Smt Mohini Vs Sri Santhosh Devadiga

MASTER. HARSHITH, S/O LATE DINESH ACHARYA, AGED ABOUT 11 YEARS, REP BY HIS MOTHER 1^ST APPELLANT BOTH ARE RESIDING AT NO.3-224 GUNDMARU HOUSE, IRVATHUR VILLAGE, IRVATHUR POST, KARKALA TALUK, KARKALA -574 104.

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Digitally signed by REKHA R Location: High Court of Karnataka

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(BY SRI. DHANANJAY KUMAR., ADVOCATE)

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AND:

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&APPELLANTS

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SRI. SANTHOSH DEVADIGA, S/O SRI. BOJA DEVADIGA, AGED ABOUT 35 YEARS, R/AT. DEVI KRUPA HOUSE, HOSABETTU IRVATHURU POST AND VILLAGE, KARKALA TALUK, KARKALA - 574 104.

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THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD.,

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HC-KAR

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KARKALA BRANCH PB NO.29, 2^ND FLOOR, SUSHILA SANJIV ENCLAVE, NEAR KARNATAKA BANK, MARKET ROAD, KARKALA - 574 104.

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&RESPONDENTS

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(BY SRI.H.C.VRUSHABHENDRAIAH, ADVOCATE FOR R2; R1 - SERVED AND UNREPRESENTED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DATED:17.12.2020 IN MVC NO.1228/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE T.M.NADAF)

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The claimants are before us in this appeal seeking enhancement of compensation arising out of Judgment and Award dated 17.12.2020 passed by the Senior Civil Judge and Addl. Motor Accident Claims Tribunal, Karkala¹ in MVC No.1228/2019.

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1 The Tribunal, for short

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HC-KAR

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The parties are referred to as per their ranking

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before the Tribunal.

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The date of accident, involvement of vehicle, death of Mr.Dinesh Acharya and liability to pay the compensation are not in dispute. The only dispute is with reference to quantum of compensation.

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Heard, Sri.Dhananjay Kumar, learned counsel appearing for the appellantsclaimants and Sri.H.C.Vrushabhendraiah, learned counsel appearing for respondent No.2 3 Insurer. Respondent No.1 though served remained unrepresented.

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Sri.Dhananjay Kumar, argued on two grounds; firstly that, the deceased was working as Carpenter and earning Rs.50,000/- per month. Claimant No.1 had adduced evidence to that effect, however the Tribunal has failed to consider the same and considered the income at Rs.11,000/- per month and deducted 1/3^rd by adding 25% towards future prospectus, awarded a sum of

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HC-KAR

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Rs.14,30,052/-. Secondly, though the Tribunal has

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awarded 10% escalation on the Conventional Heads, but considered only one term of three completed years. The accident occurred in the year 2019, hence the claimants are entitled for another term, that means, total 20% of escalation on the compensation awarded under the Conventional Heads.

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In contrast, Sri.Vrushabhendraiah, submits that

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though claimant No.1 has been examined as PW.1 and another witness Vishwanath Acharya as PW.2, have stated the income of the deceased at higher rate, however they

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have not produced any document to substantiate the claim

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that the deceased was a Carpenter and was earning Rs.50,000/- per month as claimed by them in the Claim petition. However with all fairness, learned counsel Sri.Vrushabhendraiah, submits that the amount stated under the chart prepared by Karnataka State Legal Services Authority, for settlement of disputes before the Lok-Adalat corresponding to the year of accident may be

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HC-KAR

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considered. He is not in dispute with the settled position of

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law regarding 10% escalation for each completed three

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years from 2017 on the compensation awarded under the Conventional Heads.

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Having considered the rival submissions, we have perused the entire appeal paper.

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As rightly pointed out by Sri.Vrushabhendraiah, there is no document produced by the claimants except the oral evidence to substantiate the income of the deceased. In the absence of documentary evidence, the self-serving oral testimony cannot be considered as substantial material for the claim made in the Claim petition with respect to higher income. However, as per the income under the Chart stated supra, the income is fixed at Rs.14,000/- per month. The same income is considered as income of the deceased. In view of the settled position of law, the claimants are entitled for 10% escalation for every term of three completed years from

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HC-KAR

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Hence, the claimants are entitled for 10% of escalation for two terms of three completed years. In view of the higher income and the escalation, the compensation awarded by the Tribunal requires reconsideration and

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reassessment, which is as follows:

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Sl. No.	Heads	Compensation awarded by the Tribunal In Rs.	By this Court In Rs.
1.	Loss of dependency	14,30,052-00	18,20,000-00 (14,000+25%x12x13x2/3)
2.	Loss of Consortium	88,000-00	80,000-00 (40,000 x 2)
3.	Funeral expenses	16,500-00	15,000-00
4.	Loss of Estate	16,500-00	15,000-00
5.	10% escalation (for two terms of three completed years on conventional heads)	-	22,000-00
	TOTAL	15,51,052-00	19,52,000-00

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Accordingly, the claimants are entitled for reassessed compensation of Rs.19,52,000/-. After deducting the compensation awarded by the Tribunal, the claimants are entitled for enhanced compensation of Rs.4,00,948/- [19,52,000 (-) 15,51,052], rounded off at Rs.4,01,000/- . Accordingly, we proceed to pass the following:

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HC-KAR

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ORDER

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(i) The appeal is allowed in part .

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(ii) The Judgment and Award dated 17.12.2020 passed by the Senior Civil Judge and Addl. Motor Accident Claims Tribunal, Karkala in MVC No.1228/2019 is modified and the compensation is enhanced.

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(iii) The Claimants are entitled for enhanced compensation of Rs.4,01,000/- with interest @ 6% per annum from the date of petition till realization.

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(iv) Respondent No.2 - Insurer shall deposit the entire compensation along with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this order.

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(v) On deposit, 50% of the amount shall be released in favor of Claimant No.1 on

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HC-KAR

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proper identification and another 50% shall be deposited in any interest bearing FDR with any nationalized Bank till Claimant No.2 attains the age of majority. Thereafter, for another period of three years.

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(vi) The Bank shall not permit any loan on the amount in deposit without there being any order by the Tribunal/Court.

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(vii) The Trial Court Record secured if any, shall be transmitted forthwith to the concerned Tribunal.

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(viii) No order as to costs.

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Sd/(D K SINGH) JUDGE

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Sd/(T.M.NADAF) JUDGE

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TKN