Karnataka High Court
Manjula vs Sugumar P on 10 January, 2020
Author: H T Narendra Prasad
Bench: H.T.Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY 2020
BEFORE
THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD
M.F.A.No.3344 OF 2015 (MV)
BETWEEN:
1. Manjula,
W/o Late. Rajanna,
Aged about 31 years.
2. Kavya,
D/o Late. Rajanna,
Aged about 12 years.
3. Madhu,
S/o Late. Rajanna,
Aged about 10 years.
4. Hanumakka,
W/o Late Doddahunchaiah,
Aged about 56 years,
Appellants 2 & 3 are minors,
Represented by their natural
Mother and guardian,
First appellant,
All are residing at,
Chikkonahalli Village,
Kasaba Hobli, Gubbi Taluk,
Now residing at near,
Water tank, Upparahalli,
Tumkuru Town-572 101. ... Appellants
(By Sri. Raghu R, Advocate)
2
AND:
1. Sugumar P.,
S/o Palaniyappa gounder,
Aged about 42 years,
R/at No.7/35-B, Kattusalai,
Unjapalyam Post,
Paramathi, Velur Taluk,
Namakkal District,
Tamil Nadu State Pin-687 001.
2. The Manager,
National Insurance Company Limited,
No.74/A, Paramathi Road,
Namakkal, Tamilnad,
Now represented by its Manager,
National Insurance Company Ltd.,
Behind Krishna Talkies,
Kasturi Mansion,
M.G.Road, Tumkur-572 101. ... Respondents
(By Sri. S. Srishaila, Advocate. for R2:
Notice to R1 is dispensed with
v/o dated:20.07.2015)
This MFA is filed under 173(1) of MV Act, against the
Judgment and Award dated:26.11.2014 passed in MVC
No.628/2013 on the file of the Principal Senior Civil Judge,
MACT-10, Tumkur, partly allowing the claim petition for
compensation and seeking enhancement of compensation.
This MFA, coming on for admission, this day, this
Court, delivered the following:
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JUDGMENT
This appeal is filed by the wife, minor children and mother of the deceased Rajanna under Section 173 of the Motor Vehicles Act challenging the judgment and award dated 26.11.2014 passed by the Principal Senior Civil Judge and MACT-X at Tumkur in MVC No.628/2013 whereby the Tribunal has awarded a compensation of Rs.7,78,000/- with interest at 6% p.a. from the date of petition till the date of deposit. Being not satisfied with the compensation amount claimants have filed this appeal.
2. The brief facts of the case are that on 01.06.2013 at about 8.30 a.m. the deceased Rajanna along with his friend was proceeding on motor bike bearing registration No.KA-06/EH-639 from Tumkur towards Bangalore. When they reached near Nandihalli - Devarahoshalli Bridge, Tumkur, NH 4 road, the driver of the lorry bearing registration No.TN-28/AF-1116 came in a rash and negligent manner and dashed against the motorcycle of the deceased Rajanna. Due to the impact, Rajanna 4 sustained grievous injuries and died on the spot. Afterwards the claimants have filed the claim petition in MVC No.628/2013.
3. To establish their case, first claimant was examined as PW1 and got marked 10 documents as Exs. P1 to P10. On the other hand, the respondents have neither examined any witnesses nor marked any documents. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs.7,78,000/- with interest at 6% p.a. from the date of petition till the date of realization. Being not satisfied with the quantum of compensation, claimants have filed this appeal.
4. Sri Raghu R., learned counsel for the appellants submits that at the time of the accident deceased was aged about 45 years and he was earning Rs.15,000/- per month. The Tribunal has assessed the notional income of the deceased at Rs.5,000/- per month which is on the lower side. Secondly, he contended that as per the law 5 laid down by the Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED vs. PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680 claimants are entitled for Rs.70,000/- under the conventional heads. Thirdly, he contended that as per the law laid down by the Hon'ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LTD. vs. NANU RAM reported in 2018 SCC Online SC 1546, the children and mother of the deceased are entitled for compensation under the category of 'loss of love and affection' and the compensation under the said head by the Tribunal is on the lower side. Lastly, he contended that there are four dependents but the Tribunal is not justified in deducting 1/3rd towards personal expenses of the deceased and it should be ¼. Hence, he sought for enhancement of compensation.
