Karnataka High Court
Muddaiah @ Muddappa vs Sri H S Gadigaiah on 28 March, 2013
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF MARCH 2013
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A. No.6703/2010 (MV)
BETWEEN:
1. MUDDAIAH @ MUDDAPPA
S/O PERUMALAGOWDA
AGED ABOUT 59 YEARS
2. MANJUNATHA
S/O MUDDAIAH @MUDDAPPA
AGED ABOUT 27 YEARS
3. DEVAMMA @ DEVI
D/O MUDDAIAH @MUDDAPPA
AGED ABOUT 28 YEARS
4. MAHALAKSHMI
D/O MUDDAIAH @MUDDAPPA
AGED ABOUT 24 YEARS
ALL ARE R/O RAJANAGARA
OORUKERE KPOST
TUMKUR TALUK. ... APPELLANTS
(BY SRI K R RAMESH, ADV.)
AND :
1. SRI H S GADIGAIAH
S/O SHIVARUDRAIAH
AGED ABOUT 41 YEARS
WADERA BASAPURA
HARIHARA TALUK
DAVANAGERE DISTRICT
2
2. SRIRAM GENERAL INSURANCE CO.LTD.
E-8, RICO INDUSTRIAL AREA
SITA PURA, JAIPUR
RAJASTHAN 302022
REP. BY ITS BRANCH MANAGER. ... RESPONDENTS
(BY SRI H N KESHAVA PRASHANTH, ADV. FOR R2; NOTICE TO
R1 IS DISPENSED WITH V.C.O. DATED 30.09.2011)
THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:06.03.2010 PASSED IN
MVC NO.10/09 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
(SR. DN.), ADDITIONAL MACT, TUMKUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The tribunal has awarded compensation of Rs.20,000/- for the death of wife of first claimant and mother of claimants no.2 to 4 namely Gowramma, aged about 50 years.
2. Heard learned counsel for parties.
3. The other facts not being in dispute, the only question that would arise for determination in this appeal is:
Whether the tribunal was justified in awarding compensation of Rs.20,000/- for the death of Gowramma holding that claimants have failed to prove 'loss of dependency' ?3
4. The claim petition was filed under Section 163-A of the Motor Vehicles Act however, it was tried as one filed under Section 166 of the Motor Vehicles Act.
5. It is not in dispute that deceased was aged about 50 years at the time of accident and she was a Tea vendor. Considering the age of deceased at the time of accident, the income of deceased is determined at Rs.3,300/- per month. The first claimant is the only recognized dependant of the deceased; Claimant's no.2 to 4 are the married son and daughters of deceased Gowramma. Therefore, they cannot be termed as dependants of deceased. The first claimant was aged about 58 years at the time of accident. Therefore, the appropriate multiplier would be '9'. Thus, first claimant is entitled to compensation of Rs.1,78,200/- (1,650 x 12 x 9) towards 'loss of dependency'. Apart from this, first claimant is entitled to compensation of Rs.40,000/- under conventional heads. Thus, first claimant is entitled to total compensation of Rs.2,18,200/-.
6. In the result, I pass the following:
4
ORDER
(i) The appeal is accepted in part.
(ii) The impugned award is modified by enhancing compensation of Rs.20,000/- awarded by the tribunal to Rs.2,18,200/- with interest at the rate of 6% per annum from the date of petition till the date of realization.
(iii) Respondents No.1 and 2 are jointly and severally liable to pay compensation.
(iv) Claimants no.2 to 4 being major son and daughters of deceased, are entitled to compensation of Rs.10,000/- each towards 'loss of love and affection'.
(v) The rest of compensation and accrued interest shall be paid and invested in the name of I-claimant. In relation to payment and investment, the tribunal shall follow the directions contained in judgment of the Supreme Court in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum -vs- Mrs. Susamma Thomas and others, reported in AIR 1994 SC 1631.
Sd/-
Np/- JUDGE