Karnataka High Court
Iddubai Mico vs B Narayana Bhat on 3 July, 2012
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 03RD DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
MFA NO. 3814/2010 (MV)
BETWEEN
1. IDDUBAI MICO
AGED ABOUT 55 YEARS.
2. ZOORABI,
AGED ABOUT 48 YEARS.
BOTH ARE R/O DUGGANA THOTA HOUSE,
MULOOR VILLAGE,
UCHILA POST,
UDUPI TALUK AND DISTRICT.
REPRESENTED BY HIS
GENERAL POWER OF ATTRONEY,
SULAIMAN AHAMAD SHEIK,
S/O LATE AHAMAD SHEIK,
R/AT UCHILA POST,
MULOOR VILLAGE,
UDUPI TALUK AND DISTRICT. ... APPELLANTS
(BY SRI: S VISHWAJITH SHETTY AND SRI N.K. SHETTY,
ADVOCATES)
AND
1. B. NARAYANA BHAT,
S/O B.RAMADAS BHAT,
AGED ABOUT 38 YERS,
2
RESIDING AT PANCHARATNA,
11/842, NODU HOUSE,
BIJAI, MANGALORE TALUK,
D.K. DISTRICT.
2. THE MANAGER,
THE ORIENTAL INSURANCE COMPANY LIMITED,
CITY BRANCH - I,
KULYADI BUILDING,
K.S. RAO ROAD,
HAMPANAKATTA,
MANGALORE TALUK
D.K. DISTRICT.
3. AHMED BAVA,
S/O HUSSAIN ABBA,
RESIDING AT KOTE HOUSE
PALIMAR,
UDUPI TALUK AND DISTRICT. ... RESPONDENTS
(BY SRI: C.SHANKARA REDDY ADVOCATE FOR R2, R1
NOTICE D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 23.12.2009 PASSED
IN MVC NO.1163/2007 ON THE FILE OF ADDITIONAL CIVIL
JUDGE (SR.DN) AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
UDUPI, 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:
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JUDGMENT
The appeal is filed by the claimants seeking enhancement of compensation passed by the Additional Civil Judge (Sr.Dn) and M.A.C.T, Udupi dated 23.12.2009 in MVC No.1163/2007.
2. The claimants are the parents of the deceased Khairunnisa D/o Iddubai Mico. On 28.05.2007 at about 11.15 a.m., the deceased was died in a road traffic accident. She was aged about 30 years at the time of death. It is the case of the appellants that the deceased was a qualified Fashion Designer and bride-dressing decorator, Ex.P89 Certificate of Fashion Designer has been produced. Further evidence that the deceased was earning about Rs.15,000/- per month, the tribunal committed an error in not assessing the said income for the purpose of awarding compensation under the head 'Loss of Dependency', on the ground claimants have not proved the income. Ex.P89 Certificate of Fashion Designer.
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3. The learned counsel appearing for the Insurance Company submitted to dismiss this appeal since, the occupation and avocation, as Fashion Designer of the deceased has not been proved.
4. I have heard learned counsel appearing for both the parties.
5. The only question arises for my consideration is "Whether the claimants have proved the income of the deceased on the basis of the avocation as Fashion Designer"?
6. The submission has been examined in the light of the order passed by the Tribunal. The claimants have not proved the income of the deceased. Under this circumstances, on the basis of Ex.P89 Certificate of Fashion Designer, I preferred to assess the income of the deceased at Rs.5,000/- per month and since, daughter was spinster 50% to be deducted towards personal expenses by taking multiplier of younger parent who was aged 45 years, multiplier would be '14'. Accordingly the calculation would be Rs.2,500/- x '14' x 12 = 4,20,000/- is awarded under the 5 head 'Loss of Dependency' as against Rs1,65,000/-. The compensation awarded under the 'Conventional Head' is confirmed. The enhanced amount shall carry interest./ Appeal is allowed in part accordingly Sd/-
JUDGE DP*