1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 213T DAY OF OCTOBER, 2010 :PRESENT: THE I-ION'BLE IVIILJUSTICE N.K.PATIL AND THE HoN'BL1«: MR.JUSTICE "' M.F.A. N0.3608 _n.f..2_(_)'05 IMVJ" 13;'. Between: 1.
Rajamma. ‘ _
W/0. Late Venkateshappa, u
Aged about 45 years.
2. Nagamma, _ ._
W/0. Late Ver1kateshappa,”V
Aged about 40 yea1’S:– . if V ‘-
‘3. V. IViajeshWarVfi,.’» . V
D/0. Late \/efikaieshihaplaa.
Aged about 24} iyeazis.’ ‘
4 .V ‘ V
D/(5..«Lateyenkateshappa,
_ ‘Agect abet}: ” 1: 8 years.
All are resident of
“”«.2I1d..__’C’resS, Vinayakanagar,
‘I’uIn’1~_<ur.
” ‘ ….Appe11ants
” ‘A.V_V(By.«A’tS1*i. N.Srinivas and S11. M.R.Shashidhar, Advocates]
I\)
And:
1. H. Mahadev,
S / o. Hanumanthegowda,
Hanumanthapura Extension,
Main Road,
Koratagere.
Tumkur District.
2. The Manager,
The Oriental Insurance Co., Ltd.,
15′ Floor, T.G.M.A. Building,
J.C.Road,
T umkur. I
[By Smt. Harini Shivananda;\i.A\C1″{0Cate ~f0:1′ it
R1 served and unrepresented?» ” .
V *a=**:1;~¥=s:;= ”
This is fi1ed”‘e1’3/s;—.l’73′{1§” of MV Act against the
Judgment ai1d’Aia{ard .dated:” 24/09/2004 passed in MVC No.
362/j;999″onfr._he file of*i’he Fri. Civi1Judge(Sr.Dn) and Addl.
MACT, -.Tu.imk*..i’i°-,, partly ._ allowing the claim petition for
compe:-:.sation and :seek.ing.e:~1hancement of compensation.
M.F.A_–.. A’;r;olm”ing on for Hearing this day,
PATIL J delivered the following:
MUDGMENE
by the appellants is directed against the
impugned Vujjludgment and award dated 24/09/2004 passed in
ml. 362/ 1999 by the Prl. Civil Judge (Sr.Dn) and Addl.
it –..d£\riotor Accidents Claims Tribunal. Tumkur, (hereinafter
it V. _ ..i”efe1’red to as ‘ Tribunal’ for short}.
A
‘ . .”.’
2. The Tribunal by its judgment and award has
awarded a sum of 32,02,200/– under different heads with
interest at 8% per annum from the date of petition till the
entire amount is paid, as against the claim of the claitnants
for a sum of ?’8,00,000/-, on account of the {he
deceased Sri. Venkateshappa, in the road traffic T’ _& if
3. In brief, the facts of the case are:,
The appellant No.1 is the ins: anpellant
the second wife and appellant”–l\:los.. 3 and Mchlildrenll
of the deceased Sri. Venkatesha;ipaVV'”and they have filed a
claim petition before the Lsection 166 of ZVLV.
Act, clairningf» ¢f”%8,oo,ooo/–, on account of
the death of in the road traffic accident,
contendin§’~vthat_._’; on V2″Ol.4.l997 at about 7.15 a.m., the
deiceased was travelling as a pillion rider of Scooter bearing
which was ridden by one Shashishekara and
“wiiefi thevjflnlame near Antharasanahalli, at that time, bus
beari.ng«;No.KA.O6.A.27 came in a rash and negligent manner
dashed against the scooter, due to which, deceased
____fl___”___,,,.,_,._……._
Eustained injuries a at the spot. It is the further case
of the appellants that, the deceased was aged about 45
years, hale and healthy, working as Mason and earning
more than ?4,000/– per month and looking after theuwelfare
of the family and due to his untimely death
lot. The said claim petition had come up _forV_u_consideratio’n
before the Tribunal. The TribunalI;after:A4apprec’ia’ting–byoral
and documentary evidencegand other material’ avetilablefl
on file, has allowed the and
awarded the comp4e’nsaiL_ioHnV. under
different headswith from the date of
petition ‘V’ paid. Not being
satisfied of compensation awarded by
the .’tl”ViEd have presented this appeal,
for _enh’anceIne»nt of compensation.
