Asma B Vs Rafeeq G

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2018 PASSED IN MVC NO.278/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶26

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

¶27

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

¶28

3 - NC: 2026:KHC:21025 MFA No. 323 of 2019

¶29

HC-KAR

¶30

ORAL JUDGMENT

¶31

This appeal is filed by the claimants challenging the

¶32

judgment and award dated 20.01.2018 passed in MVC No.278/2017 by the Motor Accident Claims Tribunal, D.K., Mangaluru, sitting at Puttur (hereinafter referred to as the 'Tribunal').

¶33

Heard Sri.Abdul Ansar.P, learned counsel for the appellants and Sri.B.S.Krishna, learned counsel appearing for respondent No.3-insurance company.

¶34

The parents of the deceased Mohammad Zaheer.P filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for the death of their son in a road accident dated 29.03.2016. In order to prove the claim, they have adduced oral and documentary evidence. The Tribunal considering the material on record, has awarded total compensation Rs.9,19,000/- with interest at the rate of 7% per annum. It is to be noticed that the deceased was aged about 18 years and by vocation a coolie. It is claimed that he was earning Rs.12,000/- per

¶35

4 - NC: 2026:KHC:21025 MFA No. 323 of 2019

¶36

HC-KAR

¶37

month. However, no evidence is placed to that effect. Hence, his income is notionally assessed at Rs.9,500/-. The claimants would be entitled to addition of 40% of the assessed income under the head of loss of future prospects and he was a bachelor and the appropriate deduction would be 50% towards personal and living expenses. The claimants/appellants being the parents would be entitled to consortium at the rate of Rs.40,000/each with 10% escalation. The appellants are also entitled to compensation under conventional heads. Hence, the compensation is re-determined as under:

¶38

Sl. No	Description	Amount
1	Loss of dependency (Rs.9,500 + 40% X 12 X 18 - 50%)	Rs.14,36,400
2	Loss of consortium [Rs.44,000(10% escalation) X 2]	Rs.88,000
3	Loss of estate, transportation of dead	Rs.33,000
	body and funeral

¶39

5 - NC: 2026:KHC:21025 MFA No. 323 of 2019

¶40

HC-KAR

¶41

expenses (Rs.16,500 + Rs.16,500) (which includes 10% escalation) Total Rs.15,57,400

¶42

In the result, I proceed to pass the following:

¶43

ORDER

¶44

(i) Appeal is allowed in part .

¶45

(ii) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to total compensation of Rs.15,57,400/- as against Rs.9,19,000/- awarded by the Tribunal.

¶46

(iii) The enhanced compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit except for the period of delay of 261 days as per orders in IA No.1/2019.

¶47