Smt.Kalawwa W/O Shivashankrappa Nidagundi Vs Sri.Sanjaya S/O Lakshmashi Ladhad

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2018 PASSED IN MVC NO.463/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.X, HUNGUND, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

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This is a claimants’ appeal against the judgment

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and award dated 01.03.2018 passed in MVC No.463/2014 on the file of the Senior Civil Judge and Member, MACT-X, Hungund (for short, ‘the Tribunal’).

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The parties are referred to as per their rankings

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before the Tribunal.

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It is the case of the claimants that on 03.03..2014 at about 5.45 p.m. deceased Shivashankrappa was travellling in the car bearing registration No.KA-28/M-5884 from Kamatagi to Ameengad on Kamatagi-Ameengad raod near Chandulal temple met with an accident as a result of which Shivashankrappa sustained grievous injuries and he was admitted to the hospital for treatment and while undergoing treatment, on 04.03.2014 he succumbed to the injuries. Claimants are wife and children of the

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deceased. The y contend that they had spent more than Rs.50,000/- towards medical expenses. The deceased was aged about 45 years and he was serving in a Cooperative Bank and earning Rs.8,500/- per month as salary. From

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the said income he was maintaining the claimants. The claimants were completely dependent on the earnings of the deceased. With these reasons prayed to award compensation of rupees Rs.20,20,000/-.

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Respondents denied the contents of the claim

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petition. It further contends that driver of the offending car was not holding valid and effective driving licence therefore they are not liable to indemnify the owner. With these reasons prayed to dismiss the claim petition.

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The Tribunal framed necessary issues.

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Claimants on their behalf examined PW1 and

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marked Exs.P1 to P9. Respondent No.2 marked one document as Ex.R1.

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The Tribunal after hearing both the parties and appreciating the pleadings and evidence on record held that accident had taken place due to rash and negligent

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driving of the car by its driver. In the said accident Shivashankrappa sustained grievous injuries and succumbed to the injuries. The Tribunal held that deceased was earning Rs.8,000/- per month and his age was 55 years, added 10% towards future prospects, applied multiplier as 11 deducted 1/3^rd income towards personal expenses and calculated the compensation and

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awarded following amount of compensation:

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Loss of dependency	:Rs.7,74,444.00
Medical expenses	:Rs. 2,000.00
Conveyance	:Rs. 2,000.00
Funeral Expenses	:Rs. 15,000.00
Loss of estate	:Rs. 15,000.00
Loss of consortium	:Rs. 40,000.00
Loss of love & affection	:Rs. 40,000.00
Total	:Rs.8,88,444.00

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Being aggrieved by the same claimants

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preferred for enhancement of the compensation.

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Ex.P9 is the salary certificate. The Tribunal in the impugned judgment noted that Ex.P9 was given by the Society. The salary was mentioned as Rs.8,500/- per month. However the same was not accepted due to nonexamination of author of the said document. The Tribunal took the national income of the deceased as per the chart

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prepared by the KSLSA. The relevant income applicable is Rs.8,000/- per month and the same was accepted by the Tribunal. There is no error in the same. The Tribunal added 10% of the income towards future prospects, deducted 1/3^rd income towards personal expenses and applied multiplier 11, taking the age of the deceased as 55 years. The said calculation is on the basis of the materials available on record and there are no reasons to interfere in the said findings.

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Learned counsel for the appellants submits that claimants have furnished receipts and prescriptions worth Rs.12,000/-. However, the Tribunal has considered only Rs.2,000/and disbelieved the other receipts. In paragraph 26 of the impugned judgment the Tribunal has noted the same. Learned counsel for the appellants produced copy of Ex.P8 marked before the Tribunal. It was given by the Hospital. There is no reason to disbelieve the said document. Admittedly the deceased was admitted in the hospital in a serious condition. Considering the same, he must be kept in a special ward and claimants must

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have taken all the steps for providing him better treatment. Therefore the finding of the Tribunal rejecting the amount of Ex.P8 and accepting only Rs.2000/- is incorrect. The claimants are entitled for entire amount of Rs.12,000/-. The amount of compensation awarded by the Tribunal in respect of loss of consortium and other conventional heads are not in accordance with the law down by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs.Pranay Sethi and others reported in (2017) 16 SCC 680 and it needs to be re-calculated

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For the aforesaid discussions, the following

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amount of compensation is re-assessed and re-calculated:

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Loss of dependency	:Rs.7,74,444.00
Medical expenses	:Rs. 12,000.00
Conveyance	:Rs. 2,000.00
Funeral Expenses	:Rs. 15,000.00
Loss of estate	:Rs. 15,000.00
Loss of consortium	:Rs.1,20,000.00
Total	:Rs.9,88,444.00

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The claimants are entitled for enhancement of

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Rs.50,000/- with interest at the rate of 6% per annum on

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the enhanced amount of compensation from the date of

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petition till its realization. Accordingly this court passes the

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following:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award d ated 01.03.2018 passed in MVC No.463/2014 on the file of the Senior Civil Judge and Member, MACT-X, Hungund is modified.

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iii. The claimants are entitled for enhancement of Rs.50,000/- in addition to the amount awarded by the Tribunal. The claimants are also entitled for interest on the said amount from the date of petition till realization at the rate of 6% per annum.

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iv. Respondent No.2 is the insurer and is directed to deposit the said amount within 6 weeks from the date of the award.

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v. Apportionment and release of the amount are as ordered by the Tribunal.

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Sd/(UMESH M ADIGA) JUDGE

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KGK

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Ct:vh / List No.: 1 Sl No.: 42

Smt.Kalawwa W/O Shivashankrappa Nidagundi v. Sri.Sanjaya S/O Lakshmashi Ladhad

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Smt.Kalawwa W/O Shivashankrappa Nidagundi v. Sri.Sanjaya S/O Lakshmashi Ladhad

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