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2017 DIGILAW 198 (KAR)

Mary Rusy @ Mary Lusia v. Lokes Naik

2017-02-01

B.SREENIVASE GOWDA, S.ABDUL NAZEER

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JUDGMENT : These two appeals are directed against the judgment and award in MVC No.85/2012 dated 05.07.2014 on the file of the Principal Senior Civil Judge & CJM, Ramanagara, (for short ‘Tribunal’), whereby the Tribunal has awarded a total compensation of Rs. 9,20,000/- with interest at 6% p.a. from the date of petition till the date of deposit. 2. The claimants have filed MFA No.7578/2014 seeking enhancement of compensation whereas, the insurer has filed MFA No.5950/2014 by contending that the compensation awarded by the Tribunal is excessive. 3. Sri. S. Raju, learned Counsel for the claimants argues that the deceased was working as a painter and his daily income was Rs. 500/-. In addition to that he was getting allowance of Rs.50/- per day. The Tribunal has notionally fixed his income at Rs.7,500/- p.m., which is on the lower side. It is further argued that award of compensation towards loss of consortium and towards loss of love and affection is also on the lower side. 4. On the other hand, Sri. A.N. Krishnaswamy, learned Counsel appearing for the insurer submits that the compensation awarded by the Tribunal is excessive. It is further argued that as per Ex.P.9, the deceased was aged more than 45 years. However, the Tribunal has taken his age as 45 years on the basis of the postmortem report. It is further submitted that fixation of daily income of the deceased at Rs.7,500/- p.m. is on the higher side. 5. There is no dispute as to the occurrence of the accident and liability of the insurer to pay the compensation. 6. Having regard to the contentions urged, the only question for consideration is, whether the compensation awarded by the Tribunal is just and proper? 7. The postmortem report at Ex.P.3 clearly shows that the deceased was aged about 45 years at the time of the accident. It is also evident that his wife is aged 40 years and their children/claimant Nos.2 and 3 are 6 and 4 years. Taking into consideration the materials on record, the Court below has rightly held that the deceased was aged 45 years at the time of the accident. 8. Though the claimants contend that the deceased was earning more than Rs.500/- per day, no materials have been produced in support of their contention. The accident had taken place on 29.1.2012. Taking into consideration the materials on record, the Court below has rightly held that the deceased was aged 45 years at the time of the accident. 8. Though the claimants contend that the deceased was earning more than Rs.500/- per day, no materials have been produced in support of their contention. The accident had taken place on 29.1.2012. In our view, it is just and proper to notionally fix his income at Rs.8,000/- p.m. The multiplier applicable to the case is 14. 1/3rd of the income has to be deducted towards personal expenses of the deceased. By taking the income of the deceased at Rs.8,000/- p.m. with the application of multiplier 14 and after deducting 1/3rd of the income towards his personal expenses, the compensation payable towards loss of dependency comes to Rs.8,96,000/-. 9. We are also of the view that it is just and proper to award Rs.1,00,000/- towards loss of consortium and a sum of Rs.1,00,000/- towards loss of love and affection. A sum of Rs.25,000/- is added towards funeral and other expenses. Thus, the compensation payable to the claimants is reassessed as under:- Sl. No. Particulars Amount 1. Towards loss of dependency Rs.8,96,000/- 2. Towards loss of consortium Rs.1,00,000/- 3. Towards loss of love and affection Rs.1,00,000/- 4. Towards funeral and other expenses Rs.25,000/- Total Rs.11,21,000/- 10. The Tribunal has awarded a sum of Rs.9,20,000/-, which has to be deducted from the aforesaid amount and the balance of compensation payable to the claimants comes to Rs.2,01,000/-. The claimants are also entitled for interest at the rate of 6% p.a. from the date of petition till the date of deposit. 11. In the result, appeal filed by the claimants in MFA No.7578/2014 succeeds and it is allowed in part. The insurer is directed to deposit a sum of Rs.2,01,000/- with interest at 6% p.a. from the date of petition till the date of deposit in addition to what has been awarded by the Tribunal within a period of four weeks from today. Claimant No.1 is permitted to withdraw the amount on such deposit. 12. Appeal filed by the insurer in MFA No.5950/2014 is dismissed. The amount in deposit in this case shall be transferred to the Tribunal forthwith. No costs.