The Manager Vs Smt Saraswathamma

THE MANAGER M/S BHARATHI AXA GIC LTD BRANCH OFFICE, NO 30, 3^RD FLOOR, BELLARY ROAD, HEBBAL BANGALORE NOW REP BY ITS LEGAL MANAGER, BHARATHI AXA GIC LTD 1^ST FLOOR, FEMS ICON, SURVEY NO 28, DODDANEKUNDI VILLAGE, K R PURAM HOBLI, BANGALORE - 560037

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…APPELLANT

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(BY SRI. B. PRADEEP.,ADVOCATE)

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AND:

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SMT SARASWATHAMMA W/O A N SUBASH REDDY NOW AGED ABOUT 54 YEARS

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HC-KAR

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A S ARUNKUMAR

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S/O A N SUBASH REDDY NOW AGED ABOUT 34 YEARS

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A S MANJUNATH S/O A N SUBASH REDDY NOW AGED ABOUT 31 YEARS ALL ARE R/AT ACHEPALLI VILLAGE, BAGEPALLI TALUK.

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SHANKAR NAYAK S/O SOMALE NAYAK NO 28, MARAVAPALLI VILLAGE BAGEPALLI TALUK.

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…RESPONDENTS

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(BY SMT. SUGUNA R REDDY, ADVOCATE FOR R1-R3; NOTICE TO R4 IS SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.09.2016 PASSED IN MVC NO.56/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPUR, AWARDING COMPENSATION OF RS. 5,95,000/-WITH INTEREST AT 6% PER ANNUM FROM THE DATE OF PETITION TILL ITS REALIZATION.

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IN MFA.CROB NO. 96/2017

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BETWEEN:

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SMT. SARASWATHAMMA W/O LATE A.N.SUBASH REDDY,

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HC-KAR

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AGED ABOUT 56 YEARS,

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A.S. ARUN KUMAR S/O LATE A.N.SUBASH REDDY, AGED ABOUT 32 YEARS,

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A.S.MANJUNATH S/O LATE A.N.SUBASH REDDY, AGED ABOUT 29 YEARS,

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ALL ARE R/AT ANCHE PALLY VILLAGE, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT.

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...CROSS OBJECTORS

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(BY SMT. SUGUNA R REDDY., ADVOCATE)

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AND:

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SRI. SHANKAR NAIK S/O SOMALE NAIK, MAJOR IN AGE, R/AT NO.28, MARAVA PALLI VILLAGE, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT -562 101.

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THE BRANCH MANAGER M/S BHARATHI AXA GENERAL INSURANCE CO LTD., NO.30, 3^RD FLOOR, BELLARY ROAD, HEBBAL BANGALORE NOW REPRESENTED BY ITS MANAGER, BHARATHI AXA GIC LTD, 1^ST FLOOR, FEMS ICON, SY.NO.28, DODDANEKUNDI VILLAGE, K.R.PURAM HOBLI,

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HC-KAR

BANGALORE-560037.

...RESPONDENTS

(BY SRI.B. PRADEEDP, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH )

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THIS MFA.CROB IN MFA NO. 790/2017 FILED UNDER ORDER 41 RULE 22 OF THE CPC READ WITH SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED 09.09.2016 PASSED IN MVC NO.56/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL & THE MFA CROB COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and

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HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)

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This appeal and the cross objection are by the Insurer and the claimants calling in question the Judgment and Award dated 09.09.2016 in MVC No.56/2013 on the file of the Principal Senior Civil

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HC-KAR

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Judge and CJM, Chikkaballapur [for short, ' the Tribunal' ]. The claimants are the wife and two sons of the deceased A.N.Subhash Reddy who has died in a road accident¹ . The Tribunal has allowed the claim petition granting compensation of Rs.5,95,000/- with interest at the rate of 6% per annum. The Tribunal has awarded Rs.5,95,000/- under the following heads:

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Towards medical expenses	Rs.15,000/-
Towards loss of dependency	Rs.4,40,000/-
Towards consortium to thefirst petitioner	Rs.20,000/-
Loss of love and affection to petitioner Nos.2 and 3 atRs.10,000/-each	Rs.20,000/-
Expenses towards funeral expenses and obsequies ceremonies expenses.	Rs.10,000/-
Towards loss of future income	Rs.90,000/-
Total	Rs.5,95,000/-

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1 A.N.Subhash Reddy has suffered injuries in the accident on 10.05.2013 and succumbed to the same on 24.06.2013.

