- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE S.N.SATYANARAYANA. M.F.A.No.1156 /2011 (MV)

Transcription

1 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15 TH DAY OF JUNE 2015 BEFORE THE HON BLE MR.JUSTICE S.N.SATYANARAYANA BETWEEN: AND: M.F.A.No.1156 /2011 (MV) 1. SMT.ELCY D SOUZA W/O LATE FRANCIS D SOUZA AGED ABOUT 34 YEARS 2. EALON D SOUZA S/O LAT FRANCIS D SOUZA AGED ABOUT 9 YEARS MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SMT.ELCY D SOUZA, W/O LATE FRANCIS D SOUZA 3. SMT.ALICE D SOUZA W/O LATE MARIYAN D SOUZA AGED ABOUT 74 YEARS, ALL ARE RESIDING AT MOTHER MARRY HOUSE, KAIKUNZA, MOODA GRAMA, BANTWALA TALUK, MANGALURU D.K. APPELLANTS (BY SRI KRISHNA MOORTHY D.A., ADVOCATE) 1. SMT.AMMANNI

2 - 2 - W/O TULASIDHARAN ADULT, R/A MEENAKALIYA, BYKAMPADY, MANGALURU. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, BEAUTY PLAZA, BALAMATA, MANGALURU, REP. BY ITS MANAGER. 3. VINCENT D SOUZA S/O LATE REIMAND D SOUZA ADULT, BADDOOR HOUSE, KULOOR POST, BANGRA KULOOR VILLAGE, MANGALURU. 4. ROYALS SUNDARAM ALLIANZ CO. LTD., BRANCH OFFICE, MANGALURU, REP. BY ITS MANAGER. RESPONDENTS. (BY SRI K. SURYANARAYANA RAO, ADVOCATE FOR R4 NOTICE TO R1 & R3 IS DISPENSED WITH VIDE ORDER DATED SRI B.C.SEETHARAMA RAO, ADVOCATE FOR R2) *-*-*-*-*-*-*-* THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED PASSED IN MVC.No.1401/2007 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

3 - 3 - THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: J U D G M E N T The claimants in MVC No.1401/2007 on the file of the M.A.C.T., Mangaluru, Dakshina Kannada, have come up in this appeal seeking enhancement of compensation awarded by the Tribunal towards the death of Francis D Souza. 2. The accident resulting in the death of Francis D Souza is said to have taken place on The said accident resulting in the death of Francis D souza is not in dispute. It is also not in dispute that the claimants are his widow, minor son and aged mother and that the said Francis D Souza was a driver and as on the date of the accident, he was aged about 41 years. 3. In the petition filed by the claimants, the Tribunal taking the income of the deceased Francis D Souza notionally at Rs.4,000/- per month has awarded compensation to them in a sum of Rs.5,02,000/- payable with interest at 6% per

4 - 4 - annum from the date of the petition till the date of deposit of the entire amount. Being aggrieved by the quantum of compensation, claimants have come up in this appeal. 4. When this appeal has come up for admission in the presence of learned counsel for appellants and learned counsel appearing for the contesting respondents, namely, the Oriental Insurance Company and Royal Sundaram Allianz Company Limited, learned counsel appearing for both the parties furnished particulars with reference to the accident as well as the insurance policy, which are required for considering enhancement in this matter. On going through the same, it is seen that for a driver, who has succumbed to the injury in an accident that occurred on , taking his notional income at Rs.4,000/- per month is on the lower side and the same is required to be taken at Rs.6,000/- per month. Considering the fact that the deceased was aged about 41 years as on the date of the accident, another 30% was required to be taken towards future prospects. With this, the salary of the deceased would come notionally at Rs.7,800/-. Out of that, 1/3 rd is deducted towards personal expenses of

5 - 5 - the deceased and 2/3 rd is taken as his contribution to the family, which comes to about Rs.62,400/- (Rs.5,200/- x 12) per annum. In view of the fact that the deceased was aged 41 years as on the date of the accident, the appropriate multiplier, which is required to be applied to the case on hand is 14. Accordingly, the claimants would be entitled to compensation under the head loss of dependency at Rs.8,73,600/-. 5. The claimants are also entitled to compensation of Rs.1,25,000/- under the conventional heads i.e., for loss of love and affection to the child and mother of the deceased and loss of consortium to the wife, loss of estate to the family, funeral and obsequies as well as miscellaneous expenses required to be met at the time of death. With this, the claimants would be entitled to Rs.9,98,600/- as against Rs.5,02,000/- awarded by the Tribunal. Accordingly, this appeal is allowed in part. The claimants are entitled to enhanced compensation in a sum of Rs.4,96,600/- with interest at 6% per annum from the date of

6 - 6 - the petition till the date of payment. Out of the enhanced compensation along with interest, claimant No.1 wife of the deceased Francis D Souza is entitled to 30%; claimant No.2 - minor son is entitled to 50% and claimant No.3 mother of the deceased is entitled to 20%. The portion of compensation along with interest, which is awarded to the minor child, shall be kept in his name in a fixed deposit in a nationalized bank for a period of 12 years with right to receive interest periodically. The balance 50% shall be released in favour of claimant Nos.1 and 3 in the aforesaid ratio. Apportionment of the liability is on both the Insurance Companies respondent Nos.2 and 4 herein and the same shall be in the same ratio as it was fixed by the Tribunal. SD/- JUDGE sma