Smt K V Vanitha vs Mr Syed Zubair Ahamed
2021 Latest Caselaw 5490 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH 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.2556 OF 2021 (MV)


BETWEEN :

1.      SMT. K.V. VANITHA
        W/O S.R. NARAYANASWAMY
        NOW AGED ABOUT 36 YEARS

2.      KUM. LAYANA S N
        D/O S.R. NARAYANASWAMY
        NOW AGED ABOUT 10 YEARS

3.      KUM. CHARVI S.N
        D/O S.R. NARAYANASWAMY
        NOW AGED ABOUT 7 YEARS

4.      SMT. CHOWDAMMA
        W/O RAJAPPA @ RAJANNA
        NOW AGED ABOUT 66 YEARS

5.      RAJAPPA @ RAJANNA
        S/O CHIKKA NACHAPPA
        NOW AGED ABOUT 71 YEARS

        2ND AND 3RD MINOR APPELLANTS
        ARE REPRESENTED BY NATURAL
        GUARDIAN/MOTHER
        1ST APPELLANT HEREIN
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        ALL ARE RESIDING AT
        SEESANDRA VILLAGE
        KEMBODI POST
        KOLAR TALUK AND DISTRICT                  ...APPELLANTS

(BY SHRI. N. GOPAL KRISHNA, ADVOCATE)

AND :

1.      MR. SYED ZUBAIR AHAMED
        S/O SYED AMANULLA
        RESIDING AT MARJENAHALLI
        KAMADENAHALLI POST
        KOLAR TALUK AND DISTRICT
        PIN-563 101

2.      M/S .NEW INDIA ASSURANCE
        COMPANY LTD
        BRANCH OFFICE
        BAGALUR MANSION
        2ND FLOOR, DODDAPETE
        KOLAR-563 101
        REP: BY ITS MANAGER                     ...RESPONDENTS

(BY SHRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2;
    VIDE ORDER DATED 17.08.2021
     NOTICE TO R1 DISPENSED WITH)

      THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.06.2018 PASSED
IN MVC NO.563/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND CJM, MACT, KOLAR, 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:-

                         JUDGMENT

This appeal is filed by the claimants in

MVC.No.563/2015 on the file of the Principal Senior

Civil Judge & MACT, Kolar, seeking enhancement of

compensation awarded vide judgment and award dated

June 22, 2018, passed by the Tribunal.

2. For the sake of convenience, parties shall be referred

as per their status before the Tribunal.

3. Heard Shri N.Gopal Krishna, learned advocate

for claimants-appellants and Shri B.C.Shivanne Gowda,

learned advocate for second respondent-insurer.

4. First claimant's husband Shri S.R.Narayanaswamy

sustained grievous injuries in a road traffic accident on

03.11.2015, when deceased was travelling in a

Milk Tempo bearing Reg.No.GA-01-W-5776 driven in a

rash and negligent manner by its driver lost control

over the vehicle resulting grievous head injuries.

Shri Narayanaswamy succumbed to the injuries on

05.11.2015 in the hospital. On adjudication of the claim

petition, Tribunal has awarded Rs.13,20,500/-.

5. Learned advocate for the claimants submitted that

deceased was cleaner and loader cum un-loader and

earning Rs.15,000/- per month. Learned Tribunal has

erred in considering the income of the deceased as

Rs.6,000/- p.m., and accordingly sought for enhancement.

6. Claimants have not produced any document before

the Tribunal to substantiate their claim that

Narayanaswamy was earning Rs.15,000/- 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 36 years, hence the applicable

multiplier is 15 and future prospects is to be added

at 40%.

8. First claimant is the wife, claimants No.2 and 3 are

minor children, claimants No.4 and 5 are parents of the

deceased. Hence, 1/4th 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 1/4th, it works out to Rs.9,450/- per month

(Rs.12,600*3/4). The Annual notional income works out

to Rs.1,13,400/- (Rs.9,450*12). By applying 15 as

multiplier, the loss of dependency works out to

Rs.17,01,000/- (Rs.1,13,400*15).

10. The compensation is re-computed as follows;

Sl.No                    Description                 Amount

a.              Loss of dependency                  Rs.17,01,000

b.              ADD:Consortium                       Rs.2,00,000
                (Rs.40,000*5)
c.              ADD: Conventional heads;              Rs.30,000
                funeral expenses, etc.,
d.                     Total (a+b+c)                Rs.19,31,000

e.           LESS:     Compensation                 Rs.13,20,500
             awarded by the Tribunal
             (d-e)
        Enhanced Compensation                       Rs.6,10,500





11.   Hence, the following;

                            ORDER

        (i)      Appeal is allowed in part by holding
        that    claimants         are      entitled    for    a     total
        compensation        of     Rs.19,31,000/-,       as       against

Rs.13,20,500/- 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.6,10,500/-; and

(ii) Insurer shall pay the entire compensation amount of Rs.19,31,000/- 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