Smt. Pallavi Vs Krishnappa

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.07.2019 PASSED IN MVC NO. 801/2017 ON THE FILE OF THE SENIOR CIVIL AND JMFC, HARIHARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION .

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The appeal is filed by the claimants seeking for

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enhancement of compensation.

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It is not in dispute that as a result of the motor vehicle accident which occurred on 28.04.2017, one Sri V.Nagaraja

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Barki, aged about 30 year old died.

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HC-KAR

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It is not in dispute that the respondent No.2-Corporation

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is liable to pay the compensation as the offending vehicle belonged to the Corporation.

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The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle (KSRTC Bus) was responsible for the accident which has resulted in the death of

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V.Nagaraja Barki. The Tribunal has thereafter proceeded to award the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Loss of Dependency	19,27,800
2.	Loss of Estate	15,000
3.	Transportation of dead body and cremation	15,000
4.	Towards Consortium	40,000
	Total	19,97,800

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In order to arrive at the loss of dependency, the Tribunal has determined the monthly income of the deceased, notionally at Rs.9,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to

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HC-KAR

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adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017, would be Rs.11,000/-.

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Since the deceased was aged about 30 years and was self-employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.15,400/- (Rs.11,000 + 40%).

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If 1/4^th is deducted towards personal expenses, his monthly income would be Rs.11,550/- (Rs.15,400 - Rs.3,850). The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.11,550/- .

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As the deceased was aged about 30 years, a multiplier of '17 ' would have to be applied.

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Consequently, the claimants would be entitled to a sum of Rs.23,56,200/- (11,500 x 12 x 17) towards “ loss of dependency” .

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The claimants being the wife, mother and children of the deceased, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all

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HC-KAR

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Rs.1,93,600/- (Rs.48,400 X 4) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads” .

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Thus, the claimants, in modification of the impugned award, would be entitled to the following sums:

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Sl. No.	Particulars	Amount (In Rs.)
1.	Loss of Dependency	23,56,200
2.	Loss of Consortium	1,93,600
3.	Conventional Heads	36,300
	Total	25,86,100

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Thus, the claimant would be entitled for compensation of

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Rs.25,86,100/- as against Rs.19,97,800/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization.

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Respondent No.2 is directed to deposit the amount of compensation awarded along with interest within a period of six weeks from the date of receipt of a certified copy of this judgment.

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