Karnataka High Court
Smt Narasibai vs Sri Krishna Nayak on 9 February, 2022
Bench: P S Kumar, Rajendra Badamikar
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P S DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
MFA.NO.4140 OF 2017(MV-D)
BETWEEN:
1. SMT NARASIBAI
W/O LATE KRISHNA NAYAK
AGED ABOUT 35 YEARS
2. KUM.ANITHA
D/O LATE KRISHNA NAYAK
AGED ABOUT 17 YEARS
3. MASTER RAVI NAYAK
S/O LATE KRISHNA NAYAK
AGED ABOUT 15 YEARS
4. SMT.LAKSHMIBAI
W/O BALA NAYAK
AGED ABOUT 60 YEARS
APPELLANTS 2 AND 3 ARE MINORS
REPRESENTED BY THEIR NATURAL
GUARDIAN AND MOTHER APPELLANT NO.1
ALL ARE R/AT PADARAHALLI
KASABA HOBLI
RAMANGARA TALUK- 562 159
...APPELLANTS
(BY SRI. K. SHANTHARAJ, ADVOCATE)
AND:
1. SRI KRISHNA NAYAK
-2-
S/O HANUMA NAYAK
AGE MAJOR
R/AT PADARAHALLI,KASABA HOBLI
RAMANGARA TALUK-562 159
2 THE MANAGER
UNITED INDIA INSURANCE CO LTD
FIRST FLOOR, R.V.R. COMPLEX
OPP: LIC OFFICE
BEHIND KSRTC BUS STAND
RAMANAGARA-562 159
...RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE FOR R-2,
VIDE ORDER DTD:16.02.2021, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED: 21.09.2013 PASSED IN
MVC.NO.115/2012 ON THE FILE OF THE ADDL. MOTOR
ACCIDENTS CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL
JUDGE AND CJM AT RAMANAGARA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.
THIS MFA COMING ON FOR FURTHER ORDERS, 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 September 21, 2013 in MVC.No.115/2012 passed by
the Additional Motor Accidents Claims Tribunal and Principal
Senior Civil Judge & CJM, Ramanagara.
2. For the sake of convenience, parties shall be
referred as per their status before the Tribunal.
3. Heard Shri.K.Shantharaj, learned advocate for the
claimants and Shri. Ravish Benni, learned advocate for the
insurer.
4. First claimant's husband Sri.Krishnanayaka
sustained grievous injuries in a road traffic accident on
08.01.2012, when driver of a Tractor and Trailer bearing
Registration No.KA-52-T-387/388 on which the deceased
was travelling, drove the same in a rash and negligent
manner. As a result deceased fell down and succumbed to
the injuries on the way to the hospital. On adjudication of
the claim petition, Tribunal has awarded Rs.7,15,000/-.
5. Learned advocate for the claimants submitted
that deceased was working as a loader and earning Rs.500/-
per day. Learned Tribunal has erred in considering the
income of the deceased as Rs.5,000/- p.m., and accordingly
sought for enhancement.
6. Claimants have not produced any document
before the Tribunal to substantiate their claim that
Sri.Krishnanayaka was earning Rs.500/- per day. In the
absence of any proof of income, this Court has been
consistently considering the notional income of an able
bodied person in the year 2012 as Rs.7,000/- p.m.
7. Deceased was aged 40 years, hence the
applicable multiplier is 15 and future prospects is to be
added at 40%.
8. First claimant is the wife, claimants No.2 and 3
are minor children, 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.9,800/-
(Rs.7,000+2,800) [by adding 40% towards future prospects
(Rs.7,000*40%=Rs.2,800)]. After deducting 1/4th, it works
out to Rs.7,350/- per month (Rs.9,800*3/4). The Annual
notional income works out to Rs.88,200/- (Rs.7350*12). By
applying 15 as multiplier, the loss of dependency works out
to Rs.13,23,000/- (Rs.88,200*15).
10. The total compensation is re-computed as
follows;
Sl.No Description Amount
a. Loss of dependency Rs.13,23,000
b. ADD: Consortium Rs.1,60,000
(40,000*4)
c. ADD: Conventional heads; Rs.30,000
funeral expenses, etc.,
d. Total (a+b+c) Rs.15,13,000
e. LESS: Compensation Rs.7,15,000
awarded by the Tribunal
(d-e)
Enhanced Compensation Rs.7,98,000
11. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding that
claimants are entitled for a total compensation of
Rs.15,13,000/-, as against Rs.7,15,000/- 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.7,98,000/- and
(ii) Insurer shall pay the entire compensation
amount of Rs.15,13,000/- with interest at 6% p.a.,
excluding the amount paid/deposited, if any, within
eight weeks from the date of receipt of a copy of
this order. Claimants shall not be entitled for
interest for 1226 days as per order of this Court
dated 09.02.2022. Disbursement shall be made as
directed by the Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
NS/AV
