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2020 DIGILAW 40 (KAR)

Rathnamma And Others v. Chandraiah And Others

2020-01-06

H.T.NARENDRA PRASAD

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JUDGMENT 1. This appeal is filed by the appellants challenging the judgment and award dated 2.9.2014 passed by the Court of the Addl. Senior Civil Judge, Ramanagara, in MVC 450/2010. 2. Brief facts of the case: On 14.10.2010 at about 7 p.m., when the Mallaiah was standing on the footpath near B.M.Road, in front of Shubhash Hospital Bidadi, the rider of the motorcycle bearing Registration No.KA-42-J-6093 came in a rash and negligent manner and caused accident. As a result, the Mallaiah sustained grievous injuries and was immediately shifted to Shubhash Hospital and from there to NIMHANS and later to Victoria Hospital, where he died in the Hospital on the next day. Hence, three major children of the deceased filed the claim petition before the Tribunal. In order to support their case, claimant No.1, daughter of the deceased has been examined as PW-1 and submitted 5 documents. On the other hand, the Insurance Company examined one witness and produced two documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.80,500/- with interest at 6% p.a. Being aggrieved by the same, the present appeal is filed. 3. The learned counsel for the claimants claim that the deceased was earning Rs.15,000/- per month by doing agriculture, sericulture and dairy farming. But, the learned Tribunal is unjustified in assessing the income of the deceased as merely as Rs.4,500/- per month. Further, the Tribunal has failed to grant any compensation under the head loss of love and affection. In support of his contention, he has relied upon the decision of the Honble Apex Court in the case of Magma General Insurance Co. Ltd. v. Nanu Ram reported in 2018 ACJ 2782 . Therefore, he prays for allowing the appeal. 4. Per contra, the learned counsel for the Insurance Company submits that the deceased was aged about 90 years and the income assessed by the Tribunal at Rs.4,500/- per month is on the higher side. Further, the compensation awarded by the Tribunal is just and reasonable. Therefore, he prays for dismissal of the appeal. 5. Heard the learned counsel for the parties, and perused the records. 6. It is not in dispute that deceased Mallaiah died in the accident occurred on 14.10.2010 due to the rash and negligent driving of the offending vehicle by its driver. 7. The deceased was aged 90 years at the time of accident. 5. Heard the learned counsel for the parties, and perused the records. 6. It is not in dispute that deceased Mallaiah died in the accident occurred on 14.10.2010 due to the rash and negligent driving of the offending vehicle by its driver. 7. The deceased was aged 90 years at the time of accident. Even though the claimants claim that the deceased was earning Rs.15,000/- per month by doing agriculture and sericulture and dairy farming, but they have not established the same by producing any documents. In the absence of the same, the Tribunal is left with no other option, but to asses the income of the deceased notionally. 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, 2010, the income should be taken notionally as Rs.5,500/- per month. Therefore, the learned Tribunal is unjustified in assessing the income of the deceased as merely Rs.4,500/- per month. Therefore, this Court enhances the income of the deceased from Rs.4,500/- to Rs.5,500/- per month. Therefore, the loss of estate works out to Rs.82,500/- (Rs.5,500x12x5x25%) and it is awarded as against Rs.67,500/- awarded by the Tribunal. 8. Due to the death of deceased Mallaiah, the children of the deceased have lost the love, care and protection of their father. In view of the decision of the Honble Supreme Court in the case of Magma General Insurance (supra), the children are entitled for compensation of Rs.40,000/- each under the head loss of love and affection. 9. However, the compensation of Rs.10,000/- awarded by the Tribunal under the head loss of expectation of life and Rs.3,000/- for funeral expenses remains undisturbed. 10. For the reasons stated above, this appeal is partly allowed. The judgment and award of the Tribunal stands modified. The claimants are entitled to receive the following compensation: Compensation under different Heads Amount in (Rs.) Loss of estate 82,500 Funeral expenses 3,000 Loss of expectation of life 10,000 Loss of love and affection (Rs.40,000x3) 1,20,000 Total 2,15,500 11. The Insurance Company is directed to deposit the entire compensation amount with interest @ 6% per annum from the date of filing of the claim petition, till the date of realization, within a period of three months from the date of receipt of the certified copy of this judgment. The Insurance Company is directed to deposit the entire compensation amount with interest @ 6% per annum from the date of filing of the claim petition, till the date of realization, within a period of three months from the date of receipt of the certified copy of this judgment. The amount so deposited shall be released forthwith to the claimants by the Tribunal after due verification.