Karnataka High Court
Sri K Narayanaswamy S/O Kempalappa vs Mr Kamal Adhikari on 21 October, 2009
IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 218'? DAY OF OCTOBER 2009 j BEFORE THE HON'BLE MRJUSTICE»1~L:31LLgA:§i>A7; A A M.F.A.NO.11999 OF 204O6edEI'I»m BETWEEN: 1. Sri.K.Narayanaswan1y, S / O.Kempa1appa, ' Aged about 53 years. 2. Kurn.Gayathra1nma, V D/O.K.Naraya11aS*A.?a'1ny,:=__ _ Aged about 2.2 y¢a:3_s,--;_ ~ _ 3. Sri.Gangadh_ai2.O_.' " V _ ._ S / O.K.N:araya'naswai11y,_ é " _' Aged abOut'*I8Vyeaf's.,,"A -- A 4. Kuz:r1.Nandi'i1_i_',OA _ _ _ 13/ O . K,Naraya'11§1swa*my.. " ,Aged_.»a:1;>Qu~t 14 years_,____A _ '~._Ap'pe11ant Q. Being Minor, 'I3_ei'ng" Rep.1jeséI1t"ed By Her Fat1rier'afid"_'Na'E§:'fa1 Guardian RepE1*esentedE' Appeilant NO. 1. A A . "A11 The :Afi)pel1ants Care the A Residents Of ArOOr Viliage, a "C_i1i.kK?rA)a}1apurTa1uk, ._j«*_.K'O.1Va3r'District. ...APPELLAN'I'S ' ['By"Sfi.B.V.Thi1ak, Adv.) L,/ l'\.) AJXQI 1. Mr.Kamal Aclhikari, S/o.Not Known To The Appellants, Aged about 55 years, A, 14/211, 1S.A.C.Colony, Vasanth Vihar, New Delhi. 2. M/S.Nationa1 Insurance Co., Ltdfl, Regd. Off--3, Middeleton Street, Calcutta, By Its Branch Manager . 1 And Duly Represeniied By" -- if " Regional Officer; * Income Tax Bui.idi1ig,_'--'. ' _ __ V , J.C.Road, Bangalo_re.""*-- » RESPONDENTS [By Sri.M.N,araya'I1a;ppa:. R§l2')" This MFl3;«--..is i.fiisdl"i1/s:Li73 (1) of MV Act against the Jiidgmentglarid mags dated 14.11.2003 passed in MVC 519146/Vije996l'llll%?n:ll the filelllllfiivil Judge [Sr.Dn) & JMFC, Addl. partly allowing the claim petition for 1 Vycompensation.andlseeking enhancement of compensation. This "?;\l/lTFA coming for Orders this day, the Court 5 4-the following: -- L//1 JUDGMENT
This appeal is directed against the judgment dated 14.11.2003, passed by the Add}. MACT, ee_i;;ebe;iep'1ie,c[i' in MVC No.46/1996.
2. By the impugned .j'u-dgmentld' Tribunal has granted c0mpensatib:fi.',Vpf_Rs;'- with interest at 6% pa. from date till the date of deposit. . "n V V d it V
3. Aggijieeeei iepeeiiient has filed this appeal, seeking _ei1harls3:e;nent,_ V' "
4. briepf, the the appellants are the LRs of deceased ;J'ayalakshn1'a'rnrna...' who died in the accident that about 2 p.m., near Arbor gate, on accc'untl'___()i"'theV_ and negligent driving of the vehicle VVT:--TVbeariI1,§"-~._No;_D13'C~158 by its driver. The appellants, the children of the deceased Jayalakshamma compensation of Rs.4,00,000/--. The Tribunal has awarded compensation of Rs.1,57,200/-- with interest at 6% L// pa. from the date of petition till the date of deposit. Aggrieved by that. the appellants have filed this appeal, enhancement.
5. The learned counsel for the that the deceased was a house wi'fe.___andV'a.1_so doing' ; and therefore, the Tribunal was taking the income of the deceased at -- the Tribunal should have taken the inoornefof at least, at Rs.80/-- per day.'-lle_, the impugned judgment an
6. counsel for the 2nd respondent the Tribunal on proper cjonsider:ait*io_n.: of theut'na*tc1*ial on record, has awarded just and reasoxiabie icorripensation and therefore, it does not calls for i*nterfere_nce., . ' 7'. {have carefully considered the submissions made it"-V.lbypth.Ae=1ea:ned counsel for the parties. L//.
8. The point that arises for my consideration is, whether the Tribunal has awarded just and reasonable compensation?
9. It is relevant to note, the sum of Rs.l,29,200/-- towards loss of income of the deceased at Rs.40/ dfiecevased was a housewife and also There is no documentary evidence_rega;1"'d'ing': the deceased. However, keeping a housewife and also doing _Se.riculturL~;,,:'_ the deceased can be taken at it is taken. The deceased wasoagedplll at the time of accident. appropriate. 'multiplier is 'l6'. As there are four needs to be deducted towards personal theH_expenseps,l,'if is deducted towards personal expenses out Ex "E?..,s.1,800_/-':., the balance comes to Rs.l,35{)/-- per month 4:-llwhiehrthedeceased would have contributed to the family. Per it comes to Rs.l6,200/-- and if multiplier of 'l6' is Vl'Ut'adopted, then, the compensation payable towards loss of L/' 6 I dependency comes to Rs.2,59,200/-- and accordingly, it is awarded .
H). The compensation awarded by the Tritiouinal towards loss of consortium, loss of love and affect1Lo'n.§.s'x1oss _.of. estate. transportation charges and funeral exp.e,n'sess--.:is._just -., and proper and therefore, it does not oa1ls:.forZ A is .'
11. The total compensation «°pvayab1§x_.."_; Rs.2,87,200/- and the breakup is 'as.x'fo11owsi'*
a) Towards loss of dependenoj ht /-
b} Towards i'oss-- ~ j a Rs. 10,000 /-
c) Towards loss' dlove ainhc'-_ affection Rs. 1 O, 000/ -- 'Towards. loss of esAt'ate_ .... Rs. 5,000/-
e) 'I'QWard*s pptrapnspoirrtation charges Rs. 1,000/- pTows1!dds"fun}§fs; expenses Rs. 2,000/- '' Total Rs.2,87,200/-
"accordingly, the appeal is allowed and the judgment and award, passed by the Tribunal, in L/.
5 J MVC No.46/1996, stands modified, granting compensation of Rs.2,8'7,200/- instead of Rs.1,57,200/- with interest at 6% pa from the date of petition til} the date of realization excluding the period of delay of 1013 days in filing. The 2nd respondent shall deposit "
weeks from today excluding the Apportionment shall be as done-lV_l5j,§thelTribunal the"
ratio of 40:20:20:20:. The, amo1ix1.t.VVV:aWar_ded.infavonr of the Appellants -- 1 to 3 shall -7 their favour. The amount awarded piritfavotjirll No.4 shall be invested nationalized bank for a period of three years lilétjilhappellant shall be entitled to Withdrawfthe interest'1ae(:r1.ied on it and spend it for the uplvthpeltlaward, accordingly. Sd/-
JUDGE