Karnataka High Court
Smt Mini Thomas W/O Late P T Thomas vs United India Assurance Co Ltd on 28 November, 2012
Bench: N.K.Patil, B.S.Indrakala
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF NOVEMBER, 2012
:PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MRS.JUSTICE B.S.INDRAKALA
M.F.A. No. 1281 of 2008 (MV)
Between:
1. Smt. Mini Thomas,
W/o. Late P.T.Thomas,
Aged about 38 years.
2. Master Nithin Baby Thomas,
S/o. Late P.T.Thomas,
Aged about 14 years,
Rep. by his natural guardian mother.
Both are R/at. No.876,
EWS II Stage, Yelahanka New Town,
Bangalore-64.
....Appellants
(By Sri. Siji Malayil, for Siji Malayil & Associates)
And:
1. United India Assurance Co., Ltd.,
No.109, S.S.I. Area,
Next to Dasaashrama,
Dr. Rajkumar Road, 5th Block,
Rajajinagar,
Bangalore-10.
2
2. H.G.Devaraj,
S/o. Late Gundegowda,
Aged about 38 years,
No.1546, 6th Main,
'E' Block, 2nd Stage,
Rajajinagar,
Bangalore-10.
....Respondents
(By Sri. B.A.Ramakrishna, Advocate for R1;
Sri. Satyanarayan.S.Chalke, for Lex Plexus, Advocate for R2)
********
This MFA is filed U/s. 173(1) of MV Act against the
Judgment and Award dated: 19/11/2007 passed in MVC
No.431/2007 on the file of the III Additional Judge and
Member, Motor Accident Claims Tribunal, Bangalore (SCCH-
18), Partly allowing the claim petition for compensation and
seeking enhancement of compensation.
This M.F.A. coming on for Hearing this day,
N.K. PATIL J, delivered the following:
:J U D G M E N T:
This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 19/11/2007 passed in MVC No.431/2007 by the III Additional Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-18), (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate.
3
2. The Tribunal by its judgment and award has awarded a sum of `5,75,000/- under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the claimants for a sum of `50,00,000/-, on account of the death the deceased Sri.P.T.Thomas, in the road traffic accident.
3. In brief, the facts of the case are:
The appellant No.1 is the wife and appellant No. 2 is the minor son of the deceased Sri. P.T. Thomas. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident that occurred on 11.11.2006 at about 1.30 p.m. near Kanteerava studio near Micro Lab Pvt. Bridge, on account of the rash and negligent driving by the driver of the Bajaj Auto bearing No.KA.05.5732.
4. It is the further case of the appellants that, the deceased was aged about 46 years, hale and healthy prior to the accident, working as Project in charge (Heavy Fabrication Structural Engineering) in Abhinav Krishna 4 Engineering works and drawing the salary of `11,370/- per month. Due to his untimely death, appellant No.1 has lost her life partner and appellant No. 2 is deprived of his father's love and affection, security and guidance lost their bread earner suffered both financial and social insecurity..
5. 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 `5,75,000/- under different heads with interest at 6% p.a., from the date of petition till its realization.
6. Being dis- satisfied with the compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.
7. We have heard the learned counsel appearing for the appellants and learned counsel for first respondent-Insurance Company.
8. After hearing the learned counsel for the appellants and after careful perusal of the material 5 available on record at threadbare, including the impugned judgment and award passed by the Tribunal, we are of the considered view that, the occurrence of the accident and resultant death of the deceased is not in dispute. Further, it emerges that, the Tribunal having regard to the age, occupation and the year of accident, has assessed the income of the deceased at `5,000/- per month, which is just and proper and we accept the same. To that, 30% is to be added towards future prospects in view of the judgment of the Apex Court in the case of Santosh Devi Vs. National Insurance Company Limited and others reported in 2012 AIR SCW 2892. If 30% (`1,500/-)is added to the monthly income of the deceased towards future prospects, his total monthly income comes to `6,500/- (`5,000/- + `1,500/-). Out of which, if 1/3rd (`2,166/-) is deducted towards the personal expenses of the deceased, his net income comes to `4,334/- per month. Accepting the Multiplier of '13' adopted by the Tribunal since the 6 deceased was 46 years at the time of his death, we re- determine the loss of dependency at `6,76,104/- (`4,334/- x 12 x 13) instead of `5,20,000/- awarded by the Tribunal and accordingly, it is awarded.
12. Having regard to the facts and circumstances of the case, we award a sum of `45,000/- towards conventional heads, such as, loss of consortium, loss of love and affection, loss of estate and transportation and funeral expenses. However, a sum of `25,000/- awarded by the Tribunal towards medical expenses, transportation of dead body and funeral expenses is concerned, we confirm the same towards medical expenses only. In all, the appellants are entitled to a total compensation of `7,46,104/- instead of `5,75,000/-. There would be an enhancement of `1,71,104/- with interest at 6% p.a., from the date of petition till its realization.
13. For the foregoing reasons, the appeal filed by the appellants is allowed in part and the impugned judgment and award dated 19/11/2007 passed in MVC 7 No.431/2007 by the III Additional Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-18), is hereby modified, awarding the compensation of `1,71,104/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The Insurer is directed to deposit the enhanced compensation of `1,71,104/- with interest at 6% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment and award.
Immediately on deposit by the Insurer, out of the enhanced compensation of `1,71,104/-, a sum of `1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of appellant No. 1 for a period of ten years renewable by another ten years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
8
The remaining sum of `71,104/- with proportionate interest shall be released in favour of the appellant No.1 immediately.
Office to draw the award, accordingly.
SD/-
JUDGE SD/-
JUDGE tsn*