Sri Manjula vs Sri J K Manjegowda
2022 Latest Caselaw 1867 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF FEBRUARY, 2022

                          PRESENT

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

                              AND
           THE HON'BLE MR. JUSTICE M.I. ARUN

             M.F.A NO.2889 OF 2021 (MV-D)

BETWEEN :
1.     SRI. MANJULA
       W/O LATE RAMESH
       AGED ABOUT 37 YEARS

2.     DEEKSHITHA R
       D/O LATE RAMESH
       AGED ABOUT 16 YEARS

3.     NISHCHITHA
       D/O LATE RAMESH
       AGED ABOUT 12 YEARS

4.     RAJAMMA
       W/O LATE YUVARAJAPPA
       AGED ABOUT 59 YEARS

       APPELLANTS NO.2 & 3 ARE MINORS
       R/P BY THEIR NATURAL GUARDIAN
       MOTHER 1ST APPELLANT HEREIN

       THE APPELLANTS ARE
       R/O JAVARANAHALLI VILLAGE
       BELLURU HOBLI
       NAGAMANGALA TALUK
       MANDYA DISTRICT                    ...APPELLANTS

(BY SHRI. SYED AKBAR PASHA, ADVOCATE)
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AND :

1.      SRI. J.K. MANJEGOWDA
        S/O KRISHNEGOWD
        MAJOR
        R/O JAVARANAHALLI VILLAGE
        BELLURU HOBLI
        NAGAMANGALA TALUK
        MANDYA DISTRICT
        OWNER OF MOTORCYCLE

2.      THE MANAGER
        UNITED INDIA INSURANCE CO. LTD.,
        NO.1119/B, KAMBALI BUILDING
        M.C. ROAD, ASHOK NAGAR
        MANDYA TOWN AND DISTRICT                ...RESPONDENTS

(BY SHRI. S. KRISHNA KISHORE, ADVOCATE FO R2;
    VIDE ORDER DATED 15.12.2021-NOTICE
    TO R1 DISPENSED WITH)


      THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED 09.12.2019 PASSED
IN MVC NO.1639/2016 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MACT, NAGAMANGALA, 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 by the claimants seeking enhancement

of compensation is filed challenging the judgment and

award dated December 9, 2019 in MVC.No.1639/2016

passed by the Senior Civil Judge & MACT, Nagamangala.

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

as per their status before the Tribunal.

3. Heard Shri Syed Akbar Pasha, learned advocate for

claimants-appellants and Shri S.Krishna Kishore, learned

advocate for second respondent-insurer.

4. First claimant's husband Ramesh sustained grievous

injuries in a road traffic accident on 18.10.2016,

when a motorcycle bearing No.KA-54-H-797 on which the

deceased was a pillion rider was driven in a rash and

negligent manner by the driver. Shri Ramesh succumbed

to the injuries on 14.11.2016 in the hospital.

On adjudication of the claim petition, Tribunal has awarded

Rs.23,48,440/-.

5. Learned advocate for the claimants submitted that

deceased was working as Lab Technician in A.C.Giri

Hospital and earning Rs.25,000/- per month. Learned

Tribunal has erred in considering the income of the

deceased as Rs.15,800/-p.m., and accordingly sought for

enhancement.

6. Claimants have produced the salary slips issued by

the A.C.Giri Hospital. Exhibits P.72 is the salary certificate,

it shows the salary as Rs.15,804/-.

7. Deceased was aged 41 years, hence the applicable

multiplier is 14 and future prospects is to be added

at 25%.

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

minor daughters, claimant No.4 is the mother 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.19,750/- (Rs.15,800+3,950) [by adding 25% towards

future prospects (Rs.15,800*25%=Rs.3,950)]. Annual

notional income works out to Rs.2,37,000/-

(Rs.19,750*12). After deducting 1/4th, it works out to

Rs.1,77,750/- (Rs.2,37,000*3/4). By applying 14 as

multiplier, the loss of dependency works out to

Rs.24,88,500/- (Rs.1,77,750*14). Compensation awarded

towards Medical expenses awarded by the Tribunal remain

undisturbed.

10. The compensation is re-computed as follows;

      Sl.No                 Description              Amount

      a.           Loss of dependency
                                                   Rs.24,88,500

      b.           ADD:Consortium
                                                    Rs.1,60,000
                   (Rs.40,000*4)
      c.           ADD: Conventional heads;
                                                      Rs.30,000
                   funeral expenses, etc.,
      d.           ADD: Medical expenses            Rs.3,22,440
      e.                   Total (a+b+c+d)         Rs.30,00,940
      f.           LESS: Compensation              Rs.23,48,440
                   awarded by the Tribunal
                   (d-e)
              Enhanced Compensation                Rs.6,52,500





11.   Hence, the following;

                                 ORDER

        (i)           Appeal is allowed in part by holding
        that      claimants            are      entitled    for         a     total
        compensation             of     Rs.30,03,940/-,            as       against
        Rs.23,48,440/-                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.6,55,500/-; and

(ii) Insurer shall pay the entire compensation amount of Rs.30,03,940/- 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