Karnataka High Court
Smt Narayanamma vs Proprietor M/S Hello Cranes on 7 December, 2022
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
MFA No. 4322 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 4322 OF 2019 (MV-D)
BETWEEN:
1. SMT NARAYANAMMA
W/O LATE NARAYANASWAMY
AGED ABOUT 38 YEARS
R/O TYHIMMANAYAKANAHALLI VILLAGE
MALUR TALUK
KOLAR DISTRICT 563130
2. MASTER CHANDRASHEKAR T N
S/O LATE NARAYANASWAMY
AGED ABOUT 20 YEARS
R/O TYHIMMANAYAKANAHALLI VILLAGE
MALUR TALUK
KOLAR DISTRICT 563130
3. MASTER HARISH T N
S/O LATE NARAYANASWAMY
AGED ABOUT 18 YEARS
Digitally signed R/O TYHIMMANAYAKANAHALLI VILLAGE
by C MALATHI
MALUR TALUK
Location: High
Court of KOLAR DISTRICT 563130
Karnataka
4. KUM MANJULA T N
D/O LATE NARAYANASWAMY
AGED ABOUT 17 YEARS
SINCE MINOR REPD. BY
NATURAL GUARDIAN MOTHER
-2-
MFA No. 4322 of 2019
SMT NARAYANAMMA
R/O TYHIMMANAYAKANAHALLI VILLAGE
MALUR TALUK
KOLAR DISTRICT 563130.
...APPELLANTS
(BY SRI. CHETHAN B.,ADVOCATE)
AND:
1. PROPRIETOR M/S HELLO CRANES
FLAT NO 208
SHELTER APARTMENT
NO.15 PALMGROVE ROAD
AUSTIN TOWN
BANGALORE-560074
2. THE MANAGER
UNITED INDIA INSURANCE CO. LTD.,
KRUSHI BHAVANA, 5TH AND 6TH
FLOOR, HUDSON CIRCLE,
BANGALORE-560001.
...RESPONDENTS
(BY SRI. Y.P.VENKATAPATHY, ADVOCATE FOR R2:
NOTICE TO R1 DISPENSED WITH)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05/09/2018, PASSED IN
MVC NO.5238/2016, ON THE FILE OF THE I ADDITIONAL
SMALL CAUSES JUDGE & MACT, (SCCH-11), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-3-
MFA No. 4322 of 2019
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment dated 05.09.2018 passed by the Motor Accident Claims Tribunal, Bangalore (SCCH-11) in MVC No.5238/2016.
2. Facts giving rise to the filing of the appeal briefly stated are that on 11.06.2016 at about 6.10 p.m. the deceased Narayanaswamy was shifting the rock in the cart along with other co-workers on Malur - Masthi main road near Srinivasa Brick Factory. At that time, the crane bearing registration No.KA-03/MN-3989 which was being driven in a rash and negligent manner, dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries at the hospital.
-4-MFA No. 4322 of 2019
3. The claimants filed a petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.
4. On service of summons, the respondent Nos.1 and 2 appeared through counsel and filed written statements in which the averments made in the petition were denied. The age, occupation and income of the deceased are denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the liability is subject to terms and conditions of the policy. It was further pleaded that the quantum of compensation claimed by the claimants is exorbitant. Hence, he sought for dismissal of the petition.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimants, in order to prove their case, examined claimant No.1 as PW-1 and got exhibited documents namely Ex.P1 to Ex.P13. On behalf of -5- MFA No. 4322 of 2019 respondents, neither any witness was examined nor got exhibited documents. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the deceased sustained injuries and succumbed to the injuries. The Tribunal further held that the claimants are entitled to a compensation of Rs.15,82,000/- along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being not satisfied, this appeal has been filed.
6. The learned counsel for the claimants has raised the following contentions:
Firstly, the claimants claim that the deceased was earning Rs.20,000/- per month by working as a coolie. But the Tribunal is not justified in taking the monthly income of the deceased as only Rs.8,000/-.-6-
MFA No. 4322 of 2019
Secondly, as per the judgment of the Hon'ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LTD. Vs. NANU RAM reported in 2018 ACJ 2782, each of the claimants are entitled for compensation of Rs.44,000/- under the head of 'loss of love and affection and consortium'. Hence, he prays for allowing the appeal.
7. On the other hand, the learned counsel for the Insurance Company has raised the following counter- contentions:
Firstly, even though the claimants claim that the deceased was earning Rs.20,000/- per month, the same is not established by the claimants by producing documents. Therefore, the Tribunal has rightly assessed the income of the deceased notionally.
Secondly, since the claimants have not established the income of the deceased, they are not entitled for compensation towards 'future prospects'. -7- MFA No. 4322 of 2019
Thirdly, on appreciation of oral and documentary evidence and considering the age and avocation of the deceased, the overall compensation awarded by the Tribunal is just and reasonable. Hence, he sought for dismissal of the appeal.
8. Heard the learned counsel for the parties and perused the judgment and award.
9. It is not in dispute that Narayanaswamy died in the road traffic accident occurred on 11.06.2016 due to rash and negligent driving of the Crane bearing registration No.KA-03/MN-3989 by its driver.
The claimants claim that deceased was earning Rs.20,000/- per month. But they have not produced any documents to prove the income of the deceased. In the absence of proof of income, the notional income has to be assessed. As per the guidelines issued by the Karnataka State Legal Services Authority, for the accident taken place in the year 2016, the notional income of the -8- MFA No. 4322 of 2019 deceased has to be taken at Rs.9,500/- p.m. To the aforesaid income, 40% has to be added on account of future prospects in view of the law laid down by the Constitution Bench of the Supreme Court in NATIONAL INSURANCE CO. LTD. vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157. Thus, the monthly income comes to Rs.13,300/-. Since there are four dependents, it is appropriate to deduct 1/4th of the income of the deceased towards personal expenses and remaining amount, i.e.,Rs.9,975/- has to be taken as his contribution to the family. The deceased was aged about 39 years at the time of the accident and multiplier applicable to his age group is '15'. Thus, the claimants are entitled to compensation of Rs.17,95,500/- (Rs.9,975* 12*15) on account of 'loss of dependency'.
In addition, the claimants are entitled to compensation of Rs.16,500/- on account of 'loss of estate' and compensation of Rs.16,500/- on account of 'funeral -9- MFA No. 4322 of 2019 expenses'. Claimant No.1, wife of the deceased is entitled for compensation of Rs.44,000/- under the head of 'loss of spousal consortium'.
In view of the law laid down by the Supreme Court in the case of 'MAGMA GENERAL INSURANCE' (supra), claimant Nos.2 to 4, children of the deceased are entitled for compensation of Rs.44,000/- each under the head of 'loss of parental consortium'.
10. Thus, the claimants are entitled to the following compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 17,95,500
Funeral expenses 16,500
Loss of estate 16,500
Loss of spousal consortium 44,000
Loss of Parental 1,32,000
consortium
Total 20,04,500
- 10 -
MFA No. 4322 of 2019
11. In the result, the appeal is allowed in part. The judgment of the Claims Tribunal is modified.
The claimants are entitled to a total compensation of Rs.20,04,500/- as against Rs.15,82,000/- awarded by the Tribunal.
The Insurance Company is directed to deposit the enhanced compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment.
In view of the order dated 07.12.2022 passed by this Court, the claimants are not entitled for interest for the delayed period of 151 days in filing the appeal.
Sd/-
JUDGE cm/-