Karnataka High Court
Doddegowda vs Prathap Simha on 18 July, 2012
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA
AT BANGALORE
DATED THIS THE 18TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
MFA NO.2087/2006(MV)
BETWEEN :
1. DODDEGOWDA,
S/O DYAVEGOWDA
AGED ABOUT 56 YEARS,
2. DYAVAMMA,
S/O DODDEGOWDA,
AGED 51 YEARS,
BOTH ARE R/AT BYRAPURA, DUDA HOBLI,
HASSAN DISTRICT.
... APPELLANTS
(BY SRI.SHRIPAD V.SHASTRI, ADV.)
AND :
1. PRATAP SIMHA,
MAJOR,
NO.1130/31, 4TH CROSS, 12TH MAIN,
SRINIVASANAGAR, BANASHANKARI II STAGE,
BANGALORE-50.
2. THE ORIENTAL INSURANCE CO. LTD.,
NO.20, 100 FT. ROAD, JALAHALLI CROSS,
CHOKKASANDRA, BANGALORE-57,
BY ITS MANAGER.
... RESPONDENTS
2
(BY SRI.C.SHANKARA REDDY, ADV. FOR R2,
R1 NOTICE DISPENSED WITH)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
30.09.2005 PASSED IN MVC NO.5258/2003 ON THE FILE OF
THE 9TH ADDL. JUDGE, MEMBER MACT-7, COURT OF
SMALL CAUSES, METROPOLITAN AREA BANGALORE
(SCCH-7) PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED/MADE THE FOLLOWING:
JUDGMENT
This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.
2. Heard, the appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
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4. As there is no dispute regarding death of the deceased in a road traffic accident occurred on 29.8.2003 due to rash and negligent driving of the Tata Sumo bearing registration No.KA-05/AA-5500 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 the 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.
6. The deceased was a bachelor aged about 22 years at the time of his death in the accident. The claim petition is filed by his parents seeking enhancement of 4 compensation under Section 166 of M.V. Act. The claimants in support of their contention that the deceased by working as Assistant Cashier in a Bar and Restaurant was earning a sum of Rs.3,000/- per month excluding D.A. with accommodation examined the father of the deceased as PW 1 and they have produced the salary certificate and identity card of the deceased at Ex.P7 and Ex.P8 respectively. The employer of the deceased is not examined establishing his profession and income. In the absence of proof of income, considering his age as 22 years and the year of accident as 2003, his income can be assessed at Rs.4,500/- per month as against Rs.3,000/- per month assessed by the Tribunal. Since, the deceased was a bachelor, 50% of the his income has to be deducted towards his personal expenses and 13 multiplier has to be applied based on the age of his mother, who was aged 48 years at the relevant point of time. So the 'loss of dependency' works out to Rs.3,51,000/- (4500 x 1/2 x 5 13 x 12) and it is awarded as against Rs.2,16,000/- awarded by the Tribunal.
7. As Rs.24,000/- awarded by the Tribunal towards conventional heads is just and proper and there is no scope for enhancement under these heads.
8. Thus, the claimants are entitled for the following compensation:-
PARTICULARS Rs.
1 Loss of Dependency 3,51,000
2 Towards other conventional 24,000
heads
TOTAL 3,75,000
Compensation awarded by the 2,40,000
Tribunal
BALANCE 1,35,000
9. 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 are entitled for an additional compensation of Rs.1,35,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation. 6
10. The Insurance Company is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment.
11. Out of the additional compensation, Rs.1,00,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of second claimant mother of the deceased in any Nationalised Bank/Scheduled Bank/Post Office for a period of 6 years renewable once in two years with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimants in equal proportion.
No order as to costs.
Sd/-
JUDGE MBS/-