In the High Court of Karnataka Dharwad Bench
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17 TH DAY OF MARCH, 2021 BEFORE THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR MFA No.100901/2017 (MV) Between 1. Smt. Indrawwa W/o. Kallappa Chikkatti, Age 44 years, Occ: Household work, R/o. Jambagi, B.K., Tq. Jamkhandi, Now r esiding at Gosabal, Tq. Gokak, Dist. Belagavi. 2. Prema D/o. Kallappa Chikkatti, Age 24 years, Occ: Student, R/o. Jambagi, B.K., Tq. Jamkhandi, Now r esiding at Gosabal, Tq. Gokak, Dist. Belagavi. 3. Kumar Shrinivas S/o. Kallappa Chikkatti, Age 24 years, Occ: Student, R/o. Jambagi, B.K., Tq. Jamkhandi, Now r esiding at Gosabal, Tq. Gokak, Dist. Belagavi. 4. Kumari Meenakshi D/o. Kallappa Chikkatti, Age 23 years, Occ: Student, R/o. Jambagi, B.K., Tq. Jamkhandi, Now r esiding at Gosabal, Tq. Gokak, Dist. Belagavi. 2 5. Kumar Shrishail S/o. Kallappa Chikkatti, Age 18 years, Occ: Student, R/o. Jambagi, B.K., Tq. Jamkhandi, Now residing at Gosabal, Tq. Gokak, Dist. Belagavi. ...Appellants (By Sri. Hanamanth R. Latur, Advocate) A n d 1. The Managing Director, NEKRTC Gulbarga, Tq. & Dist. Gulbarga, Through its Depot Manager, NWKRTC Gokak, Tq. Gokak, Dist. Belagavi, Pin – 596112. 2. Shri. Sushilendra S/o. Timmannarao Deshpande, Age 50 years, Occ: Driver Brahmin Galli, Lokapur, Pin – 587122, Tq. Mudhol, Dist. Bagalkot. 3. Shriram General Insurance Company Ltd., S-5, 2 nd floor, Monarch Chembers, Infantry Road, Bengalooru-01. 4. Shri. Vijaykumar S/o. Timmannarao Deshpande, Age 50 years, Occ: Business, R/o. Near Venkateshwar Nilay, Lokapur, Tq. Mudhol, Dist. Bagalkot, Pin-587122. 5. Shriram General Insurance Company Ltd., S-5, 2 nd floor, Monarch Chembers, Infantry road, Bangalooru-01. .... Respondents (Sri. S.C.Bhuti, Advocate for R1; R2 to R5 notice dispensed with) 3 This MFA is filed u/S. 173(1) of M.V.Act, 1988, against the Judgment and Award dated 29.11.2014, passed in MVC No.1637/2013 on the file of the Principal Senior Civil Judge & Additional MACT, Gokak, partly allowing the claim petition for compensation and seeking enhancement of compensation. This MFA coming on for hearing on Admission, this day, the Court passed the following: JUDGMENT 1. The claimants/appellants are before this Court aggrieved by the judgment and award dated 29.11.2014 passed by Principal Senior Civil Judge & Additional MACT, Gokak, (‘Tribunal’, for short) in MVC No.1637/2013. 2. The appellants are the legal representatives of the deceased who died in a road traffic accident that occurred on 07.01.2013. The appellants having filed claim petition for compensation, the Tribunal by way of above judgment has awarded a sum of Rs.7,10,000/- with interest @ 6% p.a. in favour of the appellants on account of death of the deceased and as also apportioned the amounts and imposed certain conditions on deposit. 3. Heard. Admit. 4 4. With the consent of both the sides, the above appeal is taken up for final disposal at the stage of admission itself. 5. The nature and occurrence of the accident, coverage of the offending vehicle by respondent-NEKRTC is neither in question nor in dispute. 6. The present appeal has been filed seeking enhancement of compensation by the appellants who were the petitioners before the Tribunal. 7. The respondent-NEKRTC has not filed any other appeal. 8. The Tribunal awarded compensation on the following heads. Sl.No. Heads of accounts Rupees (Rs.) 1 Loss of dependency 6,07,500-00 2 Medical expenses 43,493-16 3 Loss of consortium 10,000-00 4 Love and affection 20,000-00 5 Funeral expenses 20,000-00 Total 7,00,993-16 9. The appellants have preferred the present appeal seeking for enhancement of compensation contending that the amounts awarded by the Tribunal are meager, insufficient, contrary to applicable guidelines. The compensation awarded under the different heads of account does not take into account the income of the deceased, age of the 5 deceased, dependants of the deceased, expenses incurred towards medical expenses., etc. The appellants are therefore entitled to for higher compensation than what was awarded by the Tribunal. 10. Per contra, learned counsel for the respondent-NEKRTC contends that what has been awarded by the Tribunal is proper and correct. All the aspects that are required to be considered have been so considered by the Tribunal. The amounts awarded as compensation is more than sufficient and there are no further amounts which are required to be awarded and sought for dismissal of the appeal. 11. Heard the learned counsels for the parties and perused the papers. 12. The accident is of the year 2013. In the absence of any documentary evidence for the purpose of income, the notional income of the deceased has to be assessed at Rs.7,000/- per month. The deceased left behind his wife and four children and parents. Totally they were dependent on the income of the deceased for their livelihood. 6 13. The Tribunal has taken 1/4 th of the income of the deceased towards personal expenses. Having regard to the fact that, there are seven dependents, 1/5 th income of the deceased should be deducted towards personal expenses instead of 1/4 th by assessing income of the deceased at Rs.7,000/- by adopting multiplier ‘15’. Taking 1/5 th of the income towards personal expenses and adding 25% towards future prospects, the claimants are entitled for compensation of Rs.12,60,000/- towards loss of dependency. 14. The claimants are also entitled for compensation of Rs.40,000/- each under the head of filial consortium which comes to Rs.2,80,000/-. 15. The claimants are also entitled for compensation of Rs.30,000/- under the head of loss of estate and funeral expenses. 16. The compensation awarded under the head of medical expenses at Rs.43,493/- is just and proper and remains unaltered. 17. Thus, in all the claimants are entitled for compensation of Rs.16,13,493/- as against Rs.7,10,000/- awarded by the 7 tribunal. The enhanced compensation would be Rs.9,03,493/-. 18. Accordingly, I pass the following: ORDER i. The appeal is partly allowed. ii. The judgment of Principal Senior Civil Judge & Additional MACT, Gokak in MVC No.1637/2013 dated 29.11.2014 is hereby modified. The appellant is entitled to enhanced compensation of Rs.9,03,493/- with interest @ 6% p.a. from the date of claim petition till the date of realization. iii. The enhanced compensation to be deposited within a period of eight weeks from the date of receipt of the copy of this order. Sd/- JUDGE *Svh/- .