Smt. M. Jayanthi Vs Danish Nehal M Havaldar

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2019 PASSED IN MVC NO.4634/2018 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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

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ORAL JUDGMENT

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This appeal is by the appellants/claimants challenging

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the judgment and award dated 29.4.2019 passed in MVC No.4634/2018 by the I Additional Small Causes Judge and

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MACT, Bangalore, (SCCH 11) (for short 'the Tribunal').

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Heard Sri Shripad V. Shastri, learned counsel

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appearing for appellants and Sri K.S. Lakshminarasappa,

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3 - NC: 2026:KHC:23614 MFA No. 6604 of 2019

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HC-KAR

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learned counsel appearing on behalf of Sri A.M. Venkatesh, learned counsel appearing for respondent No.2.

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One Sri Subramanyam M, met with a road accident on 18.7.2018, sustained grievous injuries and he succumbed to those injuries. It is averred that deceased was working as a Gardner at CPRI, New BEL Road, Bengaluru, and also working as a Cleaner in Ayyappaswamy Temple. It is also averred that he used to earn more than 15,000/- to 16,000/- per month from both the employments. The Tribunal considering the oral and documentary evidence assessed the income at `11,615/- per month and awarded the compensation.

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The material on record indicates that claimants have adduced oral as well as documentary evidence. PW2, employer of the deceased clearly deposed and produced Exhibits P15 to P19. These are the documentary evidence indicating the salary slip, ID card, appointment letter and

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4 - NC: 2026:KHC:23614 MFA No. 6604 of 2019

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HC-KAR

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pass book. In addition to the aforesaid documents, the appellants have also made an assertion that after the duty hours in CPRI, deceased used to work as a Cleaner in Ayyappaswamy Temple and he used to earn a sum of 4,500/-. Considering the aforesaid evidence of the claimants as well as the employer of the deceased and the documentary evidence, I am of the considered view that ends of justice would be met if the income of the deceased is assessed at 13,000/- per month. Deceased was aged about 49 years. Hence, there would be an addition of 25% of the assessed income towards 'future prospects'. The appropriate multiplier would be '13'. Deduction towards personal and living expenses would be 1/3^rd .

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It is needless to observe that appellants/claimants

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are the wife and children/dependants of the deceased would be entitled consortium of `44,000/- each which include 10% escalation.

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HC-KAR

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The appellants/ claimants also would be entitled for compensation under the head of 'loss of estate' and 'transportation of dead body and funeral expenses' which would be `33,000/- which includes 10% escalation under

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both heads.

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The Tribunal taking note of the bills placed before it has awarded `1,13,080/- towards medical expenses and

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the same is maintained.

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For the aforementioned reasons, the compensation is

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reassessed as under:

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Heads	Amount in rupees
Loss of dependency (`13000 + 25% (3,250/-)x 12 x 13 - 1/3rd)	16,90,000/-
Loss of consortium (`44,000 x3)	1,32,000/-
Loss of estate	16,500/-
Funeral expenses	16,500/-
Medical expenses	1,13,080/-
TOTAL	19,68,080/-