Smt Indrani C L @ Indravathamma vs S G Nagaraja on 4 October, 2010

Between :

1.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF' OCTOBER, 2010

:PRESENT:

THE HON'BLE MRJUSTICE N.K.PATIL....__l''_» :  " 

AND

THE HON'BLE MR.JUs'r1cEv'ii}S;K.v:,n1rAre.1§ja;_ _   A'

M.F.A. No. 12012 dt'.2(j'O$ . «. " 

Smt. Indrani C.L.

@ Indravathamma.

W/0. Deaceased _ at _ ._  .
C.L. Lakshmmarayanacharai  5' 
@ Nani,  A  Y
Aged about 27. years. 

Kumari  Anjalr

D/0. deaeeased'  A V 
CL. LaliVsl'1Ininaray.é1I1aC-harcii,
Aged about 12 years " V 

A..»l'.§€[f Lal:shmlnara_si_rre.haehari,
AS"/'*0. Late 'l\L Muniyaehari,
'Aged .ab«:)ut_ 53 years,

0.  Léxkshminarasimhachari.
Aged about 51 years.

 'The 253 Appellant since minor being
-- _ Represented by her natural m0ther--curn--
 Minor guardian by appellant No.1.

D V' " "All are permanent re dent of

"xxx



O "3. N: i3al.anaga,

D.O.No. 59,

2"" Cross,

Yathirajulu Street,

Near Panéurangaswarny Temple,
Chickballapur,

Kolar District.

. . .  " 

(By Sri. Dildar Shiralli, for M/s. Mohamed Athefand O J  '

Associates, Advocate)   
And:

1. S.G.Nagaraja,
S/o. Doddagopalapa,
Lorry Owner,
Sadahalli.
Devanahalli Taluk,
Bangalore District.

2. The Oriental 'Ens_ura"r=_ceVLt'd.,  V
Srinivasa  "  
Near:,Jayanaga_r,&   2
Shopping 'Comp1eX},l  
3rd Block Jayanagajf. " _
Bangalo1'e._--56.O 011;,  

By its Manager; -  O'

»  E5-._/_o. Late Ramareédy,
.__ ' V Lofzjf :Owner,,_ 
2 No, 3 1,  baiah Road.
Kodhandaijamapuram,
Ma1leshvvaram,Banga1ore.

O Oi Oi '   The New India Assurance Co., Ltd.,

-- _ V.Diif._l.sional Office, No. 8, No. 47,
 2*1d'Floor, Gopal Complex,
Bazaar Street, Yeshwa thapur,
" }3angalore--56O O22.
//,,.,,.,..



By its Manager.
....Respondents

[By Smt. Akkamahadevi Hiremath, Advocate for R1;
Sri. S.Srishaila, Advocate for R2;
Sri. Nagaraj, Advocate for R3;

Smt. Harini Shivananda, Advocate for R4]
=i=*=l¢**=I==l=*

This MFA is filed U/s. 173(1) of MV Act againxs:__i'-tieigg 
Judgment and Award dated: 23/03/2005 passed in'MVC'": A'
No.67/l999 on the file of the Civil Judge[Sr.D11l_anVd'JEVIFC.,"' ._
and Member, Addl. MACT, Chickbaliapur. 5 partlyfa1loWingv.l
the claim petition for compensation   f

enhancement of compensation.

This M.F.A. coming honlfifor A."Heari_ng,_  day, * it

N.K. PATIL J, delivered the follo"w_ing:_
This appeal by the   against the

impugned j'u'dgmlen:i-».arid'lavvard dated 23 / 03/ 2005 passed in

MVC No. 6'7s/41ls995"b3}" Judge [Sr.Dn) and JMFC, and

 ' Additional Motor" Accidents Claims Tribunal, Chickballapur,

 [here_ina_fter refe.rred to as 'Tribunal' for short].

  illribunal by its judgment and award has

--g awardedfla  of ?'3,18,600/-- under different heads fixing

 l:jtheii--!.iability in the ratio of 50:50 against Respondent

.  Nos'. H2 and 4,wit1'1 interest at 6% per annum from the date

 petition till its depdgéy as against the claim of the

Z'/'_fl_,,i..,.



appellants for a sum of ?l8.00,000/-, on account of the
death of the deceased Sri. CL. Lakshminarayanachari @
Nani, in the road traffic accident.

3. In brief, the facts of the case are:

The appellant No.1 is the wife, appellant No. 

minor daughter and appellant Nos.3 and 4 are 1 V'

of the deceased Sri. C.L. LakshminarayanachlarilV@'l*Jani,.4g;1d".,s it

they have filed a claim petition before  

section 166 of M.V. Acts  y_compen's.ati'on": of " it

?'18,00,000/-, on accountof they.de:ath'ofntheldeceasped in the

road traffic accident. eofiténdin_gf~}ir.la{£;7§'j an 23.12.1998 at

about 2:30   deceased  coming on his motor
cycle bearing  with one Subramani as

pillionrider and 'when? he came near Hunasamaranahalli

'' V' «mist Lorry bééfihg Reg.l\To. CAS-- 1526 belonging to first

r_espionde"11thand_ insured with 2115 respondent driven by its

drive camelifrom opposite side in a rash and negligent

 "manner sand tried to over take and dashed to the motorcycle

ithefdeceased. Due to which, he fell down and sustained

 injuries and at th time, another Lorry bearing

{_M__IW_¢_,_,,_,_,.



