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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2016 BEFORE
THE HON’BLE MR.JUSTICE B.S.PATIL M.F.A.No. 108/2009 BETWEEN 1. K.Vijayakumari, Aged about 38 years, W/o late P.K.Vijayan Pillai,
Biji K.Pillai, Aged about 17 years, D/o late P.K.Vijayan Pillai,
Vidya K.Pillai, Aged about 12 years, D/o late P.K.Vijayan Pillai, Since the 2nd and 3rd appellants are minors, rep. by their mother/ natural guardian- 1st appellant. All are r/at No.128/E, 3rd main, 5th Cross, Mohan Kumar Nagar, Yeshwanthpura, Bangalore – 22.
.. APPELLANTS
(By Sri R.Chandrashekar, Adv. for Lawyers Net, Advs.)
AND:
The Divisional Manager, National Insurance Company Ltd., DO-XV, 18, Rabindra Sarani Poddar- Court, Gate No.5, 6th Floor, Kolkatta, West Bengal – 700 001.
Hardev Singh, Major, S/o Ujjagar Singh, R/at Ram Basti, St.No.8, Heredi Road, Sangrur District, Sangrur, Punjab – 141 109.
... RESPONDENTS
(By S.Srishaila, Adv. for R1; Notice to R2 – Dispensed with v/c/o dt.8.2.2011)
This MFA filed under order 43 Rule 1 CPC., against the judgment and award dated 31.1.2008 passed in MVC No.1941/2006 on the file of the XVI Addl.Judge, Court of Small Causes & MACT, Bangalore, and etc.
This appeal coming on for admission this day, the court delivered the following:
JUDGMENT
This appeal has been admitted to consider the following question:
Whether the quantum of compensation awarded requires any interference for enhancement having regard to the facts and circumstances of the case?
This appeal is filed by dependants of deceased P.K. Vijayan Pillai seeking enhancement of compensation.
The Motor Accident Claims Tribunal has awarded total compensation of Rs.7,88,000/- on account of death of bread
winner of the family in a motor vehicle accident that occurred on 16.02.2006.
Evidence on record disclosed that deceased was an young man aged about 40 years at the time when he met with the fatal accident. He left behind his wife aged 35 years and a minor son aged 14 years and a minor daughter aged 9 years. Postmortem report - Ex.P.8 and the inquest report - Ex.P.7 disclosed that deceased was aged 40 years. However, on the ground that no public document such as SSLC marks card or transfer certificate of deceased had been produced, the Tribunal has taken age of deceased at 45 years and has applied multiplier of 13 while quantifying loss of dependency. It is in this area main grievance has been made by appellants. Secondly, it is contended by learned counsel for appellants that amount awarded towards loss of consortium to the wife of deceased and towards loss of love and affection to the minor children at the rate of Rs.15,000/- each is on the lower side.
In the light of these contentions and having carefully examined the entire materials on record, I find that the Tribunal having rightly found that documents produced by claimant disclosed that deceased was running a business of
fabrication which was established by producing Ex.P20 series consisting of bill books and invoice books containing transactions pertaining to business of fabrication, has arrived at the monthly income of deceased at Rs.7,000 per month. Though an exaggerated amount was claimed by claimants towards monthly income of deceased, as they did not produce any documents to show that deceased was an income tax assessee, his monthly earnings were taken at Rs.7000/-. However, insofar as the multiplier adopted, the Tribunal erred in holding that deceased was aged 45 years because the documents on record disclosed that he was 40 years old. The multiplier, therefore, required to the adopted is 15 and not 13. In which event, loss of dependency after deducting 1/3rd towards personal expenses would work out to Rs.8,40,000/- (Rs.7000/- x 12 x 15 x 2/3).
Insofar as conventional heads, keeping in mind the fact that deceased has left behind an young widow aged 35 years, amount towards loss of consortium deserves to the enhanced and fixed at Rs.50,000/-. Similarly, towards loss of love and affection for the two minor children, the amount payable is enhanced by another sum of Rs.50,000/-. In all other respects,
judgment and award passed by the Tribunal remains undisturbed.
Thus, the total compensation would work out as under: Loss of dependency 8,40,000.00 Loss of consortium 50,000.00 Loss of love and affection 65,000.00 Funeral and obsequies 10,000.00 Loss of estate 15,000.00 Transportation of dead body 5,000.00 TOTAL 9,85,000.00
Accordingly, the appeal is partly allowed. Compensation amount is enhanced and fixed at Rs.9,85,000/-. The enhanced compensation shall be payable with interest at 6% per annum from the date of petition till realization.
Sd/- JUDGE