Karnataka High Court
The Divisional Manager vs Gouramma W/O. Huchappa Kotralli on 13 January, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. CROB.No.873/2012 (MV)
C/W.
M.F.A. NOS.26008/2011, 26009/2011, 26010/2011, MFA
CROB.NOS.871/2012 AND 872/2012
IN MFA.CROB NO.873 OF 2012
BETWEEN:
1. SMT.HANUMAVVA, W/O. HANUMANTHAPPA SUNAGAR,
AGE: 53 YEARS, OCC: NIL,
R/O: SUDUMBI, TQ: BYADGI,
DIST: HAVERI.
2. RAMAPPA, S/O HANUMANTHAPPA SUNAGAR,
AGE: MAJOR, OCC: COOLIE,
R/O: SUDUMBI, TQ: BYADGI, DIST: HAVERI.
3. SMT.NAGAVVA, W/O KALLAPPA KONGANAVAR,
AGE: MAJOR, OCC: NIL,
R/O: SUDUMBI, TQ: BYADGI,
DIST: HAVERI.
...CROSS-OBJECTORS
(BY SRI. M H PATIL, ADVOCATE)
AND:
1. MISS.SUDHA S J, D/O. K V JAYAPRAKASH,
AGE: MAJOR, OCC: BUSINESS,
R/O: WARD NO.28, D.NO.671,
O T ROAD, SHIMOGA.
2
2. NEW INDIA ASSURANCE CO. LTD.,
A M ARCADE, NEAR VIDYARTHI BHAVAN,
C G HOSPITAL ROAD, DAVANGERE.
3. GEETA FALSELY ASSERTED AS
W/O CHANDRAPPA SUNAGAR,
AGE: 23 YEARS, OCC: H H WORK,
R/O: KANAJOGI, TQ: SHIKARIPURA,
DIST: SHIMOGA.
4. AKASH FALSELY ASSERTED AS
S/O CHANDRAPPA SUNAGAR,
AGE: 5 YEARS, OCC: NIL,
R/O: KANAJOGI, TQ: SHIKARIPURA,
DIST: SHIMOGA.
SINCE MINOR HE IS REP. BY RESP. NO.3
MOTHER/NATURAL GUARDIAN.
...RESPONDENTS
(BY SRI. G. N. RAICHUR, ADVOCATE FOR R2 - THRU VC;
R1 & R3 - SERVED; R4 - MINOR REP. BY R3)
---
THIS MFA CROB. NO.873/2012 IN MFA NO.26009/2011 IS
FILED UNDER ORDER 41 RULE 22 OF THE CPC AGAINST THE
JUDGMENT AND AWARD DATED 10.08.2011 PASSED IN MVC
NO.218/2008 ON THE FILE OF THE SENIOR CIVIL JDUGE AND
MEMBER, ADDL. MACT, I.T. COURT AT BYADAGI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 26008 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO.,LTD.,
A.M.ARCADE, NEAR VIDYARTHI BHAVAN,
C.G.HOSPITAL ROAD, DAVANAGERE,
REPTD., BY ITS ASST. MANAGER,
REGIONAL OFFICE, TP-HUB, II FLOOR,
SRINATH COMPLEX, NEW COTTON MARKET,HUBLI 580 029
...APPELLANT
(BY SRI.G N RAICHUR: ANJANEYA M, ADVOCATE)
AND:
1. SMT.GOURAMMA W/O. HUCHAPPA KOTRALLI,
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O: TIMMAPUR VILLAGE,
TQ: BYADGI, DIST: HAVERI.
2. SRI.VIJAYKUMAR S/O. HUCHAPPA KOTRALLI,
AGE: 22 YEARS, OCC: HOUSEHOLD WORK,
R/O: TIMMAPUR VILLAGE,
TQ: BYADAGI, DIST: HAVERI.
3. SMT.SHANTAMMA W/O. RUDRAPPA KOTRALLI,
AGE: 72 YEARS, OCC: NIL,
R/O: TIMMAPUR VILLAGE,
TQ: BYADAGI, DIST: HAVERI.
4. KAVITHA D/O. HUCHAPPA KOTRALLI,
AGE: 24 YEARS, OCC: HOUSEHOLD,
R/O: TIMMAPUR VILLAGE, TQ: BYADAGI,
DIST: HAVERI.
