvesh S/O. S Chikkabasappa on 17 September, 2012
Author: B.Sreenivase Gowda
Bench: B. Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR. JUSTICE B. SREENIVASE GOWDA
M.F.A.NO.2126/2009 (MV)
BETWEEN:
1. SMT. BHADRAMMA,
W/O LATE NINGAIAH
@ CHIKKAGANIGOWDA,
AGED ABOUT 48 YEARS.
2. MADESHA,
S/O LATE NINGAIAH
@ CHIKKAGANIGOWDA,
MAJOR.
BOTH ARE RESIDING AT
KARASAVADI VILLAGE,
KOTHATHI HOBLI,
MANDYA TQ.
... APPELLANTS
(BY SMT. ASHA.B.L, ADVOCATE)
AND:
1. S.C. SARVESH,
S/O S.CHIKKABASAPPA,
R/AT D.NO.1468, JAIN COLONY,
II CROSS, ASHOK NAGAS,
MANDYA CITY.
2
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
1220, 2ND CROSS, ASHOK NAGAR,
MANDYA CITY.
...RESPONDENTS
(BY SRI. M.S. MANDANNA, ADVOCATE FOR R2
R1-SERVED)
***
THIS MFA IS FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED
24.11.2008 PASSED IN MVC NO.125/2007 ON THE FILE
OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM AND
MACT, MANDYA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL IS COMING ON FOR HEARING-
INTERLOCUTORY APPLICATION THIS DAY, THE COURT
DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. Heard, the appeal is admitted and with the consent of learned counsel appearing for parties, it is taken up for final disposal.
3
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding death of deceased Ningaiah @ Chikkaganigowda, in a road traffic accident occurred on 20.02.2007 due to rash and negligent driving of lorry bearing registration No.KA- 09/457 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
"whether quantum of compensation
awarded by the Tribunal is just and
reasonable or does it call for enhancement?"
5. After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.
4
6. The deceased was aged about 55 years and the multiplier applicable to his age group is '11'. The Claim Petition is filed by his wife and son seeking compensation under section 166 of MV Act. The claimants in support of their contention that the deceased was earning Rs.10,000/- p.m. by doing agriculture and working as an employee in a provision store except examining the first claimant/wife of the deceased as PW-1 have not produced any documents establishing the profession and income of the deceased. In the absence of proof of income, considering his age as 58 years and year of accident as 2007 and his profession as coolie, his income is assessed at Rs.4,000/- per month. Even after excluding second claimant as not a dependant LR and considering first claimant is the only the dependant LR, 1/3rd of the income of the deceased has to be deducted towards 'personal expenses' and 2/3rd has to be taken as his contribution to family. Therefore, 5 'loss of dependency' works out to Rs.3,52,000/- (Rs.4,000 x 11 x 12 x 2/3) and it is awarded as against Rs.2,64,000/- awarded by the Tribunal.
8. A sum of Rs.40,000/- is awarded towards 'Conventional heads' (loss of love and affection, funeral and transportation charges, loss of estate and loss of consortium) as against Rs.27,000/- awarded by the Tribunal.
9. Thus, the claimants are entitled for the following compensation:-
PARTICULARS Rs.
1 Loss of Dependency 3,52,000
2 Conventional Heads 40,000
TOTAL 3,92,000
Compensation awarded by the 2,91,000
Tribunal
BALANCE 1,01,000
10. Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimants 6 are entitled for an additional compensation of Rs.1,01,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
11. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, Rs.60,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of first claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 6 years renewable once in 2 years and with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the first claimant.
No order as to costs.
Sd/-
JUDGE VM