5. Per contra, Sri S.Srishaila, learned counsel for the second respondent - Insurance Company contended that even though claimants have claimed that deceased was 6 earning Rs.15,000/- per month, but they have not produced any documents to establish their claim. Secondly, he contended that the Tribunal, taking into consideration the age of the deceased and his avocation, has rightly granted just and fair compensation on all the other heads. Hence, he sought for dismissal of the appeal.
6. Heard learned counsel for the parties and perused the records.
7. It is not in dispute that the deceased Rajanna died due to the accident that occurred on 01.06.2013 involving lorry bearing registration No.TN-28/AF-1116. Even though claimants have claimed that at the time of the accident deceased was earning Rs.15,000/- per month they have not produced any documents to establish their claim. Under those circumstances, the Tribunal was left with no other option but to assess the notional income. Accordingly, notional income of Rs.5,000/- per month was assessed, which is on the lower side. This Court in catena of decisions while assessing the notional income has 7 considered the chart prepared by the Lokadalat for deciding the cases. As per the chart, for the accident of the year 2013, notional income has been fixed at R.8,000/-. Accordingly, notional income of Rs.8,000/- is taken. In view of PRANAY SETHI's case (supra), in case deceased was self employed or on a fixed salary addition of 25% has to be added as future prospects where deceased was between the age of 40 to 50 years. Since the deceased was 45 years, 25% has to be added towards future prospects. The number of dependents are four in number. Therefore, the Tribunal is not justified in deducting 1/3 towards personal expenses of the deceased and it should be ¼. Accordingly, loss of dependency is recalculated as under:
Monthly income - 8,000/- Add: 40% towards future prospects - 2,000/- Total - 10,000/- Less: ¼ towards personal expenses - 2,500/- Actual income - 7,500/- 8 Multiplier - 14 Loss of dependency 7,500 x 12 x 14 - 12,60,000/-
8. In respect of conventional heads, as per PRANAY SETHI (supra), Rs.15,000/- under the category of 'loss of estate', Rs.40,000/- under the category of 'loss of consortium' and Rs.15,000/- under the category of 'funeral expenses' has to be awarded. For 'loss of love and affection' is concerned, as per MAGMA GENERAL INSURANCE CO. (supra), the children of the deceased are entitled for parental consortium and the parents of the deceased are entitled for filial consortium. The claimant Nos. 2 and 3 who are the minor children of the deceased have lost their father at their young age. They lost parental aid, protection, affection, society, discipline, guidance and training. Therefore, this court is of the opinion that they are entitled for Rs.30,000/- each under the category of 'loss of love and affection'. The claimant No. 4, who is the mother of the deceased has lost her 9 young son and it is a great shock and agony to the parents to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit. Since she lost her son she is entitled to compensation of Rs.30,000/- under the category of 'loss of love and affection'.
9. For the reasons stated above, the appeal filed by the claimants is hereby allowed in part. The award, dated 26.11.2014, stands modified as under:
As awarded As awarded
Compensation under by the by this
different Heads Tribunal Court
(Rs.) (Rs.)
Loss of dependency 7,28,000/- 12,60,000/-
Transportation of dead 10,000/- -
body
Funeral expenses 10,000/- 15,000/-
Loss of love and affection 10,000/- 90,000/-
Loss of estate 10,000/- 15,000/-
Loss of consortium 10,000/- 40,000/-
Total 7,78,000/- 14,20,000/-
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10. The Insurance Company is directed to deposit the entire compensation amount along with interest @ 6% per annum from the date of filing of the claim petition, till the date of realization, within a period of three months from the date of receipt of a copy of this judgment The amount so deposited by the Insurance Company shall be disbursed to the claimants as per the apportionment made by the Tribunal, after due verification of their identity.
Sd/-
JUDGE Cm/-