5. MISS. SUDHA S.J
D/O. K V JAYAPRAKASH,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O: TIMMAPUR VILLAGE,
TQ: BYADAGI,DIST: HAVERI.
...RESPONDENTS
(BY SRI. M H PATIL, ADVOCATE FOR R1, R2 and R4;
R3 - SERVED; R5 - SERVED)
---
THIS MFA NO.26008/2011 IS FILED U/SEC.173(1) OF M.V.
ACT, AGAINST THE JUDGMENT AND AWARD DATED:10.08.2011,
PASSED IN M.V.C. NO.219/2008 ON THE FILE OF THE SENIOR
CIVIL JUDGE & ADDL. MACT., I.T. COURT AT BYADAGI,
AWRDING THE COMPENSATION OF RS.5,29,000/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO. 26009 OF 2011
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO.,LTD.,
A.M.ARCADE, NEAR VIDYARTHI BHAVAN,
C.G.HOSPITAL ROAD, DAVANAGERE,
REPTD., BY ITS ASST. MANAGER,
REGIONAL OFFICE, TP-HUB,
II FLOOR, SRINATH COMPLEX,
NEW COTTON MARKET, HUBLI 580 029
...APPELLANT
(BY SRI.G N RAICHUR, ADVOCATE)
AND:
1. SMT. HANUMAVVA,
W/O. HANUMANTHAPPA SUNAGAR,
AGE: 53 YEARS, OCC: NIL,
R/O: SUDAMBI VILLAGE,
TQ: BYADGI, DIST: HAVERI.
2. RAMAPPA HANUMANTHAPPA SUNAGAR,
AGE: 53 YEARS, OCC: NIL,
R/O: SUDAMBI VILLAGE,
TQ: BYADGI, DIST: HAVERI.
3. SMT.NAGAVVA
W/O. KALLAPPA KONGANAVAR,
AGE:MAJOR, OCC: NIL,
R/O:SUDAMBI VILLAGE,
TQ: BYADGI, DIST: HAVERI.
(SINCE PETITIONER NO.2 IS DECEASED
BY HIS LRS 2A TO 2B).
4. MISS. SUDHA S J
D/O. K V JAYAPRAKASH,
AGE: MAJOR, OCC: BUSINESS,
R/O: WARD NO. 28, D.NO. 671,
O.T.ROAD, SHIMOGA, DIST: SHIMOGA.
(OWNER OF VEHICLE BEARING REGN. KA-14/9359)
5. GEETA FALSELY ASSERTED AS
W/O. CHANDRAPPA SUNAGAR,
AGE: 23 YEARS, OCC: HOUSEHOLD WORK,
R/O: KANAJOGI, TQ: SHIKARIPURA,
DIST: SHIMOGA.
6. AKASH FALSELY ASSERTED AS
S/O. CHANDRAPPA SUNAGAR,
AGE: 3 YEARS,
(REPTD., BY NATURAL MOTHER R-5
AS MINOR GUARDIAN FOR R-6)
R/O: KANAJOGI, TQ: SHIKARIPURA,
DIST: SHIMOGA.
...RESPONDENTS
(BY SRI. M H PATIL, ADVOCATE FOR R1 AND R3;
R2 & R4 - SERVED;
SRI. HANUMANTH R. LATUR, ADVOCATE FOR R5 AND R6;
R6 IS MINOR REPRESENTED BY R5)
THIS MFA NO.26009/2011 IS FILED U/SEC.173(1) OF M.V.
ACT, AGAINST THE JUDGMENT AND AWARD DATED:10.08.2011,
PASSED IN M.V.C. NO.218/2008 ON THE FILE OF THE SENIOR
CIVIL JUDGE & ADDL. MACT., I.T. COURT AT BYADAGI,
AWRDING THE COMPENSATION OF RS.6,01,000/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO. 26010 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO.,LTD.,
A.M.ARCADE, NEAR VIDYARTHI BHAVAN,
C.G.HOSPITAL ROAD, DAVANAGERE,
REPTD., BY ITS ASST. MANAGER,
REGIONAL OFFICE, TP-HUB,
II FLOOR, SRINATH COMPLEX,
NEW COTTON MARKET,HUBLI 580 029
...APPELLANT
(BY SRI.G N RAICHUR, ADVOCATE)
AND:
1. SMT.KOKILA W/O. CHANDRAPPA AJJAPALI,
AGE: 32 YEARS, OCC: HOUSEHOLD WORK,
R/O: SUDAMBI VILLAGE, TQ: BYADGI,
DIST: HAVERI.
