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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
M.F.A NO. 5013 OF 2016(MV-D)
BETWEEN:
1. SRI. S. RAJA
S/O LATE SANDANAPATHI,
AGED ABOUT 41 YEARS
2. R. SWATHI
D/O. S. RAJA,
AGED ABOUT 10 YEARS
3. R. NANCY
D/O. S. RAJA,
AGED ABOUT 18 YEARS
4. R. MICHEEL PAVAN
S/O. S. RAJA,
AGED ABOUT 16 YEARS
THE APPELLANT NO.3 & 4 BEING MINOR,
REPT. BY THEIR FATHER S. RAJA,
THE NATURAL GUARDIAN.
ALL THE PETITIONERS ARE
R/AT NO. 18/16, OLD NO.313,
LAKSHMANAPURI, GANDHINAGAR,
BANGALORE-560 009.
...APPELLANTS
(BY SRI.SHRIPAD V SHASTRI, ADVOCATE)
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AND:
THE MANAGING DIRECTOR
BMTC, CENTRAL OFFICE,
K.H. ROAD, SHANTHINAGAR,
BANGALORE-560 027.
...RESPONDENT
(BY SRI.D VIJAY KUMAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 27.01.2016 PASSED
IN MVC NO.126/15 ON THE FILE OF THE 3RD ADDITIONAL
SENIOR CIVIL JUDGE, MEMBER OF MACT, COURT OF
SMALL CAUSES, MACT, BENGALURU, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The captioned is filed by the claimants seeking enhancement of compensation.
2. The appellants are the husband and children of one Pushpa who died in a road traffic accident dated 9.11.2014. The appellant filed the claim petition by specifically contending that the 3 deceased was doing saree business and earning Rs.20,000/- per month and therefore claimed compensation of Rs.30,00,000/-.
The appellants to substantiate their claim examined the husband of the deceased as PW1 and relied on documentary evidence as per Exs.P1 to 6.
The Tribunal having accessed the oral and documentary evidence was of the view that the appellants have not produced any income proof and therefore, assessed the income of the deceased notionally at Rs.7,000/- and by adding 50% towards the future prospects has awarded Rs.13,50,000/- towards loss of dependency and Rs.1,20,000/- under conventional heads. In all the Tribunal has awarded a sum of Rs.14,70,000/- with 9% interest from the date of petition till its realisation. .
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3. Heard the learned counsel of the appellant and the learned counsel of the respondent-BMTC.
4. On re-appreciation of oral and documentary evidence though this Court cannot find fault with the finding recorded by the Tribunal in assessing the income of the deceased notionally, however having regard to the date of the accident, this Court is of the view that the income assessed notionally by the Tribunal appears to be marginally on lower side. In the absence of income proof, by placing reliance on the chart prepared by the Legal services authority, the income is assessed at Rs.8,500/-. By adding 40% towards future prospects, the income is determined at Rs.11,900/-. After deducting 1/4th towards personal expenses, the income is taken at Rs.8,925/-. By applying the multiplier of 15, the compensation payable under the head of loss dependency is re- determined at Rs.16,06,500/-(Rs.8,925x12x15). 5
Since there are four dependants, by applying the principles laid down in the case of Magma General Insurance vs Nanu Ram & Ors.1 Rs.1,90,000/- is awarded under the conventional heads.
Thus, the total compensation re-determined by this Court works out to Rs.17,96,500/- as against Rs.14,70,000/- awarded by the Tribunal.
5. Accordingly, the appeal is allowed in part. The impugned judgment and award dated 27.1.2016 passed in MVC.No.126/2015 by the III Additional Senior Civil Judge and MACT, Bengaluru(SCCH-18) is modified. The appellants are held entitled to enhanced compensation of Rs.3,26,500/- with interest at the rate of 6% per annum from the date of petition till its realisation.
Sd/-
JUDGE *alb/-.
1 2018 ACJ 2782