Research › Search › Judgment

Karnataka High Court · body

2013 DIGILAW 596 (KAR)

HANNI KALLISHANATH v. MADHUKAR

2013-05-28

B.MANOHAR, N.K.PATIL

body2013
JUDGMENT N.K. PATIL, J.-Though the matters are posted for orders, with the consent of learned counsel appearing for the parties, the same are taken up for final disposal. 2. These two appeals are respectively filed by the parents and wife and children and parents of the deceased being aggrieved by the impugned judgment and award dated 29.03.2010 passed in M.V.C. No. 404/2005 on the file of the Prl. Senior Civil Judge and Member, MACT, Hubli. The Tribunal by its impugned judgment and award has awarded a sum of Rs. 3,66,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation on account of the death of the deceased Sri. H. Veerendranath in a road traffic accident. Being dissatisfied with the quantum of compensation, the parents of the deceased have presented M.F.A. No. 20414/2011 and the wife and children have presented M.F.A. No. 20927/2011. 3. The brief facts of the case in hand are that on 06.01.2005 at about 14.15 hours on P.B. Road near Lingaraj Nagar, Unkal, Hubli, when the deceased was going to Dharwad on his motor cycle on the left side of the road, a Truck bearing No. MH-12/F-5198 driven by its driver in a rash and negligent manner dashed against the deceased and due to the impact, the deceased sustained grievous injuries and died on the spot. It is the case of the appellants that the deceased was hale and healthy and he was an Engineer by profession and expert in refrigeration service and also owner of home appliances shop at Hubli and he was earning Rs. 20,000/- per month and that the deceased used to spend entire amount for the welfare of the parents, wife and the minor children. On account of the untimely death of the deceased, the financial and social condition of the family is affected and therefore the parents were constrained to file a claim petition in M.V.C. No. 404/2005 before the Prl. Senior Civil Judge and Member, MACT, Hubli, against the owner and insurer and the impleading wife and children of the deceased as respondents 3 to 5. The said claim petition had come up for consideration before the Tribunal on 29.03.2010 and the Tribunal in turn by assessing the income of the deceased at the rate of Rs. Senior Civil Judge and Member, MACT, Hubli, against the owner and insurer and the impleading wife and children of the deceased as respondents 3 to 5. The said claim petition had come up for consideration before the Tribunal on 29.03.2010 and the Tribunal in turn by assessing the income of the deceased at the rate of Rs. 3,000/- per month and deducting 1/3rd towards personal expenses of the deceased and applying the multiplier of 14 has awarded a sum of Rs. 3,36,000/- towards loss of dependency, a sum of Rs. 10,000/- towards loss of consortium, Rs. 10,000/- towards funeral and obsequies and Rs. 10,000/- towards loss of estate. In all a sum of Rs. 3,66,000/- is awarded with interest at the rate of 6% p.a. from the date of claim petition till the date of realisation. Out of the amount awarded, the share of the parents was 20% and the share of the wife and children was 80%. Being dissatisfied with the quantum of compensation, the parents and wife and children have presented their individual appeals these appeals seeking enhancement of compensation and also challenging the apportionment ordered by Tribunal. 4. The submission of the learned counsel for the claimants/appellants is that the Tribunal erred in not assessing the just and reasonable income of the deceased, as the deceased was the only earning member in the family and was maintaining the entire family consisting of wife, children and the parents and that the income taken by the Tribunal at Rs. 3,000/- is on the lower side. He submits that the Tribunal ought to have taken the appropriate multiplier of 15 following the judgment in the case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 ACJ 1298 . Therefore, he submits that the impugned judgment and award is liable to be modified. 