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2014 DIGILAW 797 (KAR)

Hombamma v. S. Krishna

2014-09-09

K.BHAKTHAVATSALA

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JUDGMENT : K. Bhakthavatsala, J. 1. Appellants/petitioners are before this court seeking enhancement of compensation by modifying the impugned judgment and award made in M.V.C. No. 5 of 2011, on the file of the Principal Civil Judge (Sr. Dn) and M.A.C.T., Mandya. Claimants are mother, an elder sister and two younger sisters of Basavegowda, son of late Chowdegowda, who died in the motor accident that occurred on 6.5.2010, at about 7.30 a.m., due to rash and negligent driving of the motor cycle bearing registration No. KA 11-K 9670 by its rider. They filed a claim petition against the owner and insurer of the motor cycle claiming compensation of Rs. 20,00,000. 2. Learned counsel for the appellants submits that claimants have spent a sum of Rs. 1,00,000 towards medical expenses of Basavegowda, who sustained injuries and died in the motor accident. He further submits that the deceased was earning Rs. 6,000 per month, but the Tribunal has not awarded adequate compensation and prays for enhancement of compensation. 3. Learned counsel for the respondent No. 2, insurance company, submits that the Claims Tribunal has awarded adequate compensation and there is no good ground for enhancement of compensation. 4. In support of the case of the claimants, widowed mother of the deceased has got herself examined as PW 1 besides examining PW 2 to PW 4 and got marked Exh. P1 to Exh. P16. Insurance policy is marked as Exh. R1. The Tribunal has fixed income of the deceased at Rs. 4,500 per month and deducted 50 per cent of income towards personal expenses of the deceased and by applying multiplier 16', computed the loss of dependency. The Tribunal has awarded the compensation in favour of the claimants as under:- Heads In Rupees 1. Loss of dependency (2250 X 12 X 16) 4,32,000 2. Transportation of dead body, conveyance & funeral expenses 10,000 3. Loss of love & affection 20,000 4. Mental Shock & agony 20,000 5. Medical expenses 25,000 6. Attendant charges, conveyance food & diet 15,000 Total 5,22,000 5. As per Exh. P7, discharge summary, the injured Basavegowda was admitted to Cauvery Hospital at Mysore on 6.5.2010 and treated as inpatient till 13.5.2010. He was treated for fracture of D10 vertebra with paraplegia with contusion of cord C4 - C5 with upper limb weakness bilateral with aspiration pneumonia. As per Exh. As per Exh. P7, discharge summary, the injured Basavegowda was admitted to Cauvery Hospital at Mysore on 6.5.2010 and treated as inpatient till 13.5.2010. He was treated for fracture of D10 vertebra with paraplegia with contusion of cord C4 - C5 with upper limb weakness bilateral with aspiration pneumonia. As per Exh. P8, the claimants have produced medical bills all amounting to Rs. 44,637.73. As per Exh. P12, medical report pertaining to the deceased Basavegowda as maintained in the District Hospital at Mandya, the injured was admitted to the hospital on 13.5.2010 and died on 29.5.2010, at about 3.55 p.m. As per Exh. P4, post-mortem was conducted on 29.5.2010, the cause of death was due to respiratory failure as a result of spinal cord injuries. The Tribunal has held that the injured died as a result of the injuries sustained by him in the motor accident. Though the claimants have stated that the deceased was earning Rs. 6,000 per month, the Tribunal fixed income of the deceased at Rs. 4,500 per month. 6. It is pertinent to mention that claimant No. 1 is the widowed mother, whereas the claimant Nos. 2 and 3 are the younger sisters and the claimant No. 4 is the elder sister of the deceased. Keeping in view that the accident occurred in the year 2010 and the deceased was working as an agriculturist, the Tribunal should have fixed income at Rs. 6,000 per month as pleaded in the claim petition. Since the claimants are widowed mother, two dependent unmarried sisters and among them claimant No. 3, Jyothi who appears to be physically handicapped, it is a fit case to deduct 1/3rd of income towards personal expenses of the deceased. Taking into consideration that the claimants are residents of a village called Kothathi, Mandya Taluk, Mandya District, the injured was treated in Cauvery Hospital at Mysore from 6.5.2010 to 13.5.2010, thereafter the injured was treated in District Hospital at Mandya, where he died on 29.5.2010, the claimants are entitled for reasonable compensation under relevant heads. 7. The claimants have produced medical bills amounting to Rs. 44,637.73. They have also produced prescriptions along with medical bills. There is no good ground to reject the medical bills produced by the claimants. In my view, the claimants are entitled for compensation as under:- Heads In Rupees 1. Loss of dependency (4000 x 12 x 16) 7,68,000 2. 7. The claimants have produced medical bills amounting to Rs. 44,637.73. They have also produced prescriptions along with medical bills. There is no good ground to reject the medical bills produced by the claimants. In my view, the claimants are entitled for compensation as under:- Heads In Rupees 1. Loss of dependency (4000 x 12 x 16) 7,68,000 2. Transportation of dead body, conveyance & funeral expenses 10,000 3. Loss of love & affection 10,000 4. Loss of expectation of life 10,000 5. Medical expenses 44,637 6. Attendant charges, conveyance & special diet 10,000 Total 8,52,637 8. In the result, I pass the following order:- Appeal is partly allowed holding that the appellants are entitled for compensation of Rs. 8,52,637 as against a sum of Rs. 5,22,000 awarded by Claims Tribunal along with costs and interest at the rate of 6 per cent per annum from the date of petition till realization. The Tribunal is at liberty to appropriate the additional compensation among the claimant Nos. 1 to 3 only and pass orders with regard to fixed deposit. Respondent No. 2, insurance company, is directed to deposit the balance compensation amount along with costs and interest with the Tribunal, within two months from today.