IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE em DAY OF DECEMBER. 2010
BEFORE
THE HON'BLE MR. JUSTICE B.SREENnfi§SE:(§¥b Wi§A'V'
Miscellaneous First Appeal.N"6."'4.«1_4:5 of
BETWEEN . V '
Reeta D Souza
W/0. Canute I) Souza
Aged about 49 yea1's__,"'~-e_ _ _ V " -._
Residing at Near Try¥Is1and_ L V
Post & Village; e _ _
MangaI0re,;_" Q- = *
I). K. " '
%%%% e Hfippenant
%%~{By Sri. Shastry, Adv.)
~ 9»:
53.,'/'0, Dhamodharan, Adult,
_ "1?._/ Nivas,
. VHr'5use~:;N'0. 10-778,
Maflgalpady, Uppala Post,
Kasaragod Taluk.
Nationai Insurance Company Ltd.
III Floor, the Hy~--Land Plaza,
M.G. Road, Kasargod Taluk,
Kerala.
Represented by its Manager.
Respondents
{By Sri. Gangadhar Sangolli, Adv, for R2, _
R1 — Served}
This MFA is filed U/S 173(1) of MV Acit..dgdids~i ‘t1de
judgment and award dated:17.0l.2009 p_a&=sed”‘i:f1
No.46/ 2006 on the file of Principal Civil;Ju.dge'{Sr.D’n.,,)
& Member, MACT–IV, Mangal_o.r.e,_ pa_rt1y’1″aIj1ow’ing the ‘5
claim petition for compensation ‘arid s_pee,l;ipn’.g
enhancement of compensation.) T ‘ ‘ ”
This appeal coming’,o11_for.Adniiss’ion~–;”ti1is day)
the Court, delivered the foll(Sw_ing_:
Jopoflssrf
This is::’bylh_the for enhancement
of comperi.sa’tilo’n Tribunal.
2. Heard’. is admitted and with the
consent of-.lear.ne.d Cottnsei appearing for the parties, it
up forlfiriaidisposal.
ll sake of convenience parties are referred to
aslllltheyirppare referred to in the claim petition before the
it V’ , ‘I’1’ibt1nal.
Brief facts of the case are:
$5,.
That on 31.10.2005, when deceased Silvester D’
Souza was proceeding towards Mangalorehcgfrom
Manjeshwara, in a motorcycle bearing.~~regis_tr;ation
No.KA–19–S–916 as a pillion rider n¢ar
Thokkottu overbridge, a bus}: bear1’ng”‘.cregistrationwe,i\I.o. l
KL-14–E–37-47 came fronagtheir
negligent manner and niotor cycle,
as a result, deceasefdffell gggandflwlheel of the
bus passed over hisvAl.1ead:;. ‘he was taken to
Government and on the
way and sisters filed a
clairrr MACT, Mangalore, seeking
compensation –. The Tribunal by
inipjtigned and award has awarded
can1pelrrsation__of Rs.2,10,000/– with interest at 6% p.a.
5 is no dispute regarding death of deceased
Silvesteri’ D’ Souza in a road traffic accident, negligence
xi’ll«,,andiiiability of the insurer of the offending vehicle, the
..,_only point that remains for my consideration in the
appeal is:
Whether the quantum of
compensation awarded by the Tribunal
just and proper or does it call V
enhancement? ”
6. After hearing the learned CounseI..for.Vth.e’
and perusing the award of the b
View that the cornpensatiponawar’dVe’d by
not just and proper, it is onvdvdéthde lower side’ therefore
it is deserved to be eriI’i«-anc§ed;5_ : ” _
7. Deceaised; aged about 24
years as: tnortem report EX. P 2.
‘ofli’é’._’t1’iei§r contention that the
deceased yvas: .1-~4.,OOO/– p.m. by Working as a
driver in fishing b’oat”have examined the mother of the
deeeaS’ed as PV’V”1″;”’empIoyer of the deceased as PW 3,
not produced any document to show
that the owner of a fishing boat and he was
paying…i2s.I4,000/~ as salary to the deceased, except
–..prod’ucing salary certificate Ex. P 7. Considering the
of the deceased as 24 years, year of accident
as 2005 his income could easiiy be assessed at
$4
Rs/1,000/– pm. as against Rs.3,000/– assessed by the
Tribunal. Father of the deceased died during the
pendency of the claimant petition. The
of the deceased cannot be treated as V’
and rightly they are not madefas “patjti-es s
As the deceased was a _bache1or”._and smothers’
deceased is only the dependent 500/(isms. deducted’
towards personal e2§pe_nse’§”‘Q «1f,.:ti._1e.si’deceased§sx Multiplier
of 13 is to be taken the age of the
mother 46 Accordingly loss of
dependency orjitffto;Rs.s;’»§12,000/– (Rs.4,000/»~ x
50% x_ . it is awarded as against
Rs. 1,98;QsO0/Q by the Tribunal.
taclcittidtt ——– “to that, Rs.10,000/m is awarded
estate, Rs.15,000/– is awarded towards
and affection, Rs.10,000/– towards
transportation of dead body and funeral expenses as
against Rs.l2,000/– awarded by the Tribunai under
.. _._convent1’ona1 heads.
8. Thus the claimant is entitled for the following
compensation:
1} Towards loss of dependency –
2) Towards Loss of estate “l’Q:,’OyO:O–y/
3) Towards loss of love St affection.Rs.f_i.l.5′,OOO/pf
4) Towards transportation of * .
Dead body and funeral ” 1′ ‘ _ A’
Expenses ‘
V35′. 3,r4e7,eoo/:e’
9. Accordingly tljé and the
judgment andggawarclwoffiibstznodified to the
extent gaboi?e.g:’Il’he’V.’elairnant is entitled for
a total — as against
the Tribunal with interest at
6% » :lttlt1¢.li”:hlwéenhanced compensation of
the date of claim petition till the
V’ ‘date of realisation.
‘1fhe”:l_iilsurance Company is directed to deposit the
enhanced compensation amount with interest within
‘twolmonths from the date of receipt of a copy of this
judgment.
11. Out of the enhanced compensation Rs.1,00,()OO/–
{Rupees one Iakh only] with proportion interest is
ordered to be invested in ED. in any /
seheduied Bank or Post Office in
mother of the deceased, 2nd c?{atrna11tv for-ia– is
years renewable once in, thee years an option to
withdraw interest periodic_a1}y and the ‘Yremaining
amount with proportionatep. Vihtgerestp is ordered to be
released in her favou_r,_” V’ A
‘
Sd/-
JUDGE