Reg.No.MYU--8880 belonging to third respondent and insured
with 4"' respondent came and dashed to his motor cycle, due
to which, he died on the spot. it is the further case of the

appellants that, the deceased was aged about 26 years,_--hale

and healthy, Goldsmith by Profession, and earning A'

to ?12.000/- per month and looking after the  "

family and due to his untimely death""they lot.'  it

said claim petition had come up for 'consideration' 

Tribunal. The Tribunal after» appreciatingi the and
documentary evidence and other"v-tn'a.terial"'available on

file, has allowed the claiirr  and awarded

a sum of ?_3.,:  -the liability in the ratio of

50:50   2 and 4, with interest

 at  fronithe date of petition till its deposit. Not

   the quantum of compensation, the

  presented this appeal seeking

' V gapprlopzriaatev reliefs.

"    have heard the learned counsel appearing

 for the appellants and learned counsel for Respondent

  2 and 4. 6%
/"MM

/



5. After careful perusal of the materials available
on record, including the impugned judgment and
award passed by the Tribunal, it emerges that, the

occurrence of the accident and the death offgbthe

deceased in the said accident are not in dispute;  

the case of the appellants that, decease.d_u_:wasljaged'

about 26 years, Goldsmith by 

'<'300/- per day. The Tribunal' has assessed 

of the deceased at ?70/-- perlzdaly and at: l_?':2,1V(;?0/- per
month and the same is lower  it needs to be

enhanced?' "i'It,5»vis  that, the accident was
occurred'«in"the'yeaif'"and deceased was aged about

26 years and by profession and there are

 "fcur""dep'e'ndants. Hence, we re--assess the income of the

 E100/w per month. Out of which, if 1 /491 is

 _ deducted" toyvards the personal expenses of the

~ .. .,  .jdece_aseVd,.. as per the law laid down by the Apex Court in

th_Ve" 'case of Sarla Verma and others Vs. De-Ihi

//f__,_,,,.,».

T  "Transport Corporati%§1nd another reported in 2009



7
ACJ 1298, since there are four dependants, the net
income comes to ?'2,250/~.per month. The Tribunal has
adopted the Multiplier of 'l7' , as the deceased was aged

about 26 years at the time of his death and the sarnepis

just and proper. Therefore, we re--deterrnine V.

dependency at %4,59,000/-{€2,250/-- x 12 x '.t7)l''~._i:nst:eead '

$2,535,600/-- awarded by the Tri.bun2ilmMand ._aceo:rding.I_y,_'it7isl."1

awarded.
6. The Tribunal has awarded at surrxa. --
towards conventional heads andltnei is inadeqnate and

it needs to be enhanced. l  regardio the facts and

circumstances of  and the appellant No.1 has lost

her husbandat yot1ng7f1ge.,:_ll..the Appellant No.2 has lost her

..v..&father.i.and appxellant_____l&\los.3 and 4 has lost their son, we

aviirpardp   €10,000/~ towards loss of consortium,

 loss of estate, €15,000/-towards loss of

--V love uand"'--aAi°fection at the rate of ?5,000/~ to each of the

 luujappe-l_lants~ 1,2 and 3 and a sum of 310,000/-- towards

 _ transportation and funefiexpenses.

/3""

L



8
7. For the foregoing reasons, the impugned
judgment and award passed by the Tribunal is liable to
be modified. The total Compensation payable Comes to

?5,04,000/-- and the break-- up is as follows:

Towards Loss of dependency 4,59,000-/   

Towards loss of consortium 10,-0'00,f--._ ' *- T "

55 .
Towards loss of estate 7:' l~G.Q(:3O/'{ 
Towards loss of love and affection"  '("4 . A '.l5,_:0O0',/'-- '

Towards funeral and 3 1'0.000,/Hf-e..___ 

transportation expenses

Total it 5.o4;o0¥m.e.VVp 

8. Accordingly, tlaedifappealld-_ appellants is

alloweddvinllv _  t1€1le~ judgment and award
passed by' MVC No.67/1999 is hereby

modified, Ta"awardii--1gA"v_the'l compensation of ?5,04,000/w

  golf  awarded by the Tribunal. The

 _eri1fianee'd,_oornpensation comes to ?1,85,400/w with interest

at 6f/:5 p.a_.  the date of petition till its realisation.

 Respondent Nos. 2 and 4 shall deposit the

":l.lenhai*..ced compensation with interest in the ratio of 50:50

 within a period of four weeks from the date of receipt of a

 copy of this judgment and award.

AM

1'



Out of the enhanced compensation of ?1,85,4-O0/--, a
sum of '<'50,000/-with proportionate interest Shall be

invested in the Fixed Deposit in any Nationalized or

Scheduled Bank, in the name of the appe11ant..'I\v¥oV;':ip:'

she attains majority with liberty to the appeiiant.  M

withdraw the interest accrued on  "p-er_iopdica1,iy',t«for'-her':

welfare.

The remaining sum of §'1';3r5",.400/"-- 'with proportionate it

interest, shall be releasedin favour  tVI'1e_appe11ant-1\4Ios. 1, 3
and 4 in equal proportion;inim.ed;1ateiy,"».on--deposit by the

Respondent Nos.  and 

dffice  draw the award, accordingly.
     Sd/-.
 .....  

Sd/-1
Fudge

V*tsn*