The Regional Manager vs Smt Chaitra
2021 Latest Caselaw 2117 Kant

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 4TH DAY OF JUNE 2021

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

 THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

             M.F.A. NO.2684 OF 2020 (MV-D)


BETWEEN:

THE REGIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD
4TH AND 5TH FLOOR, KRISHI BHAVAN
HUDSON CIRCLE, NRUPATHUNGA ROAD
BENGALURU 560 001
REP BY ITS DEPUTY MANGER
MR. PUDALIK M. NAYAK.
                                          ... APPELLANT
(BY SRI. ANUP SEETHARAM RAO, ADV.)


AND:

1.     SMT. CHAITRA
       AGED ABUT 30 YEARS
       W/O LATE SRI NAVEEN KUMAR K R.

2.     CHI. SHRESHTA VIRAAJ
       AGED ABOUT 10 YEARS
       S/O LATE SRI. NAVEEN KUMAR K R
       SINCE MINOR REP BY HIS MOTHER
       AND NATURAL GUARDIAN THE I RESP.
                                2



3.   SMT. PADMAVATHI K N
     AGED ABOUT 57 YEARS
     W/O LATE SRI RAMAPPA.

     ALL ARE R/AT NO.41
     SARASWATHINAGAR
     4TH CROSS, MAHADEVAPURA
     BENGALURU 560 048.

4.    SRI. ASHOK J
      S/O JAVARE GOWDA
      R/AT NO.168, I CROSS
      GANAPATHI TEMPLE RIGHT SIDE
      UJJANIPURA PAPER TOWN
      BHADRAVATHI 577301
      SHIVAMOGGA
      (OWNER OF LORRY BEARING NO.K 16-B-2942).
                                         ... RESPONDENTS
(BY SRI. MANJUNATH, ADV., FOR R1 & R3
R2 IS A MINOR REPTD. BY R1
R4 SERVED)
                            ---

     THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED 21.10.2019 PASSED

IN MVC NO.7119/2018 ON THE FILE OF THE XVII ADDITIONAL

JUDGE,   COURT   OF    SMALL   CAUSES     AND   MEMBER,    MACT,

BENGALURU     SCCH-21,     AWARDING        COMPENSATION      OF

RS.88,18,663.04 WITH INTEREST AT 9 PERCENT P.A. FROM THE

DATE OF PETITION TILL REALIZATION.


     THIS   M.F.A.    COMING   ON   FOR   ORDERS,   THIS    DAY,

ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                         JUDGMENT

This appeal under Section 173(1) of the Motor Vehicles

Act, 1988 (hereinafter referred to as 'the Act', for short) has

been filed by the claimants against the judgment dated

21.10.2019 passed by the Motor Accident Claims Tribunal, by

which the claim of the claimants seeking compensation has

been decreed to the extent of Rs.88,18,663.04.

2. Facts giving rise to the filing of the appeal briefly

stated are that on 17.11.2018 at about 6.45 a.m. deceased

Naveen was riding a motor cycle bearing registration No.KA-

53 Y-2857 on Doddaguni Tank Bund top, N.H.206 road,

Tumkur. At that time, a lorry bearing registration No.KA-16

B-2942 which was being driven by its driver in a rash and

negligent manner, dashed against the motor cycle of the

deceased. As a result of the aforesaid accident, deceased

sustained grievous injuries and eventually succumbed to the

same.

3. The claimants thereupon filed a petition under

Section 166 of the Act claiming compensation on the ground

that the accident took place solely on account of rash and

negligent driving of the driver of the lorry. It was further

pleaded that the deceased was aged about 30 years at the

time of accident and was working as a Production Co-

ordinator (Software Engineer) at Techonicolor India Pvt. Ltd.

in Whitefiled, Bengaluru and was earning Rs.65,000/- p.m.

Accordingly, compensation was claimed to the extent of

Rs.1,50,00,000/- along with interest.

4. Respondent No.1 filed statement of objections in

which averments made in the claim petition was denied. The

age, avocation and income of the deceased was also denied.

It was further denied that the accident had taken place on

account of rash and negligent driving of the driver of the

lorry. It was further pleaded that the deceased himself was

negligent and therefore, the accident has occurred. It was

further pleaded that the amount of compensation claimed by

the claimants is excessive and exorbitant.

