Karnataka High Court
Sri Rama K vs Sri Romeo Saldanha on 13 September, 2022
Bench: N S Gowda
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MFA No. 8594 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 8594 OF 2013 (MV-D)
BETWEEN:
1. SRI RAMA K
S/O LATE P SADANANDA
AGED ABOUT 40 YEARS
2. SMT SHALINI
W/O RAMA K
AGED ABOUT 40 YEARS
BOTH ARE R/O KUDKORIGUDDE
BYPASS ROAD
KANKANADY
MANGALORE, DK-575002
...APPELLANTS
(BY SRI. PUNDIKAI ISHWARA BHAT.,ADVOCATE)
AND:
Digitally
signed by
PANKAJA S 1. SRI ROMEO SALDANHA,
Location: AGED ABOUT 47 YEARS
High Court
of Karnataka S/O CYRIL SALDANHA
R/A ST. ANTONY MOTORS
NEAR VALENCIA CHURCH
MANGALORE, DK-575002
(OWNER OF THE BUS BEARING NO.KA 19B-9132)
2. THE ORIENTAL INSURANCE CO LTD
3RD FLOOR, KRISHNA PRASAD BUILDING
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MFA No. 8594 of 2013
LALBAGH, MANGALORE, DK-575003
(INSURER OF THE BUS BEARING NO.KA 19B-9132)
3. SRI ANIL HEGDE
S/O BHASKAR HEGDE
AGED ABOUT 38 YEARS
R/O 604, PREMSAGAR APARTMENTS
MANNAGUDDE, MANGALORE TALUK-5750003
(OWNER OF THE MARUTHI CAR BEARING NO.KA 19P-
9752)
4. THE UNITED INDIA INSURANCE CO LTD
SALDANA BUILDING, BRIDGE ROAD
BALMATTA, MANGALORE-575001
(INSURER OF MARUTHI CAR BEARING NO.KA 19P-9752)
...RESPONDENTS
(VIDE ORDER DATED 18.06.2020 NOTICE TO
R.1 AND R3 IS DISPENSED WITH,
BY SRI. K SRIDHARA, ADVOCATE FOR R.4)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.11.2012 PASSED IN MVC
NO.1296/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, MEMBER, MACT, MANGALORE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 8594 of 2013
JUDGMENT
1. The appeal is filed seeking for enhancement of
compensation.
2. It is not in dispute that as a result of the motor vehicle
accident which occurred on 08.08.2009 at 12.20 pm, Rakesh,
aged 18 years died.
3. It is not in dispute that the Insurers are liable to pay the
compensation as the offending vehicles were insured.
4. The Tribunal, on assessment of the evidence adduced
before it, has come to the conclusion that the driver of the
offending vehicles were responsible for the accident which has
resulted in the death of Rakesh. The Tribunal has thereafter
proceeded to award the following sums as compensation:
Sl. Amount
Particulars
No. in (Rs.)
1. Loss of Dependency 5,40,000/-
2. Loss of estate 15,000/-
3. Loss of love and affection 15,000/-
MFA No. 8594 of 2013
4. Funeral expenses and Obsequies 10,000/-
Total 5,80,000/-
5. In order to arrive at the loss of dependency, the Tribunal
has determined the notional income at Rs.3,000/-. As there is
no credible evidence to ascertain the actual notional income, it
would be appropriate and prudent to adopt the notional income
determined by Karnataka State Legal Services Authority, which,
for the accident of the year 2009, would be Rs.5,000/-. To this,
40% requires to be added towards future prospects, which
makes the income to be Rs.7,000/-. If 50% is deducted
towards personal expenses, the income of the deceased would
be Rs.3,500/-.
6. As the deceased was aged 18 years, a multiplier of '18'
will have to be applied. Consequently, the claimant would be
entitled to a sum of Rs.7,56,000/- (3500 x 12 x 18) towards
"loss of dependency".
7. The claimants being the parents and sisters, would each
be entitled to a sum of Rs.44,000/- towards "loss of
MFA No. 8594 of 2013
consortium" and they would also be entitled to a sum of
Rs.33,000/- under the "conventional heads".
8. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums:
Sl. Amount
Particulars
No. in (Rs.)
1. Loss of Dependency 7,56,000
2. Loss of Consortium 1,32,000
3. Conventional Head 33,000
Total 9,21,000
9. Thus, the claimants would be entitled for compensation of
Rs.9,21,000/- as against Rs.5,80,000/- awarded by the
Tribunal, along with interest at the rate of 6% per annum from
the date of petition till its realization.
10. The Insurers are directed to deposit the amount of
compensation awarded within a period of two months from the
date of receipt of a certified copy of this judgment as per the
ratio fixed by the Tribunal.
MFA No. 8594 of 2013
11. The amount shall be disbursed in terms of the award of
the Tribunal.
The appeal is accordingly allowed in part.
SD/-
JUDGE
BRN
