Kariyappa v. Manager, IFFCO - Tokyo General Ins. Co. Ltd.
2019-06-04
H.T.NARENDRA PRASAD
body2019
DigiLaw.ai
JUDGMENT : H.T. Narendra Prasad, J. This appeal is filed by claimants who are husband and son of the deceased Sannamma. They are challenging the Judgment and Award dated 16.04.2016 passed by XXI Additional Small Causes Judge and MACT (SCCH-23), Bengaluru in MVC No.2410/2015, whereby the Tribunal has granted compensation of Rs.2,71,000/-. 2. On 03.08.2014 at about 9.15 a.m., Smt.Sannamma @ Ningamma was standing on the side of the footpath road in Kanakapura town. At that time, one Maruthi Omni van bearing Registration No.KA-05/MP- 8203 came in high speed in a rash and negligent manner and dashed against Sannamma. As a result, she fell down and sustained head injuries and fracture of left femur. Immediately, she was shifted to Kanakapura Government Hospital wherein first aid was given and referred to NIMHANS hospital. Thereafter, she was referred to Victoria Hospital and was treated there as an inpatient for 34 days. On 02.03.2015, she died during the course of treatment. To establish their case, they have examined two witnesses and got marked 27 documents. On the other hand, Insurance Company has neither examined any witness nor marked any documents. On appreciation of oral and documentary evidence, the Tribunal has granted compensation of Rs.2,71,000/- to the 1st appellant-claimant with 6% interest p.a. Being aggrieved by the same, the claimants have filed this appeal for enhancement of compensation. 3. Learned counsel for the appellants submits that at the time of the accident, deceased was earning Rs.9,000/- p.m. At the time of calculating the income of the deceased, the Tribunal has taken the income of the deceased at Rs.5,000/-, which is on the lower side. Secondly, he has contended that in the category of conventional heads, the Tribunal has awarded less compensation. Hence, he sought for enhancement of compensation. 4. Per contra, learned counsel for the Insurance Company submitted that the accident has taken place on 03.08.2014. The deceased Sannamma died on 02.03.2015 after six months. There is no nexus between the death and the accident and he further contended that death is due to the cardiac arrest. He further contended that even though the claimants have claimed that the deceased was earning Rs.9,000/- per month, but they have not produced any documents to establish their claim. Hence, he sought for dismissal of the appeal. 5. Heard the learned counsels for the parties. Perused the records. 6. The accident is not in dispute.
He further contended that even though the claimants have claimed that the deceased was earning Rs.9,000/- per month, but they have not produced any documents to establish their claim. Hence, he sought for dismissal of the appeal. 5. Heard the learned counsels for the parties. Perused the records. 6. The accident is not in dispute. The Tribunal has considered the material available on record and evidence of the parties and held that even though in the postmortem report it is stated that death is due to the cardiac arrest, the deceased was not leading an active life as a result of the accident, which might have caused cardiac arrest. The respondents have failed to prove that death was due to cardiac arrest and not as a result of the accident that occurred on 03.08.2014 and due to the rash and negligent driving of the Maruthi Omni car bearing No.KA-05/MP-8203. This finding of the Tribunal is based on material available on records. Hence, Tribunal is justified in giving finding that there is nexus between the death and accident. 7. Even though the claimants had claimed that at the time of the accident, deceased was earning Rs.9,000/- p.m., but they have not produced any document to establish the same. Under such circumstances, the Tribunal left with no other option, has assessed the notional income of the deceased and taken the income of the deceased at Rs.5,000/- per month, which is on the lower side. In catena of cases, this Court has relied upon the Chart prepared by this Court for the purpose of deciding the matters at Lok Adalath. According to the Chart, for an accident of the year, 2014, the income should be taken notionally as Rs.8,500/- per month. Therefore, the learned Tribunal is unjustified in assessing the income of the deceased as merely Rs.5,000/- per month. Therefore, this Court enhances the income of the deceased from Rs.5,000/- to Rs.8,500/- per month. Multiplier of 7' is applicable to the age group of the deceased. 50% of the income is deducted towards personal expenses of the deceased. Therefore, "loss of dependency" is recalculated as Rs.4,250/- x 7 x 12 = 3,57,000/-. 8. So far as Medical expenses are concerned, medical bills are produced and a sum of Rs.1,000/- has been awarded, which is just and reasonable. 9.
50% of the income is deducted towards personal expenses of the deceased. Therefore, "loss of dependency" is recalculated as Rs.4,250/- x 7 x 12 = 3,57,000/-. 8. So far as Medical expenses are concerned, medical bills are produced and a sum of Rs.1,000/- has been awarded, which is just and reasonable. 9. In view of the law laid down by Hon'ble Supreme Court in the case of National Insurance Company Limited V. Pranay Sethi and Others, (2017) AIR SC 5157, Apex Court has held that under conventional heads, viz., loss of estate, funeral expenses as well as consortium, Rs.15,000/-, Rs.40,000/- and Rs.15,000/- has to be awarded. Accordingly, the compensation of Rs.40,000/- is awarded for loss of consortium, Rs.15,000/- is awarded towards of loss of estate and Rs.15,000/- is awarded for funeral expenses. 10. Accordingly, the appeal filed by the appellants is allowed-in-part. The Judgment and Award dated 16.04.2016 passed by the XXI Additional Small Causes Judge and MACT (SCCH-23), Bengaluru in MVC No.2410/2015 is modified as follows: Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) Loss of dependency 2,10,000/- 3,57,000/- Medical Bills 1,000/- 1,000/- Loss of consortium To 1st petitioner 50,000/- 40,000/- Transportation of dead Body & funeral expenses 10,000/- 15,000/- Loss of Estate 15,000/- Total 2,71,000/- 4,28,000/- 11. The Insurance Company is directed to deposit the enhanced compensation amount along with interest at the rate of 6% p.a., from the date of petition till realization within four weeks from today. The apportionment shall be made in terms of the award of the Tribunal.