A heard the learned counsel appearing
H and learned counsel for second
reslporilde.nt–Insurance Company.
At ‘T After careful perusal of the material available on
record at threadbare, including the impugned judgment
_’___#____m___,,”._.,«
and award passed by the Tribunal, it emerges that, the
occurrence of the accident and the death of the
deceased in the said accident are not in dispute. The
Tribunal has erred in assessing the income Yo’fr.the
deceased at $1,800/– per month for ca1cu1ating”‘tb’e_~p
dependency and the same is on lower side~rand’i .th’e.1f’efore,’ ii: ..
needs to be modified. Taking into considerationuthpe age
and occupation of the deeeasedoand the
dependents , we re–assess hiVs,:d1ncon21e* – per
month. Out of whichdif if v;is”{d.edu_cted towards the
persoiiai’ “–the””‘deceased the net income
cornesxp to month. The appropriate
Multipiier'”applicable:teithe case in hand is ’14’ instead
oi7′:t_ii’}iu,1tip1ier oi; “1”3″‘adopted by the Tribunal, in View of
Idpown by the Apex Court in Sarla Vermafs
in 2009 ACJ 1298, since the deceased
was aged about 45 years at the time of his death.
_,_M_#M__hm____,_,..i.
Therefore, we re–d ine the loss of dependency at
?3,36,000/– ($2,000/– x 12′): 14) instead of ?1,87,200/-
awarded by the Tribuna} and accordingiy, it is awarded.
6. The Tribunal has awarded a sum of —
under the conventional heads. The same is in.:£dequ.aj”te_:a:3_d
it needs to be enhanced. Having; H1jega1″d_5tO’
Circumstances of the case, we award a1″s:nn «o».f_’?’3 loss
of consortium, €10,000/~ to*-xjfaztds loss of estate;
towards loss of love and fin Each of
appellant Nos. 1,3 – towards
transportation and funerai 4 1 .\
7. to V’ circumstances of
the case._ the impugned judgment and
award is iiable to be modified.
total Cdrn.pensa:’fion payable comes to ?3,81,000/–
»A up is as foilowsz
‘Toward 1 deflend-enCY
1 Tgfxflaid _s loss of consortium
3;36.ooo/- d
10,000,!-
awards “loss of-love and affection
* Towards funerai and
a 15s,oo0/44
10,000/–
?
Towards ‘loss of estate’ 2′ 10,000 / —
3
?
d * _transportation expenses
rota: 2′ 3.31.0001-
2’4¥—
8. Accordingly, the appeal filed by the appellants
is allowed in part and the impugned judgment and
award passed by the Tribunal in MVC No. 362’/Vl”9Q9_ is
hereby modified, awarding the
?°3,81,000/– instead of ?2,02_._20,(_)_/–
Tribunal. The enhanced co’mpe’ns’atio~n”‘_.corr1»es_l”5to
?1.78.800/- with interest’lalt’*~._6″% date 015
petition till its realisation.
The Insurer deposit the
compensationfiwith period of four
weeks” ‘”da’te”- of ‘receipt of a copy of this
judgrnentand
_ _Out4″of t’he_(:-.nh’anc”ed compensation of ?l,78,800/~
piropoprtionate”interest, a sum of ?’80.000/- with
proporvtioraateylljinterest shall be invested in the Fixed
Nationalized or Scheduled Bank, in the
Apnamevol the appellant No.1 for a period of three years
renewable for another three years, with liberty to
at .._..her to Withdraw the %ilerest accrued on it. A sum of
M_M__w,_,_…
?20,000/– with proportionate interest shall be invested
in the Fixed Deposit in any Nationalized or
Bank, in the name of each of the appe11ari=t:—-N’o:s’;.
4 for a period of five years and»Atrenewabie”‘for dariotheprd a
five years, with liberty to them to
accrued on it. p
The remaining oft’. §’°58;80.0i§/- with
proportionate interest favour of the
appellant the Insurer.
Office award, accordingly.
Sd/~
Iudge
Sd/–
Judge
tsri”‘..