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Karnataka High Court · body

2020 DIGILAW 110 (KAR)

Shivaji And Others v. Divisional Controller

2020-01-13

K.N.PHANEENDRA, PRADEEP SINGH YERUR

body2020
JUDGMENT 1. Heard the learned counsel for the appellants and the counsel for respondent and perused the records. 2. The Tribunal after examining the entire materials on record, awarded a total compensation of Rs.13,59,000/- due to the death of son of petitioner Nos.1 and 2 and brother of petitioner No.3, respectively, in a motor vehicle accident dated 18.03.2015 at 6.50 a.m., holding that the driver of MSRTC bus bearing registration No.MH-12/C-8700 along with interest @ 9% per annum from the date of petition till the date of realization. 3. The Insurance Company satisfied with the award passed by the Tribunal and has not preferred any appeal as such, as per the submission made by the learned counsel for the respondent. 4. The only question raised before this Court is that, the Tribunal has not taken the annual income of the deceased in proper manner. It has taken an amount of Rs.7,000/- per month as a standard income of the deceased instead of taking the amount of Rs.8,000/- per month as this Court as well as Lok-Adalat in Karnataka State have been taking standard income if no specific proof is given with regard to the income of the deceased in respect of accidents occurred during the year 2015. The learned counsel has also contended the compensation awarded towards other heads are also very less. However, as could be seen from the calculation made by the Tribunal, it has awarded an amount of Rs.1,00,000/- to the parents towards loss of estate, Rs.25,000/- towards funeral expenses and Rs.1,00,000/- towards filial love and affection to the parents. 5. We do not find any strong reasons to interfere with the said award passed by the Tribunal so far as other heads are concerned except evaluation made with reference to the loss of dependency is concerned. As rightly contended by the learned counsel for petitioners, the Lok- Adalath of Karnataka State as well as this Court have been consistently taking the amount of Rs.8,000/- per month as a standard income, if no sufficient materials are placed to show the actual income of the deceased. Therefore, calculating the income of the deceased at Rs.8,000/- per month, the annual income would be Rs.96,000/- and considering the age of the deceased, who died at the age of 16 years, when multipl ier 18 is appl ied, the total compensation towards dependency works out to Rs.12,96,000/- as against Rs.11,34,000/-. Therefore, calculating the income of the deceased at Rs.8,000/- per month, the annual income would be Rs.96,000/- and considering the age of the deceased, who died at the age of 16 years, when multipl ier 18 is appl ied, the total compensation towards dependency works out to Rs.12,96,000/- as against Rs.11,34,000/-. Therefore, we only modify the award passed by the Tribunal to that extent. 6. After calculating the loss of dependency clubbed with other heads as awarded by the Tribunal, in total, the claimants are entitled to an amount of Rs.15,21,000/- as against Rs.13,59,000/- awarded by the Tribunal, along with interest @ 9% per annum as awarded by the Tribunal. 7. The apportionment of the compensation and deposit of the same as ordered by the Tribunal is not disturbed.