5. As against this, learned counsel appearing for the 2nd respondent inter alia substantiated that the judgment and award is passed after due appreciation of the oral and documentary evidence available on record and it does not call for interference. He submits that the accident has occurred in the year 2005 and the Tribunal has rightly taken the income of the deceased at Rs. 3,000/- p.m. as no documents are produced by the appellants to show that the deceased was earning more than Rs. 3,000/- p.m. 6. He submits that the accident has occurred in the year 2005 and the Tribunal has rightly taken the income of the deceased at Rs. 3,000/- p.m. as no documents are produced by the appellants to show that the deceased was earning more than Rs. 3,000/- p.m. 6. After considering the submissions of the learned counsel appearing for both the parties and after perusal of the judgment and award passed by the Tribunal, the only point that arise for our consideration is: "Whether the quantum of compensation awarded by the Tribunal is just and reasonable?" 7. The occurrence of the accident and the resultant death of the deceased are not in dispute. It is also not in dispute that the deceased was aged about 38 years at the time of the accident and he was hale and healthy and he was an Engineer by profession and expert in refrigeration services and owner of home appliances shop. The Tribunal has erred in assessing the income of the deceased at only Rs. 3,000/- per month. The accident has taken place on 06.01.2005. The appellants have not produced any credible document to establish that the deceased was earning Rs. 20,000/- month. To meet the ends of justice, we can safely take the income of the deceased at the rate of Rs. 4,500/- p.m.. Out of it, if 1/4th is deducted towards his personal expenses as the dependents are five in number, the net income comes to Rs. 3,375/- per month. The deceased was aged about 38 years and the correct multiplier applicable is 15. Accordingly, we re-determine the loss of dependency at Rs. 6,07,500/- (Rs. 3,375 × 12 × 15). 8. Having regard to the facts and circumstances of the case, we deem fit to award a sum of Rs. 45,000/- towards conventional heads i.e., loss of consortium, loss of estate, loss of love and affection and transportation of the dead body and funeral expenses. In all, the total compensation to which the appellants in both the appeals are entitled comes to Rs. 6,52,500/- as against Rs. 3,66,000/- awarded by the Tribunal. There will be enhancement of Rs. 2,86,500/- with interest at the rate of 6% p.a. from the date of claim petition till the date of realisation. 9. In all, the total compensation to which the appellants in both the appeals are entitled comes to Rs. 6,52,500/- as against Rs. 3,66,000/- awarded by the Tribunal. There will be enhancement of Rs. 2,86,500/- with interest at the rate of 6% p.a. from the date of claim petition till the date of realisation. 9. For the foregoing reasons, the appeals filed by the appellants are allowed in part and the judgment and award dated 29.03.2010 passed by the Tribunal in M.V.C. No. 404/2005 is hereby modified awarding additional compensation of a sum of Rs. 2,86,500/- with interest at the rate of 6% p.a. from the date of claim petition till the date of realization. The 2nd respondent-Insurance Company is directed to deposit the enhanced compensation with interest within a period of three weeks from the date of receipt of copy of the judgment. Out of the enhanced compensation, a sum of Rs. 50,000/- with proportionate interest shall be deposited in the name of wife of the deceased-Smt.Vinutha/1st appellant in M.F.A. No. 20927/2011 in any nationalized bank for a period of 10 years renewable for another 10 years and she is permitted to withdraw the interest periodically accrued on the said deposit. Further, a sum of Rs. 50,000/- each with proportionate interest shall be deposited in the names of children of the deceased namely Miss. Megha and Mr. Vishal/appellants 2 and 3 in M.F.A. No. 20927/2011 in any nationalized bank till they attain the age of 30 years and the 1st appellant is permitted to withdraw the interest accrued on the said deposits till they attain the age of 21 years and thereafter from 22 to 3o years they are entitled to withdraw the interest. A sum of Rs. 50,000/- with proportionate interest shall be released in favour of the 1st appellant in M.F.A. No. 20927/2011. Remaining sum of Rs. 86,500/- with proportionate interest shall be released in favour of parents of the deceased namely Sri. Hanni Kallishanath and Smt. Niramalanath/appellants in M.F.A. No. 20414/2011 in equal proportion immediately. The claimants in M.F.A. No. 20927/2011 shall not be entitled for interest for a period of 221 days being the delay in filing the appeal. Office to draw the award accordingly.