Loading judgment…
No AI summary yet for this case.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21st DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE B. SREENIVASE GOWDA
M.F.A.No.2170 OF 2013 (MV)
BETWEEN:
SMT. SHARADAMMA W/O LATE H.L. KODANDARAMAIAH AGED ABOUT 56 YEARS RESIDING AT HINDISKERE VILLAGE, TIPTUR TALUK – 572 201 …APPELLANT
(BY SRI. K. SHANTHARAJ, ADV.)
AND:
SHIVANAGESHWARA RAO
VELUTULA
SON OF RAMULU
AGED ABOUT 37 YEARS
RESIDENT OF NO.1052
JANNALAGADDA, GUNTUR
ANDHRA PRADESH – 522 001
G. VEERA RAGHAVAIAH
S/O SUBBAIAH
AGED ABOUT 48 YEARS
RESIDENT OF DOOR NO.
26-31-07, OLD GUNTUR
ANDHRA PRADESH – 522 001
UNITED INDIA INSURANCE
COMPANY LIMITED
REPRESENTED BY ITS MANAGER
BRANCH OFFICE AT 1, P.B.
NO.48, 15/27, SUBEDARPET ROAD
NELLORE – 524 001
…RESPONDENTS
(BY SRI. SHANKARA REDDY, ADV. FOR R3; NOTICE TO R1 AND R2 DISPENSED WITH)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.01.2013 PASSED IN MVC NO.747/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, XIV MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
With the consent of the learned counsel appearing for the parties, the appeal is heard and disposed of finally. Perused the judgment and award passed by the Tribunal including the records.
As there is no dispute regarding death of one H.L.Kodandaramaiah in a road traffic accident occurred on 27.03.2007 due to rash and negligent driving of a lorry bearing registration No. AP 31-U- 3247 by its driver and liability of the insurer of the
lorry, only point that arises for consideration in this appeal is; “Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
Learned counsel appearing for the appellant submits that deceased husband of the appellant was in the age group of 61 to 65 years. Multiplier applicable to the said age group is 7. The claimant in support of her contention that her husband by running a handloom under the name and style M/s.Pundarikakshaw Silk and Cotton Power Loom was earning Rs.50,000/- per month has examined herself as PW1 and has produced certificates issued by the Industries and Commerce, Tiptur Sub-division. She has stated in her evidence that M/s. Pundarikakshaw Silk and Cotton Power Loom is the proprietary concern and her husband H.L.Kodandaramaiah was its proprietor. Ex.P8 would
show that deceased got his name registered with Commercial Tax on 26.8.1994. Ex.P9 would show that the deceased got his name registered as a dealer under Section 22 of the Karnataka Value Added Tax. These documents would only show that the deceased was running M/s. Pundarikakshaw Silk and Cotton Power Loom and they would not show how much income deceased was earning from his said business. Documents like Income Tax returns or statement of bank account were not produced to show the income deceased. Therefore, considering deceased was in the age group of 61 to 65, year of accident as 2007 and avocation as business his income could be easily assessed at Rs.6,000/- as against Rs.4,000/- per month assessed by the Tribunal. The Tribunal has rightly deduced 1/3rd of his income towards personal expenses and taken 2/3rd as contribution towards his family. So loss of dependency works out to Rs.3,36,000/- (6000x12x7x2/3) and it is awarded as against a sum of Rs.2,23,944/- awarded by the Tribunal. A sum of Rs.40,000/- is awarded under
the heading loss of consortium, a sum of Rs.15,000/- is awarded towards transportation of dead body, funeral expenses etc. and Rs.15,000/- is awarded towards loss of estate.
Thus, the claimant is entitled for the following compensation:- HEADS AMOUNT Loss of dependency 3,36,000 Loss of consortium 40,000 Loss of estate 15,000 Transportation of dead body, funeral expenses etc. 15,000 TOTAL 4,06,000 LESS: Compensation awarded by the Tribunal 2,48,944 BALANCE 1,57,056
Accordingly, the appeal is allowed-in-part. The judgment and award dated 08.01.2013 in MVC No.747/2007 passed by the Senior Civil Judge & XIV MACT, Tiptur, stands modified. The claimant is entitled for an additional compensation of
Rs.1,57,056/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. Out of the additional compensation, 50% of the amount with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of two years with a right of option to withdraw interest periodically. Remaining 50% amount with proportionate interest is ordered to be released in favour of the claimant immediately after the deposit.
The Tribunal while releasing remaining 50% of the amount is also directed to issue the fixed deposit slips, so as to enable the claimant to withdraw the deposit amount on its maturity without
approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal. No order as to costs.
SD/-
JUDGE
KLY/