2. KUMAR. SANTOSH
S/O. CHANDRAPPA AJJAPALI,
AGE: 17 YEARS, OCC: STUDENT,
R/O: SUDAMBI VILLAGE, TQ: BYADAGI,
DIST: HAVERI.
3. KUMARI. ASHA
D/O. CHANDRAPPA AJJAPALI,
AGE: 15 YEARS, OCC: STUDENT,
R/O: SUDAMBI VILLAGE,
TQ: BYADAGI, DIST: HAVERI.
4. KUMARI. USHA
D/O. CHANDRAPPA AJJAPALI,
AGE: 13 YEARS, OCC: STUDENT,
R/O: SUDAMBI VILLAGE,
TQ: BYADAGI, DIST: HAVERI.
ARE MINORS AND THEY ARE REPTD.,
BY THEIR NATURAL GUARDIAN
MOTHER RESPONDENT NO.1)
5. SHANTAMMA W/O. FAKKIRAPPA AJJAPALI,
AGE: 77 YEARS, OCC: NIL,
R/O: SUDAMBI VILLAGE, TQ: BYADAGI,
DIST: HAVERI.
6. MISS. SUDHA S J, D/O. K V JAYAPRAKASH,
AGE: MAJOR, OCC: BUSINESS,
R/O: WARD NO. 28, D.NO. 671,
O.T.ROAD, SHIMOGA, DIST: SHIMOGA.
(OWNER OF VEHICLE BEARING REG.NO. KA-14/9359)
...RESPONDENTS
(BY SRI.M H PATIL, ADVOCATE FOR R1 TO R5;
R2 TO R4 ARE MINORS REP. BY R1; R6 - SERVED)
THIS MFA NO.26010/2011 IS FILED U/SEC.173(1) OF M.V.
ACT, AGAINST THE JUDGMENT AND AWARD DATED:10.08.2011,
PASSED IN M.V.C. NO.217/2008 ON THE FILE OF THE SENIOR
CIVIL JUDGE & ADDL. MACT., IT. COURT AT BYADAGI,
AWARDING THE COMPENSATION OF RS.5,37,000/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF
PETITION TILL ITS REALIZATION.
IN MFA.CROB NO 871 OF 2012
BETWEEN:
1. SMT.KOKILA W/O CHANDRAPPA AJJAPPALI,
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O: SUDAMBI, TQ: BYADGI, DIST: HAVERI.
2. KUMAR SANTOSH S/O CHANDRAPPA AJJAPPALI
AGE: 17 YEARS, OCC: STUDENT,
SINCE MINOR REP. BY NATURAL MOTHER
CROSS OBJECTOR NO.1
3. KUMARI ASHA D/O CHANDRAPPA AJJAPPALI,
AGE: 15 YEARS, OCC: STUDENT,
SINCE MINOR REP. BY NATURAL MOTHER
CROSS OBJECTOR NO.1
4. KUMARI USHA D/O CHANDRAPPA AJJAPPALI
AGE: 13 YEARS, OCC: STUDENT,
SINCE MINOR REP. BY NATURAL MOTHER
CROSS OBJECTOR NO.1
5. SMT.SHANTAMMA W/O FAKKIRAPPA AJJAPPALI,
AGE: 78 YEARS, OCC: NIL
R/O SUDABI, TQ: BYADGI, DIST: HAVERI.
...CROSS-OBJECTORS
(BY SRI.M H PATIL, ADVOCATE)
AND:
1. MISS SUDHA S J. D/O K V JAYAPRAKASH,
AGE: MAJOR, OCC: BUSINESS,
R/O: WARD NO.28, D NO.671,
O T ROAD, SHIMOGA.
2. NEW INDIA ASSURANCE CO. LTD.,
A M ARCADE, NEAR VIDYARTHI BHAVAN,
C G HOSPITAL ROAD, DAVANGERE.
