Kanchana vs Krishnaji Rao
2021 Latest Caselaw 3828 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF NOVEMBER, 2021

                          PRESENT

        THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                             AND
        THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

     MISCELLANEOUS FIRST APPEAL NO.1403 OF 2017 (MV)

BETWEEN :

KANCHANA
D/O LATE KUPPASWAMY
AGED ABOUT 37 YEARS
RESIDING AT NO.497, 3RD STAGE
14TH MAIN, MANJUNATHANAGAR
BANGALORE-560 079                           ...APPELLANT

(BY SHRI K.P.JAYASIMHA, ADVOCATE)

AND :

1.      KRISHNAJI RAO
        S/O NANJARAO
        MAJOR
        R/AT #91, 5TH MAIN ROAD
        8TH CENTRE, CHAMARAJAPATE
        VITALANAGAR
        BANGALORE-560 018

2.      THE BRANCH MANAGER
        CHOLAMANDALAM MS GENERAL
        INSURANCE COMPANY LTD.
        NO.2, 59TH CROSS ROAD
        RAJAJINAGAR
        BANGALORE-560 010                   ...RESPONDENTS

(BY SHRI. B. PRADEEP, ADVOCATE FOR R2;
    VIDE ORDER DATED 13.07.2021-NOTICE TO
    R1 IS DISPENSED WITH)
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        THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT       AND   AWARD        DATED      06.09.2016     PASSED   IN   MVC
NO.297/2015 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE
JUDGE    AND    MEMBER      MACT,     BENGALURU         (SCCH-15),    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 claimant in

MVC.No.297/2015 on the file of XIII Additional Small

Cause Judge & Member MACT, Bengaluru, seeking

enhancement of compensation awarded vide common

judgment and award dated September 6, 2016, 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.P.Jayasimha, learned advocate for

claimants-appellants and Shri B.Pradeep, learned advocate

for second respondent-insurer.

4. Claimant's brother Shri Rajesh sustained grievous

injuries in a road traffic accident on 04.12.2014, when a

Tempo Traveler bearing Reg.No.KA-05-AE-284 coming

from opposite side dashed against the motorcycle bearing

Reg.No.KA-02-HT-5863 on which the deceased was a

pillion rider. Both rider of the motorcycle and pillion rider

succumbed to the injuries in the hospital on 07.12.2014.

On adjudication of the claim petition, Tribunal has awarded

Rs.2,68,900/- along with interest at 9% p.a., from the

date of petition till realization.

5. Learned advocate for the claimants submitted that

deceased was working as Wireman in M/s.R.K.Enterprises,

Electrical Engineers Consultants and Electrical Contractor

and earning Rs.20,000/- 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. Claimant has produced the Salary Certificate (Exhibit

P.10) issued by the INDU Builders and it shows the salary

of the deceased as Rs.18,000/-. Except that Claimant has

not produced any document before the Tribunal to

substantiate their claim that Shri Rajesh was earning

Rs.20,000/- 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 2014 as

Rs.8,500/- p.m.

7. Deceased was aged 32 years, hence the applicable

multiplier is 16 and future prospects is to be added

at 40%. Compensation awarded towards Medical

Expenditure awarded by the Tribunal remain undisturbed.

8. Thus, compensation towards loss of estate is worked

out as follows;

The monthly notional income works out to

Rs.11,900/- (Rs.8,500+3,400) [by adding 40%

towards future prospects (Rs.8,500*40%=Rs.3,400)].

Annual notional income works out to Rs.1,42,800/-

(Rs.11,900*12). By applying 16 as multiplier, the loss

of future income works out to Rs.22,84,800/-

(Rs.1,42,800*16). After deducting 15% of future income

of the deceased, loss of estate works out to Rs.3,42,720/-

(Rs.22,84,800*15%).

9. The compensation is re-computed as follows;

     Sl.No                Description              Amount

     a.         Loss of estate                     Rs.3,42,720

     b.         ADD:Medical Expenditure            Rs.1,22,500

     c.         ADD: Consortium                         Rs.40,000

     d.         ADD: Conventional heads;                Rs.15,000
                funeral expenses, etc.,
     e.                Total (a+b+c+d)             Rs.5,20,220

     f.        LESS: Compensation awarded          Rs.2,68,900
                     by the Tribunal
          Enhanced Compensation (e-f)             Rs.2,51,320

10. Learned advocate for insurer contended that in

motor vehicle compensation cases, interest is awarded at

6%. Learned advocate for the claimants submitted that

insurer has not filed any appeal. The compensation

awarded must be just and appropriate and we have

re-computed the total compensation. This court has been

consistently awarding interest at 6%. Therefore, in our

considered view, awarding 6% interest throughout is just

and appropriate. Hence, the following;

ORDER

(i) Appeal is allowed in part by holding that claimants are entitled for a total compensation of Rs.5,20,220/- as against Rs.2,68,900/- 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.2,51,320/-; and

(ii) Insurer shall pay the entire compensation amount of Rs.5,20,220/- 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