IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF JANUARY, 2021

PRESENT

THE HON'BLE MRS. JUSTICE S. SUJATHA

AND

THE HON'BLE MR. JUSTICE M.I.ARUN

MFA NO.2711 OF 2018 (MV)

BETWEEN:

• 1. SMT. SHULAIKA AGED ABOUT 34 YEARS W/O LATE HUSSAIN
• 2. BABY NID ARMIYA AGED ABOUT 10 YEARS D/O LATE HUSSAIN, MINOR REP. BY HER MOTHER/NATURAL GUARDIAN, SMT. SHULAIKA

BOTH ARE R/AT 54, 1ST BLOCK 1ST MAIN, 1ST CROSS NEAR CAUVERAMMA TEMPLE ROAD, BYLASANDRA BANGALORE

3. SMT. NEBIS W/O LATE MOHAMMED AGED ABOUT 62 YEARS R/AT JONIGERE BEEDI NEAR SIYA MASZID PERIYAPATNA TOWN MYSORE DISTRICT ... APPELLANTS

(BY SRI. SYED ABDUL SABOOR, ADVOCATE)

AND:

• 1. SMT. LEELADEVI W/O SRI. MADANLAL SIRUI AGED ABOUT 42 YEARS R/AT 1582/3582 NEW COLONY HUNSUR TOWN – 571 105 MYSURU DISTRICT
• 2. UNITED INDIA INSURANCE CO. LTD. KRISHNAMURTHYPURAM BRANCH OFFICE, REP. BY ITS MANAGER KRISHNAMURTHYPURAM MYSURU – 570 004

... RESPONDENTS

(BY SRI. RAJANNA, ADV. FOR R1)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 23.12.2017 PASSED IN MVC NO.703/2016 ON THE FILE OF THE PRL.JUDGE, COURT OF SMALL CAUSES, AS PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR ADMISSION, THIS DAY, M.I.ARUN J., DELIVERED THE FOLLOWING:

JUDGMENT

Aggrieved by the judgment and award dated 23.12.2017

passed by the Principal Judge, Small Causes & Senior Civil Judge

at at Mysuru, (for short 'the Tribunal') in MVC No.703/2016, the

petitioners therein have preferred this appeal.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. The brief facts of the case are that on 19.04.2016 at about 1.15 p.m. near Ambedkar Nagara on H.D.Kote – Hunsur main road, when the deceased was proceeding on a motor cycle bearing Reg. No.KA-02-HJ-53, a motor cycle bearing No.KA-45- U-2894 being driven in a rash and negligent manner dashed against the motor cycle of the deceased because of which deceased fell down and sustained injuries and died on the spot itself. Petitioner No.1 is the wife of the deceased, petitioner No.2 is the minor daughter of the deceased and petitioner No.3 is the mother of the deceased.

4. Respondent No.1 is the owner of the offending motor cycle and respondent No.2 is the insurance company which whom the motor cycle is duly insured. Petitioners preferred M.V.C.No.703/2016 and sought compensation of Rs.41,50,000/-.

5. After service of summons, respondent Nos.1 and 2 have appeared before the Tribunal through their respective counsel and filed their statement of objections, denied liability and prayed for dismissal of the claim petition.

6. The petitioner No.1 got herself examined as PW-1 and got marked Ex.P.1 to P.12. Respondents did not examine any witness nor got marked any documents.

7. Based on the pleadings and evidence let in, the Tribunal granted compensation of Rs.11,28,000/-. Not satisfied by the same, the petitioners therein have preferred this appeal.

8. The petitioners have claimed the income of the deceased as Rs.20,000/- per month. However, they have failed to produce any evidence. Hence, the Tribunal has notionally fixed income of the deceased at Rs.9,000/- per month. The accident is of the year 2016. As per the chart prepared by the Karnataka State Legal Services Authority in consultation with the Insurance Company, the notional income in the absence of proof of income to be adopted for the year 2016 is Rs.9,500/- per month. Further, 40% has to be added to the income of the deceased towards future prospects as per the law down by the Apex Court in National Insurance Co.Ltd. v. Pranay Sethi (2017) 16 SCC 680**.** The age of the deceased is about 41 years. Thus, multiplier of '14' is to be adopted. There being three dependants, 1/3 has to be deducted towards his personal expenses. Thus, on the count of loss of dependency, the petitioners are entitled to a sum of Rs.13,30,000/- (9,500 + 25% x 12 x 14 x 1/3).

9. Further, as per the law laid down by the Hon'ble Supreme Court in New India Assurance Co.Ltd. v. Somwati [(2020)9 SCC 644], petitioners are entitled to a sum of Rs.40,000/- each under the head loss of consortium and Rs.30,000/- towards funeral expenses and loss of estate. Thus, in all they are entitled to a sum of Rs.1,50,000/- under all conventional heads. Thus, they are entitled to total compensation of Rs.14,80,000/- as against Rs.11,28,000/ awarded by the Tribunal.

10. Hence, the following:

ORDER

i] Appeal is allowed in part.

ii] The total compensation awarded by the Tribunal is modified and enhanced to Rs.14,80,000/- (Rupees Fourteen Lakhs Eighty Thousand only) as against Rs.11,28,000/- which shall carry interest at the rate of 6% per annum on the enhanced compensation from the date of the claim petition till its realization.

iii] The insurance company shall deposit the re-assessed total compensation determined as aforesaid before the Tribunal within 90 days from the date of receipt of the certified copy of the judgment and order.

iv] The portion of the order of the Tribunal inasmuch as liability, apportionment and disbursement remains intact.

v] The modified compensation shall be disbursed in terms of the order of the Tribunal.

vi] Draw modified award accordingly.

Sd/- JUDGE

Sd/- JUDGE

MH/-