...RESPONDENTS
(BY SRI. G N RAICHUR, ADVOCATE FOR R2; R1 - SERVED)
THIS MFA CROB.NO.871/2012 IN MFA NO.26010/2011 IS
FILED UNDER ORDER 41 RULE 22 OF THE CPC AGAINST THE
JUDGMENT AND AWARD DATED 10.08.2011 PASSED IN MVC
NO.217/2008 ON THE FILE OF THE SENIOR CIVIL JDUGE AND
MEMBER, ADDL. MACT, I.T. COURT AT BYADAGI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.2
IN MFA.CROB NO 872 OF 2012
BETWEEN:
1. SMT.GOURAMMA W/O HUCHAPPA KOTRALLI,
AGE: 41 YEARS, OCC: HOUSE HOLD WORK,
R/O: TIMMAPUR, TQ: BYADIG, DIST: HAVERI.
2. VIJAYKUMAR S/O HUCHAPPA KOTRALLI,
AGE: 23 YEARS, OCC: HOUSE HOLD WORK,
R/O: TIMMAPUR, TQ: BYADGI,
DIST: HAVERI.
3. KAVITHA D/O HUCHAPPA KOTRALLI,
AGE: 25 YEARS, OCC: HOUSE HOLD WORK,
R/O: TIMMAPUR, TQ: BYADGI, DIST: HAVERI.
...CROSS-OBJECTORS
(BY SRI. M H PATIL, ADVOCATE)
AND:
1. MISS SUDHA S J, D/O K V JAYAPRAKASH,
AGE: MAJOR, OCC: BUSINESS,
R/O: WARD NO.28, D NO.671,
O T ROAD, SHIMOGA.
2. NEW INDIA ASSURANCE CO. LTD.,
A M ARCADE, NEAR VIDYARTHI BHAVAN,
C G HOSPITAL ROAD, DAVANGERE.
...RESPONDENTS
(BY SRI. G N RAICHUR, ADVOCATE FOR R2)
THIS MFA CROB.NO.872/2012 IN MFA NO.26008/2011 IS
FILED UNDER ORDER 41 RULE 22 OF THE CPC AGAINST THE
JUDGMENT AND AWARD DATED 10.08.2011 PASSED IN MVC
NO.219/2008 ON THE FILE OF THE SENIOR CIVIL JDUGE AND
MEMBER, ADDL. MACT, I.T. COURT AT BYADAGI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS AND CROSS-OBJECTIONS COMING ON
FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
COMMON JUDGMENT
These appeals and cross-objections arise from
the common judgment and award dated 10.08.2011
passed in MVC Nos.217, 218 and 219 of 2008, passed
by the Court of Senior Civil Judge and Additional
MACT at Byadagi.
2. Though these appeals are listed for
admission, with the consent of learned counsel
appearing on both sides, the same are taken up for
final disposal.
3. The parties are referred to as per their
rankings assigned to them before the Tribunal, for
the sake of convenience.
4. The brief facts of the case that would be
relevant for the purpose of disposal of these appeals
and cross-objections are;
On 26.01.2008 at about 2:30 p.m. the deceased
Chandrappa Sungar along with deceased Huchappa
and Chandrappa Ajjappali were traveling in the
motorcycle bearing registration No.KA-15/H4359. The
deceased Chandrappa Sungar was riding the bike,
while the others were pillion riders. When the
motorcycle reached near the land of one
Geruguddadaver at about 3.30 pm, the offending bus
bearing registration No.KA-14/9359 driven in a rash
and negligent manner by its driver, dashed against
the motorcycle and caused the accident and as a
result, the rider as well as the pillion riders sustained
fatal injuries and subsequently they succumbed to
the same.
The legal representatives of all the three
deceased persons have filed claim petitions in MVC
Nos.217, 218 and 219 of 2008 under Section 166 of
the Motor Vehicles Act, 1988 claiming compensation
of `12,00,000/-, `15,00,000 and `15,00,000/-
respectively from the respondents. The Tribunal has
awarded a compensation of `5,37,000/-, `6,01,000/-
and `5,29,000/- respectively in these claim petitions
with interest at 6% per annum from the date of
petition till realization. Since the motorcycle was
duly insured with the respondent Insurer as on the
date of the accident in question, the liability to pay
the compensation amount was saddled on the Insurer
by the Tribunal. Being aggrieved by the same, the
Insurer has preferred MFA Nos.26008, 26009 and
26010 of 2011, while the claimants have preferred
Cross-Objections No.872, 873 and 871 of 2011
respectively in all the three cases.
