Karnataka High Court
Smt. Akhila vs C.Varnesh Reddy on 5 January, 2022
Bench: P S Kumar, Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P S DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
MISCL. FIRST APPEAL NO. 4851 OF 2018 (MV-D)
BETWEEN:
1. SMT. AKHILA
W/O LATE SYED PEER
AGED ABOUT 41 YEARS
2. MUBARAK S
S/O LATE SYED PEER
AGED ABOUT 20 YEARS
BOTH ARE RESIDING AT
R/A NO.380, AYESHA
MASJID ROAD
MANGAMMANAPALYA
BOMMANAHALLI POST
BANGALORE-560 068
...APPELLANTS
(BY SHRI. SHRIPAD V.SHASTRI, ADVOCATE;
THROUGH VIDEO CONFERENCE)
AND:
1. C.VARNESH REDDY
S CHANDRASHEKAR REDDY
R/A NO.286, 6TH CROSS
24TH MAIN, HSR I SECTOR
BANGALORE-560 102
2. THE NEW INDIA ASSURANCE CO. LTD.,
T.P.HUB, II FLOOR
2
MAHALAKSHMI CHAMBERS
M.G.ROAD, BANGALORE-01
...RESPONDENTS
(BY SHRI. R. GOVINDARAJAN, ADV. FOR R2-THROUGH V.C.;
VIDE ORDER DATED 04.06.2021-NOTICE TO
RESPONDENT NO.1-DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.01.2018 PASSED IN MVC
NO.5381/2016 ON THE FILE OF THE XXI ACMM & XXIII
ADDITIONAL SMALL CAUSE JUDGE, COURT OF SMALL CAUSES,
MACT, BENGALURU (SCCH-25), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.,
THIS MFA COMING ON FOR ORDERS THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal is filed by the claimants in
MVC.No.5381/2016 on the file of XXI ACMM & XXIII
Additional Small Cause Judge, Court of Small
Causes, MACT, Bengaluru, seeking enhancement of
compensation awarded vide judgment and award dated
January 16, 2018, passed by the Tribunal.
2. For the sake of convenience, parties shall be
referred as per their status before the Tribunal.
3. Heard Shri Shripad V.Shastri, learned advocate for
claimants-appellants and Shri R. Govindarajan, learned
advocate for second respondent-insurer.
4. First claimant's husband Shri Syed Peer sustained
grievous injuries in a road traffic accident on
23.06.2016, when a Car bearing Registration
No.KA-51-MF-59 coming from opposite side dashed
against the motorcycle, which the deceased was riding.
Shri Syed Peer succumbed to the injuries on the way to
hospital. On adjudication of the claim petition, Tribunal
has awarded Rs.11,75,100/- with interest at 8% p.a.,
from the date of petition till the date of deposit.
5. Learned advocate for the claimants submitted that
deceased was a mechanic and earning Rs.25,000/- per
month. Learned Tribunal has erred in considering the
income of the deceased as Rs.8,000/- p.m., and
accordingly sought for enhancement.
6. Claimants have not produced any document
before the Tribunal to substantiate their claim that
Shri Syed Peer was earning Rs.25,000/- 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 2016 as Rs.9,500/- p.m.
7. Deceased was aged 44 years, hence the applicable
multiplier is 14 and future prospects is to be
added at 25%.
8. Claimants are the wife and son of the deceased.
Hence, 1/3rd 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.11,875/- (Rs.9,500+2,375) [by adding 25%
towards future prospects (Rs.9,500*25%=Rs.2,375)].
After deducting 1/3rd, it works out to Rs.7,917/- per
month (Rs.11,875*2/3). The Annual notional income
works out to Rs.95,004/- (Rs.7,917*12). By applying
14 as multiplier, the loss of dependency works out to
Rs.13,30,056/- (Rs.95,004*14).
10. The compensation is re-computed as follows;
Sl. Description Amount
No
a. Loss of dependency
Rs.13,30,056
b. ADD:Consortium
Rs.80,000
(Rs.40,000*2)
c. ADD: Conventional heads;
Rs.30,000
funeral expenses, etc.,
d. Total (a+b+c) Rs.14,40,056
e. LESS:Compensation Rs.11,75,100
awarded by the Tribunal
(d-e)
Enhanced Compensation Rs.2,64,956
11. Learned advocate for the Insurer submits that
amount awarded by the Tribunal has already been
deposited and 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.14,40,056/-, as against
Rs.11,75,100/- 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.2,64,956/-; and
(ii) Insurer shall pay the enhanced
compensation amount of Rs.2,64,956/- with
interest at 6% p.a., within eight weeks from
the date of receipt of a copy of this order.
Disbursement shall be made as directed by the
Tribunal.
12. In view of disposal of this appeal, I.A.No.1/2018
does not survive for consideration and the same stands
disposed of.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AV