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HC-KAR

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This Court must record that neither

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Mr.B.Pradeep, the learned counsel for the Insurer, nor Ms. SugunaR. Reddy, the learned counsel for the claimants-cross objectors, dispute the accident and the claimants' right to seek compensation. Sri.B.Pradeep submits that the Insurer has disputed the liability on the ground that the driver of the insured vehicle did not hold a valid license as he held only a light motor vehicle license, but fairly submits that this ground is no longer available in view of the decision of the Apex Court in Bajaj Allianz General

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Insurance Company Limited vs.Rambha Devi and others in Civil Appeal No.841/2018 .

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The only question which stays for consideration is: whether there must be any change in the compensation awarded by the Tribunal . On this,

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Sri B. Pradeep submits that the Tribunal has awarded loss of future income despite award of loss

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HC-KAR

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of dependency, and this is formidable because it cannot be gainsaid that there cannot be award towards loss of future income and there is award towards loss of dependency. There must be interference to this extent.

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Mrs. Suguna R. Reddy submits that the Tribunal has computed loss of dependency taking income in a sum of Rs.5,000/- per month as the income of the deceased though he is a Sericulturist and he was also engaged in milk vending business. The learned counsel submits that the deceased was engaged in all these activities as borne out by the passbooks issued by the concerned Cooperative Societies, but the learned counsel cannot dispute that there is no proof of actual income from these activities.

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In which event, this Court must take

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such income as would be proper for granting just and reasonable compensation. In terms of the schedule

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HC-KAR

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evolved for settlement in Lok – Adalat to ensure consistency and uniformity in cases arising out of accidents in the year 2013, the notional income is taken at Rs.8,000/- per month, and because there is evidence that the deceased [ an agriculturist ] was supplementing his income from other sources there must be appropriate addition towards the same. Further, the Insurer cannot dispute that the claimants would be entitled to addition towards future prospects at 10% of the income.

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In the light of the afore, this Court finds that loss of dependency must be computed taking the income of the deceased at Rs.9,000/- per month with addition of 10% towards prospects deducting 1/3^rd towards personal expenses and applying the multiplier of 11. The loss of dependency when thus computed would be in a sum of Rs.8,71,200/- as against the sum of Rs.4,40,000/- awarded. The computation is as follows.

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HC-KAR

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Details for Computat	ion of Lo	ss of Dependency
MonthlyIncome		Rs.9,000/-
Addition towards
FutureProspects	10%	Rs. 900/-
Monthly Income +
Future Prospects		Rs. 9,900/-
Annual Income		Rs. 1,18,800/-
Deduction Towards personalexpenses	1/3	Rs. 39,600/-
Multiplicand [After
Deduction towards personal Expenses]		Rs. 79,200/-
Multiplier	11
Loss of Dependency		Rs. 8,71,200/-

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7. Though Mrs. Suguna R. Reddy's canvass

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is for enhancement in the amount awarded towards medical expenses, this Court is not persuaded as the same is based on the actual medical expenses. The claimants will be entitled to a sum of Rs.3,41,200/-, which is brought out by the following comparative table.

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	By the Tribunal	By this Court
Loss ofdependency	Rs.4,40,000/-	Rs. 8,71,200/-
Towards medical	Rs.15,000/-	Rs. 15,000/-
expenses
Towards consortium	Rs.20,000/-	Rs.20,000/-
Loss of love and	Rs.20,000/-	Rs. 20,000/-

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HC-KAR

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affection
Expenses towards funeral expenses and obsequies ceremonies	Rs.10,000/-	Rs.10,000/-
Towards loss of	Rs.90,000/-	-
future income
_Total _	_5,95,000/- _	_Rs.9,36,200/- _
*Enhanced compensati*	on	_Rs.3,41,200/- _

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In the light of afore, the following:

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ORDER

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[A] The appeal and the cross objection are disposed of declaring that the claimants are entitled for compensation in a sum of Rs.9,36,200/-, including enhanced

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compensation in the sum of Rs.3,41,200/-, along with the interest at 6% per annum.

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