Karnataka High Court
Smt Pushpa H.P vs Sri Vasu Poojary on 1 December, 2021
Bench: P.S.Dinesh Kumar, P.Krishna Bhat
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO.8168 OF 2017 (MV)
BETWEEN :
1. SMT. PUSHPA H.P
W/O LATE SURESH
AGED ABOUT 23 YEARS
HOUSE WIFE
2. MASTER. KISHORE
S/O LATE SURESH
AGED ABOUT 5 YEARS
3. MASTER. SRUJAN H.S
S/O LATE SURESH
AGED ABOUT 2 YEARS
APPELLANTS No.2 AND 3 ARE MINORS
REPRESENTED BY THEIR MOTHER
AND NATURAL GUARDIAN APPELLANT NO.1
ALL ARE RESIDING AT
HIREMUNDE VILLAGE
DEVALADAKERE POST
SAKALESHPURA TALUK
HASSAN DISTRICT-573 134 ...APPELLANTS
(BY SHRI. K.N. MOHAN, ADVOCATE)
AND :
1. SRI. VASU POOJARY
S/O ANNU POOJARY
2
AGED ABOUT 44 YEARS
R/O GALIGUDDE
CHIKKAMAGALURU TALUK-577 101
2. SRI. PREETHAM FRANCIS
S/O SOLOMAN FRANCIS
AGED ABOUT 33 YEARS
R/A HOSAKHAN ESTATE
CHIKKAMAGALURU TALUK-577 101
3. THE BRANCH MANAGER
UNIVERSAL SOMPO GENERAL
INSURANCE CO. LTD.,
BRANCH OFFICE, VINAYAKA TALKIES
B.H.ROAD, SHIVAMOGGA-577 201
4. SUBRAMANYA
S/O SATYAVELU
R/A BYRAVALLI V ILLAGE
MALLANDUR POST
CHIKKAMAGALURU TALUK-577 130
5. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.,
CRESCENT COURT, K.M.ROAD
CHIKKAMGALURU-577 101 ...RESPONDENTS
(BY SHRI. H. MALATESH, ADVOCATE FOR R1 & R2;
SHRI. RAVI S. SAMPRATHI, ADVOCATE FOR R3;
SHRI. R. RAJAGOPALAN, ADVOCATE FOR R5;
VIDE ORDER DATED 25.01.2021-NOTICE
TO R4 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED.20.02.2017 PASSED IN
MVC NO.3/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND CJM AND ADDITIONAL M.A.C.T., CHIKKAMAGALUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
3
JUDGMENT
This appeal is filed by the claimants in
MVC.No.3/2016 on the file of the Principal Senior Civil
Judge & CJM & Additional MACT, Chikkamagaluru, seeking
enhancement of compensation awarded vide judgment and
award dated February 20, 2017, passed by the Tribunal.
2. For the sake of convenience, parties shall be referred
as per their status before the Tribunal.
3. Heard Shri K.N.Mohan, learned advocate for
claimants-appellants, Shri H.Malatesh, learned advocate
for respondents No.1 and 2, Shri Ravi S.Samprathi,
learned advocate for respondent No.3-insurer of the
offending vehicle and Shri R.Rajagopalan, learned
advocate for respondent No.5-insurer of motorcycle.
4. First claimant's husband Shri Suresh sustained
grievous injuries in a road traffic accident on 07.07.2015
when a Jeep bearing Reg.No.KA-18-P-2554 coming from
opposite side dashed against the motorcycle bearing
Reg.No.KA-18-R-6817, which the deceased was riding.
Shri Suresh succumbed to the injuries on the way to
hospital. On adjudication of the claim petition, Tribunal
has awarded Rs.11,97,144/-.
5. Learned advocate for the claimants submitted that
deceased was coolie and earning Rs.10,000/- per month.
Learned Tribunal has erred in considering the income of
the deceased as Rs.8,000/- p.m., and accordingly sought
for enhancement.
6. Claimants have not produced any document before
the Tribunal to substantiate their claim that
Shri Basavaraju was earning Rs.10,000/- per month.
In the absence of any proof of income, this Court has
consistently considered the notional income of an able
bodied person in the year 2015 as Rs.9,000/- p.m.
7. Deceased was aged 22 years, hence the applicable
multiplier is 18 and future prospects is to be added
at 40%.
8. First claimant is the wife, claimants No.2 and 3 are
minor children of the deceased. Hence, 1/3rd is deductible
from the earnings of the deceased while calculating loss of
dependency.
9. Thus, compensation towards loss of dependency is
worked out as follows;
The monthly notional income works out to
Rs.12,600/- (Rs.9,000+3,600) [by adding 40% towards
future prospects (Rs.9,000*40%=Rs.3,600)]. After
deducting 1/3rd, it works out to Rs.8,400/- per month
(Rs.12,600*2/3). The Annual notional income works out
to Rs.1,00,800/- (Rs.8,400*12). By applying 18 as
multiplier, the loss of dependency works out to
Rs.18,14,400/- (Rs.1,00,800*18).
10. The compensation is re-computed as follows;
Sl. Description Amount
No.
a. Loss of dependency Rs.18,14,400
b. ADD:Consortium
Rs.1,20,000
(Rs.40,000*3)
c. ADD: Conventional heads;
Rs.30,000
funeral expenses, etc.,
d. Total (a+b+c) Rs.19,64,400
e. LESS: Compensation Rs.11,97,144
awarded by the Tribunal
(d-e)
Enhanced Compensation Rs.7,67,256
11. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding
that claimants are entitled for a total
compensation of Rs.19,64,400/-, as against
Rs.11,97,144/- awarded by the Tribunal, payable
with interest at 6% p.a., from the date of filing
claim petition till the date of deposit.
The enhanced compensation is Rs.7,67,256/-;
and
(ii) Owner and Insurer of the offending
vehicle-respondents No.2 and 3 are jointly and
severally held liable to pay the entire
compensation amount of Rs.19,64,000/- with
interest at 6% p.a., excluding the amount paid if
any, within eight weeks from the date of receipt
of a copy of this order. Disbursement shall be
made as directed by the Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AV
