Manorama Panglanna vs Srisubhash K
2021 Latest Caselaw 6134 Kant

                              1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 14TH DAY OF DECEMBER, 2021

                           BEFORE

  THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

               M.F.A. NO.6205 OF 2015 (MV-D)

BETWEEN:

1.     MANORAMA PANGLANNA
       W/O LATE SAMUEL PANGLANNA
       AGED 68 YEARS

2.     SAHADEVI JATHANNA
       W/O LATE BHASKAR JATHANNA
       AGED 66 YEARS

3.     JASMINE SUGUNAVATHI
       W/O K.A. SANJEEVA
       AGED 64 YEARS

4.     PRABHAKAR AMMANNA
       W/O LATE GABRIAL AMMANNA
       AGED 55 YEARS

       ALL ARE R/AT YASHASWI ICE PLANT,
       'BETHEDSA', KOLA MALPE,
       KODAVOOR VILLAGE,
       UDUPI-576 101.
                                          ... APPELLANTS

(BY SRI RAJARAM S., ADVOCATE)

AND:

1.   SRI SUBHASH K.,
     S/O K.P.MASTER,
                               2


     R/AT KIDIYOOR, UDUPI,
     UDUPI TALUK & DISTRICT-576101.

2.   THE DIVISIONAL MANAGER
     THE NEW INDIA ASSURANCE
     COMPANY LIMITED,
     SRIRAM ARCADE,
     UDUPI-576 101
                                              ... RESPONDENTS

(BY SRI K.N.SRINIVAS, ADVOCATE FOR R2;
    NOTICE TO R1 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.02.2015 PASSED IN MVC
NO.1148/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, UDUPI AND ADDITIONAL MACT, UDUPI, 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 appeal is filed by the appellants seeking

enhancement of compensation.

2. The appellants claim to be the siblings of the

deceased namely, Padmavathi Ammanna, who met with a

road traffic accident on 01.06.2013. The appellants claim that

the deceased was waiting for city bus by the side of the road

to go to Moodubettu, at that juncture, the driver of the

offending bus came in a rash and negligent manner and

dashed against the deceased. On account of the impact, the

sister of the appellants herein succumbed to the injuries at the

spot and hence, filed the claim petition claiming compensation

of Rs.8,15,000/-.

3. The appellants, in support of their contention,

examined appellant No.2 as P.W.1 and relied on documentary

evidence vide Exs.P1 to P9. The respondent No.2-insurance

company has not chosen to lead either ocular evidence or any

documentary evidence.

4. The Tribunal, in absence of income proof has

notionally assessed the income of the deceased at Rs.4,500/-

per month. The Tribunal, by taking 1/4th of her notional

income and by applying the multiplier of 5 has awarded a sum

of Rs.67,500/- under the head of loss of estate and

Rs.30,000/- towards conventional heads. The Tribunal, in all

has awarded total compensation of Rs.97,500/-.

5. Heard learned counsel for the appellants and

learned counsel for the respondent No.2-Insurance Company.

Perused the records.

6. On re-appreciation of oral and documentary

evidence, though this Court cannot find fault with the findings

of the Tribunal in notionally assessing the income of the

deceased, however, having regard to the date of the accident

which is of the year 2013, the income assessed notionally by

the Tribunal appears to be on the lower side. In absence of

income proof, the income of the deceased is assessed

notionally at Rs.8,000/- per month relying on the chart issued

by the Legal Services Authority and by taking 1/4th of

Rs.8,000/-, the income of the deceased is notionally assessed

at Rs.2,000/- per month. Hence, by applying the multiplier of

5, the compensation payable under the head of loss of estate

works out to Rs.1,20,000/- (2,000 x 12 x 5).

7. The Tribunal has awarded Rs.20,000/- under the

head of love and affection. However, having regard to the fact

that the appellants, who claim to be the siblings of the

deceased are aged around 66 years, 64 years, 62 years and

53 years and hence, question of granting any compensation

under the head of love and affection may not arise in the

present case on hand.

8. The Tribunal has awarded Rs.10,000/- towards

funeral expenses, the same remains undisturbed. Hence, the

total compensation re-determined by this Court is as follows:

     Sl.                Heads                  Amount
     No.
    1.     Loss of Estate                    Rs.1,20,000/-
    2.     Funeral expenses                    Rs.10,000/-
                          Total             Rs.1,30,000/-


     9.    Accordingly, the appeal is allowed in part.       The

judgment and award of the Tribunal is modified.      The total

compensation re-determined by this Court works out to

Rs.1,30,000/- as against Rs.97,500/- awarded by the

Tribunal. The appellant is entitled to enhanced compensation

of Rs.32,500/- which shall carry interest at the rate of 6% per

annum from the date of petition till the date of realization.

Sd/-

JUDGE

ST