5. On the basis of the pleadings of the parties, the

Claims Tribunal framed the issues and thereafter recorded

the evidence. The claimants examined claimant No.1 as PW-1

and one Mahesh Patil Toplar as PW-2 and got exhibited

documents namely Ex.P1 to Ex.P24. The respondents

examined one Smt.Vijayalakshmi as RW-1 and got marked

document Ex.R1. The Claims Tribunal, by the impugned

judgment, inter alia, held that the accident took place on

account of rash and negligent driving of the offending lorry

by its driver. It was further held, that the claimants are

entitled to compensation to the tune of Rs.88,18,663.04/-

along with interest at the rate of 9% p.a. from the date of

petition till the date of realisation. In the aforesaid factual

background, this appeal has been filed.

6. Learned counsel for the Insurance Company, while

inviting the attention of this Court to Ex.P13 communication

dated 28.07.2018, submitted that from the aforesaid

communication, it is evident that the annual income of the

appellant was Rs.4,88,520/-. It is further submitted that the

aforesaid amount, after deductions, should have been made

the basis for computation of dependency. It is further

submitted that the amount awarded under other heads as

well as rate of interest is on the higher side. Though a

ground with regard to negligence on the part of the deceased

has been taken in this memorandum of appeal, however, the

learned counsel for the appellant, at the outset submitted

that he does not want to press the ground with regard to

negligence.

7. On the other hand, learned counsel for the claimants

submitted that the amount of compensation which has been

awarded by the Tribunal is just and proper and does not call

for any interference.

8. We have considered the submissions made by

learned counsel for the parties and have perused the record.

The only question which arises for our consideration in this

appeal is with regard to the quantum of compensation.

Admittedly, at the time of accident, deceased was aged

about 30 years and was employed as an Engineer. From

perusal of the communication dated 20.07.2018 Ex.P13, it is

evident that the salary of the deceased was Rs.40,170/- per

month. Ex.P15 salary slip for the month of August 2018,

discloses that the monthly income of the deceased is

Rs.42,786/-. Out of the aforesaid amount, Rs.200/- towards

professional tax and Rs.2,307/- towards income tax (Income

tax slab being Rs.25,000/- + 20% of the income in excess of

Rs.5,00,000/-). Therefore, the income of the deceased on

the basis of Ex.P15 is Rs.40,279/-. We deem it appropriate to

take the average of the aforesaid incomes as monthly income

of the deceased which would be Rs.40,225/-. To the

aforesaid amount, in view of the law laid down by the

Constitution Bench of the Supreme Court in 'NATIONAL

INSURANCE COMPANY LIMITED Vs. PRANAY SETHI

AND OTHERS' AIR 2017 SC 5157, 40% of the amount has

to be added on account of future prospects. Thus, the

income comes to Rs.56,315/-. Out of the aforesaid amount,

1/3rd has to be deducted towards personal expenses as the

number of dependants are 3 and therefore, the monthly

dependency comes to Rs.37,543/-. Taking into account the

age of the deceased which was 30 years at the time of

accident, the multiplier of '16' has to be adopted. Therefore,

the claimants are held entitled to Rs.72,08,256/- (Rs.37,543

x 12 x 16) on account of loss of dependency.

9. In view of laid down by the Supreme Court in

'MAGMA GENERAL INSURANCE CO. LTD. VS. NANU RAM

& ORS.' (2018) 18 SCC 130, which has been subsequently

clarified by the Supreme Court in 'UNITED INDIA

INSURANCE CO. LTD. Vs. SATINDER KAUR AND ORS.'

AIR 2020 SC 3076 each of the claimants are entitled to a

sum of Rs.40,000/- on account of loss of consortium and loss

of love and affection. Thus, the claimants are held entitled to

Rs.1,20,000/-. In addition, claimants are held entitled to

Rs.30,000/- on account of loss of estate and funeral

expenses. Thus, in all, the claimants are held entitled to a

total compensation of Rs.73,58,256/-. The aforesaid amount

of compensation shall carry interest at the rate of 6% from

the date of filing of the petition till the realization of the

amount of compensation.

To the aforesaid extent, the judgment passed by the

Claims Tribunal is modified.

Accordingly, the appeal is partly allowed.

Sd/-

JUDGE

Sd/-

JUDGE RV