5. Learned counsel for the Insurer submits
that, at the time of accident all the three deceased
persons were found riding the motorcycle and
therefore the Tribunal was not justified in attributing
the entire negligence on the driver of the offending
bus. He submits that, there is a contributory
negligence on the part of the deceased persons, who
were found riding in the motorcycle and therefore the
Tribunal ought to have attributed contributory
negligence even as against the deceased persons. He
submits that the compensation amount awarded to
the claimants is also on the higher side and
accordingly prays to allow the appeals.
6. Per contra, learned counsel appearing for
the claimants submits that, merely for the reason
that the rider of the motorcycle was traveling in the
motorcycle along with two pillion riders, it cannot be
said that the same was the cause for the accident. He
submits that the charge sheet has been filed only
against the driver of the offending bus and to prove
the contributory negligence on the part of the rider of
the motorcycle or other deceased persons traveling in
the said motorcycle, the respondents have not led
any evidence or produced any other material to
disbelieve the charge sheet. He has relied upon the
judgment of the Hon'ble Supreme Court in the case of
Mohammed Siddique Vs. National Insurance
Company Ltd reported in AIR 2020 SC 520 and
submitted that, in identical circumstances the Hon'ble
Supreme Court has held that contributory negligence
cannot be attributed to the rider or pillion riders of
the motorcycle unless it is proved that the same was
the cause for the accident. He also submits that the
compensation awarded by the Tribunal in all the
claim petitions is on the lower side. He submits that
the income of the deceased in all the claim petitions
has been taken on the lower side and even under the
conventional heads they are entitled for higher
compensation. Accordingly he prays to allow the
Cross Objections.
7. I have given my anxious consideration to
the rival arguments and also perused the materials
available on the record.
8. The accident in question and the fact that
the deceased had died in the said accident is not in
dispute. The fact that the bus bearing registration
No.KA-14/9359 was involved in the accident in
question and that the said bus was duly insured with
the Insurer at the time of accident in question is also
not in dispute. The material on record would go to
show that, at the time of accident the deceased
Chandrappa Sungar was riding the motorcycle and
two other deceased persons were traveling as pillion
riders in the said motorcycle. Since three persons
were traveling in the motorcycle, the Insurer has
submitted that they are guilty of contributory
negligence and therefore the Tribunal ought to have
attributed proportionate contributory negligence even
on them. In identical circumstance, wherein three
persons were found traveling in the motorcycle, the
Hon'ble Supreme Court in the case of Mohammed
Siddique (supra) has held that the High Court was in
error in holding the victim guilty of contributory
negligence. The Hon'ble Supreme Court in the said
case has held that, the fact that the deceased was
riding on the motorcycle along with the rider and
another, may not by itself, without anything more,
make him guilty of contributory negligence. The
Hon'ble Supreme Court in the said case has further
observed that, in the absence of any evidence to
show that the wrongful act on the part of the
deceased victim contributed either to the accident or
to the nature of injuries sustained by the victim, they
cannot be held guilty of contributory negligence.
Even in the case on hand, the respondents have
failed to prove that the wrongful act of any one of
the deceased persons has caused the accident,
Admittedly the charge sheet has been filed against
the driver of the offending bus. The respondents have
not examined any witnesses in support of their case
to prove the negligence of the deceased persons in
the accident in question. The witness who has been
examined on behalf of the Insurance Company is not
a competent person to speak about the contributory
negligence, if any, said to have been caused by the
deceased.
9. Under the circumstances, having regard to
the judgment of the Hon'ble Supreme Court in the
case of Mohammed Siddique (supra), I am of the
considered view that the Tribunal was fully justified
in saddling the entire liability to pay the
compensation amount on the Insurer, as no
contributory negligence can be attributed to the rider
or other persons who were found traveling with him
as pillion riders.
