Appeal against Motor Accidents Claims Tribunal award seeking enhancement of compensation after a road traffic accident. Court recalculated compensation including medical expenses, future prospects, conventional heads, and fixed interest at 6% per annum.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
MFA.NO.2441 OF 2018 (MV-D)
BETWEEN:
APPELLANTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN-FATHER APPELLANT NO.1
PREMANENT RESIDENT OF SARANGI HOUSE SHIROOR POST KUNDAPURA TALUK UDUPI DISTRICT PRESENTLY RESIDING AT FLAT NO. 304 DIASTIC, 2ND CROSS VALENCIA MANGALURU-575 002
…APPELLANTS
(BY SHRI.B.R.GURUPRASAD, ADVOCATE)
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AND:
…RESPONDENTS
(BY SHRI. A.N. KRISHNA SWAMY, ADV. FOR R1; VIDE ORDER DATED 16.09.2021-NOTICE TO RESPONDENT NO.2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01/08/2017, PASSED IN MVC NO.1424/2015, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & MACT, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.,
THIS MFA COMING ON FOR ADMISSION, THIS DAY, P.S.DINESH KUMAR J ., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the claimants seeking
enhancement of compensation is filed challenging the judgment and award dated August 1, 2017, in MVC.No.1424/2015 passed by the Motor Accidents Claims Tribunal and I Additional Senior Civil Judge, Mangaluru, Dakshina Kannada.
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Mangaluru, and later shifted to A.J.Hospital, Mangaluru. She succumbed to the injuries on 03.07.2015. Claimants have incurred medical expenses of Rs.76,693/-. The Tribunal has erred in not awarding the said amount; and
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Secondly, the deceased was aged about 42 years. Learned Tribunal has not added future prospects at 25% while computing the compensation.
7. Learned advocate for the claimants submitted that
deceased was working as a Software Engineer and running a school under name and style "Euro Kids
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International Pre School" and earning Rs.2,44,614/p.a. Learned Tribunal has erred in considering the income of the deceased as Rs.18,000/- p.m., and accordingly sought for enhancement.
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deductible from the earnings of the deceased while calculating loss of dependency.
The monthly notional income works out to Rs.22,500/(Rs.18,000+4,500) [by adding 25% towards future prospects (Rs.18,00025%=Rs.4,500)]. After deducting 1/3rd , it works out to Rs.15,000/per month (Rs.22,5002/3). The Annual notional income works out to Rs.1,80,000/- (Rs.15,00012). By applying 14 as multiplier, the loss of dependency works out to Rs.25,20,000/- (Rs.1,80,00014).
12. The total compensation is re-computed as follows;
| Sl. No |
Description | Amount |
|---|---|---|
| a. | Loss of dependency | Rs.25,20,000 |
| b. | ADD :Consortium (Rs.40,000*3) |
Rs.1,20,000 |
| c. | ADD :Conventional heads, funeral expenses, etc., |
Rs.30,000 |
| d. | ADD: Medical expenses |
Rs.76,693 |
| e. | Total (a+b+c+d) | Rs.27,46,693 |
| f. | LESS : Compensation awarded by the Tribunal |
Rs.22,70,000 |
| E | nhanced Compensation | Rs.4,76,693 |
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ORDER
(i) Appeal is allowed in part by holding that claimants are entitled for a total compensation of Rs.27,46,493/-, as against Rs.22,70,000/awarded by the Tribunal, payable with interest at 6% p.a., from the date of filing claim petition till the date of deposit. The enhanced compensation is
Rs.4,76,693 /-; and
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(ii) Insurer shall pay the entire compensation amount of Rs.27,46,493/- with interest at 6% p.a., excluding the amount paid if any, within eight weeks from the date of receipt of a copy of this order. Disbursement shall be made as directed by the Tribunal.
No costs.
Sd/JUDGE
Sd/JUDGE
NS/AV
3 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal should be enhanced?
Whether the medical expenses incurred by the claimants should be awarded?
Whether the interest on compensation should be awarded at 6% per annum?
MR. BINOY JOHN S/O K. C. JOHN
NEAL BINOY S/O BINOY JOHN
NOEL BINOY S/O BINOY JOHN
UNITED INDIA INSURANCE CO. LTD.
MR. S.A.ASHRAF S/O. S. MOHAMMAD HAJI
P.S.DINESH KUMAR
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
