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2020 DIGILAW 1634 (KAR)

Usha J v. Zahir Hussain M

2020-09-01

P.S.DINESH KUMAR, S.VISHWAJITH SHETTY

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JUDGMENT S Vishwajith Shetty, J. - Claimants before M.A.C.T. have filed this appeal seeking enhancement of compensation awarded by the Court of II Additional Senior Civil Judge and A.M.A.C.T., Ranebennur in M.V.C.No.1408 of 2016 vide its Judgment and Award dated 26.12.2017. 2. We have heard the learned counsel for the appellants and the learned counsel for the respondent No.2-Insurer. 3. The brief facts of the case are that on 16.05.2016 at about 4.40 p.m. one Siddappa along with his children was returning to his village in an ambulance bearing registration No.KA-33/4738 after taking treatment in Metro Hospital, Shivamogga. The deceased-Dinesh was the driver of the said ambulance. When the ambulance reached near T. Gopagondanahalli bus stand a lorry bearing registration No.TN-40/D-9979 which was driven in a rash and negligent manner dashed against the ambulance and as a result, Siddappa and Dinesh died at the spot and other persons sustained grievous injuries. They were shifted to the Metro Hospital, Shivamogga. Wife and minor son of deceased- Dinesh filed the claim petition before the Tribunal claiming compensation of Rs.25,00,000/- with interest at the rate of 12% per annum. The Tribunal has awarded total compensation of Rs.16,26,000/- with interest at the rate of 7% per annum from the date of petition till realization. Hence this appeal. 4. The learned counsel for the claimants submits that the deceased-Dinesh was aged about 40 years at the time of accident. Therefore, Tribunal ought to have included additional income of 40% towards future prospects. He also stated that since the deceased was a driver by profession, the Tribunal ought to have considered his earning at Rs.20,000/- per month. The valid driving licence of the deceased is produced at Ex.P.47 and therefore, he prays for enhancement of the compensation amount. 5. On the other hand, the learned counsel for the respondent No.2-Insurer has arguing in support of the impugned Judgment and prays for dismissal of the appeal. 6. Deceased-Dinesh was aged about 40 years as per his driving licence Ex.P.47. In the absence of any material evidence in support of income this Court has been consistently taking the notional income at Rs.8,750/- per month for the year 2016. 6. Deceased-Dinesh was aged about 40 years as per his driving licence Ex.P.47. In the absence of any material evidence in support of income this Court has been consistently taking the notional income at Rs.8,750/- per month for the year 2016. Having regard to the fact that deceased is admittedly a driver by profession and he had valid driving licence at the time of accident, we are of the view that notional income of the deceased assessed at Rs.10,000/- per month by Tribunal is reasonable. Further, 40% of the income is required to be added towards future prospects of the deceased and 1/3rd of his total income is required to be deducted towards his personal expenses. The applicable multiplier is 15. Therefore, the claimants are entitled for compensation of Rs.16,79,940/- (Rs.10,000/- + 40% (future prospects Rs.4,000/-) minus 1/3rd (expenses Rs.4,667/-) x 15 x 12 =16,79,940/-) under the head loss of dependency. The claimant No.1 being wife is entitled for a sum of Rs.40,000/- towards loss of consortium and Rs.30,000/- towards other conventional heads. The claimant No.2 is entitled for a sum of Rs.40,000/- towards loss of love and affection. Therefore, the claimants are entitled for compensation as follows: Sl. No. Heads Amount 1 For loss of dependency. Rs.16,79,940/- 2 Under the heads consortium and funeral expenses to claimant No.1 (Rs.40,000/- + 30,000/-). Rs.70,000/- 3 Under the head of loss of love and affection to claimant No.2. Rs.40,000/- Total Rs.17,89,940/- Less : compensation awarded by the Tribunal Rs.16,26,000/- Net enhancement Rs.1,63,940/- 7. Hence, the following: ORDER (i) The appeal is allowed in part. (ii) The claimants are entitled for enhanced compensation amount of Rs.1,63,940/- which shall carry interest at the rate of 7% p.a. from the date of petition till realization; (iii) The insurer shall deposit the compensation amount with interest within a period of 02 months from the date of receipt of a copy of this order. (iv) The terms of apportionment, disbursement and deposit shall be as per the orders of the Tribunal.