10. Insofar as the quantum of compensation for
which the claimants are entitled is concerned, on re-
appreciation of the material evidence available on
record, the claimants would be entitled for the
compensation as follows:
The claimants in MVC No.217/2008 are the wife,
children and mother of deceased Chandrappa
Ajjappali. They are all-together five claimants in this
claim petition. The Tribunal had taken the notional
income of the deceased at `4,000/- per month. In the
absence of substantive evidence to prove the income,
the Tribunal was required to consider the notional
income ot `4,250/- having regard to the income chart
maintained by Karnataka State Legal Services
Authority for the purpose of disposal of motor
accident cases in the Lok Adalath. The deceased was
aged about 34 years and therefore 40% of his income
is required to be taken into consideration towards
loss of future prospects. Having regard to the number
of dependents, 1/4 t h of the income is required to be
deducted towards the personal expenses of the
deceased. The appropriate multiplier applicable in the
case would be 16. Therefore the claimants are
entitled for a sum of `8,56,896/- [`4463 (`4250
+40% of 4250 - 1/4 t h of 5950) x 12 x16) towards
'loss of dependency'. The claimants are further
entitled for a sum of `40,000/- each towards 'loss of
consortium and towards loss of filial love and
affection'. The claimants are also entitled for a
further sum of `30,000/- towards 'funeral and other
miscellaneous expenses'. Therefore in all the
claimants are entitled for a sum of ` 10,46,896/-
towards compensation as against `5,37,000/- awarded
by the Tribunal.
The claimants in MVC No.218/2008 are the
parents of the deceased Chandrappa Sunagar and
respondents 3 and 4 in the claim petition are his wife
and minor daughter. Even in the present claim
petition, for the reasons stated above, the income of
the deceased is required to be taken at `4,250/- per
month. Having regard to the age of the deceased,
40% of his income is required to be taken into
consideration towards loss of future prospects and
out of the same, 1/4 t h of the income has to be
deducted towards the personal expenses of the
deceased. The proper multiplier applicable in the
case would be 18 and therefore the claimants as well
as the respondents 3 and 4 together would be
entitled for a compensation of his `9,64,008/-[`4463
(`4250 +40% of 4250 - 1/4 t h of 5950) x 12 x16].
Under the conventional heads, the claimants
altogether are entitled for a sum of `1,90,000/-.
Therefore in all the claimants are entitled for a sum
of ` 11,54,008/- towards compensation as against
`6,01,000/- awarded by the Tribunal.
In MVC No.219/2008, the claimants are the wife,
children and mother of the deceased Huchappa. The
deceased was aged about 45 years at the time of his
death. The income of the deceased even in this case
is required to be considered as `4250/- per month.
Having regard to the age of the deceased, 25% of his
income is required to be taken towards loss of future
prospects. Out of the total income of the deceased,
1/4 t h of the same is required to be deducted towards
personal expenses of the deceased and the proper
multiplier applicable to the case would be 14.
Therefore the claimants in this case would be entitled
for a sum of `6,69,312/- [`3984 (`4250+25% of 4250
- 1/4 t h of 5312) x 12 x16] towards 'loss of
dependency'. Under the conventional heads, the
claimants are together entitled for a sum of
`1,90,000/-. Therefore, the claimants are entitled
for a total compensation of ` 8,59,312/- as against
`5,29,000/- awarded by the Tribunal.
11. Accordingly, the following order:
ORDER
Miscellaneous First Appeal Nos.26008/2011,
26009/2011 and 26010/2011 passed by the
Insurance Company are dismissed.
MFA Crob.Nos.871/2012, 873/2012 and
872/2012 filed by the claimants are partly allowed.
The claimants in MVC Nos.217/2008, 218/2008
and 219/2008 are entitled for the enhanced
compensation of `5,09,896/-, `5,53,008/- and
`3,30,312/- respectively, in addition to the
compensation awarded by the Tribunal. The
enhanced amount of compensation shall also carry
interest at 6% per annum from the date of petition
till realization. Since the offending vehicle was duly
insured with the Insurer as on the date of the
accident, the Insurer is directed to deposit the
balance amount of compensation along with interest
before the Tribunal within a period of six weeks from
the date of receipt of certified copy of this order.
The amount in deposit in all the three appeals
filed by the Insurer is directed to be transferred to
the Tribunal for the purpose of disbursement.
The order passed by the Tribunal insofar is it
relates to apportionment, disbursement and deposit
remains unaltered and the same shall be applicable
even to the enhanced compensation.
The records received from the Tribunal shall be
returned by the Registry forthwith.
Sd/-
JUDGE
gab
