Sri. Marigowda vs The Manager
2021 Latest Caselaw 7059 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 22ND DAY OF DECEMBER, 2021

                             BEFORE

     THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

               M.F.A. No.6681 OF 2015 (MV-D)

BETWEEN:

1.     SRI MARIGOWDA
       S/O KEELIR MANCHEGOWDA
       AGED ABOUT 68 YEARS

2.     SMT.RATHNAMMA
       W/O MARIGOWDA
       AGED ABOUT 64 YEARS

       THE APPELLANT Nos.1 & 2
       ARE R/AT NO.245,
       KEELARA VILLAGE,
       MANDYA TALUK
       MANDYA DISTRICT - 571 401.        ...APPELLANTS

(By Sri RAJU.S., ADVOCATE FOR
 Sri CHANDRASHEKARA K A, ADVOCATE)

AND:

1.     THE MANAGER
       NEW INDIA ASSURANCE CO. LTD.
       R.O.NO.2-B,
       UNITY BUILDING ANNEX
       MISSION ROAD/LALBAGH ROAD,
       BENGALURU - 560 027.

2.     MR.K.SUDEEP
       S/O LATE KRISHNEGOWDA
                             2

     @KRISHNAMURTHY
     R/T K.H.B. COLONY,
     BWS 25, IJOOR, RAMANGARA-562159

3.   SMT.MANIMA
     D/O SIDLEGOWDA
     W/O LATE K.M.MANCHEGOWDA
     AGED ABOUT 30 YEARS

     PRESENT ADDRESS:
     KAMPALAPURA VILLAGE,
     KOPPA HOBLI
     MADDUR TALUK
     MANDYA DISTRICT - 571 425.

     EARLIER ADDRESS:
     R/AT NO.245, KEELARA(VI),
     MANDYA TALUK,
     MANDYA DISTRICT - 571 401.           ...RESPONDENTS

(By Sri S.V.HEGDE MULKHAND, ADVOCATE FOR R1;
 Notice to R2 is dispensed with;
 Smt.BHUSHANI KUMAR, ADVOCATE FOR R3)

     THIS M.F.A. FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.03.2014 PASSED IN MVC
NO.6911/2011 ON THE FILE OF THE II ADDITIONAL SMALL
CAUSES JUDGE AND XXVIII ACMM, MACT, BENGALURU (SCCH.13),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.


     THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


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                          JUDGMENT

Heard the learned counsel appearing for appellant as

well as the learned counsel appearing for Respondents No.1

and 3.

2. The captioned appeal is filed by the claimants

seeking enhancement of compensation.

3. It is stated across the Bar that Respondent No.1/

Insurance Company has satisfied the award passed by the

Tribunal. Therefore, the award passed by the Tribunal is in

appeal only on the quantum.

4. The appellants filed a claim petition for having lost

one K.M.Manchegowda in a road traffic accident dated

26.01.2010. The Tribunal, in the absence of income proof has

notionally assessed the income at Rs.5,500/- and by adding

50% future prospects and deducting 1/3rd towards personal

expenses and by applying multiplier of '16' has awarded a

sum of Rs.10,56,000/- towards 'loss of dependency'. Under

the 'conventional heads', the Tribunal has awarded a sum of

Rs.94,000/-. The Tribunal, in all, has awarded a sum of

Rs.11,50,000/- towards the compensation.

5. Though this Court cannot find fault with the finding

of the Tribunal but having regard to the date of the accident,

which occurred on 26.10.2011, this Court is of the view that

the income assessed notionally by the Tribunal is on the lower

side. In the absence of income proof, this Court by placing

reliance on the chart issued by the Legal Services Authority

would notionally assess the monthly income of the deceased

at Rs.6,500/- and by adding 40% future prospects, income is

notionally assessed at Rs.9,100/- per month. After deducting

1/3rd towards personal expenses of the deceased, the

compensation is re-determined at Rs.11,64,799/- rounded off

to Rs.11,64,800/- {Rs.6,500 + 40% (Rs.2,600) = Rs.9600

minus 1/3rd = Rs.6066.66X12X 16=Rs.11,64,800 minus

Rs.1,50,000 = Rs.13,14,800 minus Rs.11,50,000).

6. There are three dependants of the deceased. By

applying the principles laid down by the Hon'ble Apex Court in

the case of Magma General Insurance Co. Ltd., vs. Nanu Ram

alias Chuhru Ram & Ors., reported in 2018 (9) SC 51, a sum

of Rs.1,50,000/- is awarded under the conventional heads.

Hence, the total compensation re-determined by this Court

works out to Rs.13,14,800/- as against Rs.11,50,000/-

awarded by the Tribunal.

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

judgment and award of the Tribunal is modified. The total

enhanced compensation re-determined by this Court works

out to Rs.13,14,800/- as against Rs.11,50,000/- awarded by

the Tribunal. The appellants are entitled to an enhanced

compensation of Rs.1,64,800/- which shall carry interest at

the rate of 6% per annum from the date of the petition till its

realization.

Sd/-

JUDGE

DH