Karnataka High Court
Icici Lombard General Insurance Co. ... vs Benakal Eshwarappa @ B. Eshwarappa on 13 February, 2013
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 13TH DAY OF FEBRUARY, 2013
BEFORE
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
M.F.A. No.24932/2012 (MV)
BETWEEN:
ICICI Lombard General Insurance Co.Ltd.
By its Manager, Main Road
Parvathi Nagar, Bellary
Herein represented by
ICICI Lombard General Insurance Co.Ltd.
2nd Floor, Hero Honda Show Room
Bannigida Stop, Gokul Road
Hubli, Dist: Dharwad, Rep. by its
Manager - Legal
.. APPELLANT
(By Sri. Ravindra R.Mane, Adv.)
AND:
1. Benakal Eshwarappa @ B.Eshwarappa
S/o. Mukkanna, Age: about 48 years
Occ:Agriculturist
2. Smt. Rathnamma, W/o. Benakal
Eshwarappa @ B.Eshwarappa
Aged about 44 years
Occ: Housewife
2
3. Kumari Sujayatha, D/o. Benakal
Eshwarappa @ B.Eshwarappa
Age: about 20 years, Occ:Household
All are R/o.Darur Village, Siruguppa
Taluk, Dist: Bellary
.. RESPONDENTS
*****
This MFA is filed u/s.173(1) of M.V.Act, 1988 against
the judgment & award dt.04.07.2012, passed in
MVC.No.18/2012 on the file of MACT-II, Bellary, awarding
the compensation of Rs.7,92,000/- with interest at the rate
of 8% p.a. from the date of petition till the date of deposit.
This appeal coming on for admission this day, the
Court delivered the following:
JUDGMENT
The Insurance Company has filed this appeal, assailing the judgment and award passed in MVC.No.18/2012 on 04/07/2012 by the MACT-II, Bellary.
2. The relevant facts of the case are that on 28/10/2011 Manjunath son of respondent-claimants, was proceeding on Hero Honda Motorcycle bearing No.KA- 34/Q-7806 from Somasamudra Village towards Darur at 3 about 8.00 p.m. When he was proceeding near Bhagyanagar Camp on Bellary-Siruguppa Road within the jurisdiction of Kurugodu Police Station, the lorry driver of the parked lorry bearing No.MH-25/B-9904 all of a sudden without giving any indication, started reversing the lorry. As a result, it dashed against the motorcycle, due to which, Manjunath the rider of the motorcycle fell to the ground, sustained grievous injuries and died on the spot. His body was taken to the Primary Health Centre, Kurugodu, where post-mortem was done.
3. Contending that they have lost their son, who was studying in final year MCA in R.V. College of Engineering at Bangalore, the parents filed the claim petition seeking compensation for his death. The claim petition was contested by the insurance company.
4. In support of their case, claimant No.1 was examined as PW1 and ten documents were produced as Exs.P-1 to P-10, while the insurance company did not let- in any evidence. On the basis of the evidence on record, 4 the Tribunal awarded compensation of Rs.7,92,000/- with interest at the rate of 8% p.a. from the date of claim petition till deposit, by deducting 25% from the total compensation i.e., Rs.10,56,000/- being the contributory negligence of the deceased. Being aggrieved by the quantum of compensation awarded by the Tribunal, this appeal has been filed by the insurance company.
5. I have heard the learned counsel for the appellant and perused the material on record.
6. It is firstly contended that the Tribunal was not right in assessing the income of the deceased at Rs.12,000/-per month as he was only a student studying MCA and therefore, compensation would have to be assessed on the basis of a non-earning person. Therefore, it is contended that the Tribunal was not right in assessing the income as if the deceased was an earning member. He, therefore, contended that this is a fit case where award of compensation has to be reduced. 5
7. Having heard the learned counsel for the appellant and on perusal of the material on record, it is noted that Manjunath died in the road traffic accident that occurred on 28/10/2011. It has come in evidence that he was studying in second year MCA (third semester) in R.V.Engineering College at Bangalore, which is a technical course and a post-graduate course. The Tribunal has, however, assessed the notional income at Rs.12,000/- per month and after deducting 50% of the said amount, as the deceased was a bachelor and taking into consideration the age of the mother, the multiplier applicable being 14, a sum of Rs.10,08,000/- has been awarded on the head of loss of dependency.
8. The award of compensation on the head of loss of dependency cannot be faulted for the reason that the assessment of the notional income of Rs.12,000/- is also on a very conservative basis as the deceased was studying in a post-graduate technical course and would have definitely earned a handsome salary had he completed his 6 course and was in employment which in fact has been nipped in the bud on account of the unfortunate and premature death in the accident.
9. In the recent decisions of the Apex Court in the cases of Amrit Bhanu Shali & others V/s. National Insurance Co.Ltd. & others (2012 ACJ 2002) and (P.S.Somanathan & others V/s. District Insurance Officer & another (2011)3 SCC 566) reasons have been assigned with regard to the death of a bachelor wherein the age of the deceased has to be reckoned for the purpose of choosing the multiplier. But in the instant case, mother's age has been taken into consideration to choose the multiplier of 14, which is also not correct. The award of compensation on the conventional heads are also just and proper. That apart 25% of the total compensation is deducted on account of the contributory negligence of the deceased. Therefore, the insurance company can really have no grievance with regard to the award passed by the Tribunal and also the liability fastened on it. 7 Therefore, there is no merit in the appeal. In the result, the appeal is dismissed.
The amount in deposit shall be transmitted to the Tribunal.
In view of dismissal of the appeal, I.A. No.1/2012 does not survive for consideration.
SD/-
JUDGE S*