Sri. Ravikumar Vs Nachi Enterprises

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.08.2023 PASSED IN MVC No.1784/2021 ON THE FILE OF THE XII ADDITIONAL ACMM, MACT, SCCH-8, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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The appeal is filed by claimants seeking

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enhancement of compensation awarded in the Judgment and Award dated 08.08.2023 passed in MVC No.1784/2021 by XII Additional Small Causes Judge and MACT Bangalore (SCCH-8).

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2. Even though the appeal is listed today for admission, with the consent of learned counsel for the

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HC-KAR

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appellant and learned counsel for respondent No.2 it is

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taken up for disposal.

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3. Appellants -claimants made a claim petition for

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award of compensation for the death of Vinay H R in a road traffic accident occurred on 24.03.2021 contending that the accident occurred due to the rash and negligent driving of the driver of the Tipper Lorry bearing registration No.KA-41/C-7104. The Tribunal after recording the evidence and appreciating the evidence on record has assessed the compensation and awarded compensation under various heads as under:

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Loss of dependency	Rs.27,21,600/-
Love and Affection	Rs.70,000/-
Funeral Expenses	Rs.15000/-
Conveyance	Rs.5000/-
Total	Rs.28,11,600/-

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4. The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realisation and directed respondent No.2 –insurer to pay

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HC-KAR

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the award amount with interest. Claimants have filed appeal seeking enhancement of compensation.

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5. Heard learned counsel for appellants and

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learned counsel for respondent No.2 –insurer.

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6. Learned counsel for appellants would contend that the deceased was working as Purohith and he had undergone several courses including the course of Veda Pravesh and documents have been produced in that regard as per Ex.P15 to P21. The income tax returns for the assessment year 2020-2021 and 2021 -2022 are produced at Ex.P14 and Ex.P38 respectively which indicate that the deceased was getting Rs.30,000/- per month. He further submits that the income taken by the Tribunal at Rs.18,000/- per month is on lower side and prays to take higher income. He further submits that the Tribunal has not awarded consortium and only awarded loss of love and affection in a sum of Rs.70,000/-. The claimants are entitled to consortium with 10% escalation and also funeral expenses and loss of estate in a sum of

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HC-KAR

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Rs.15,000/- each with 10% escalation. With these, he prays to allow the appeal and enhancement of compensation.

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7. Learned counsel for respondent No.2 –insurer would contend that the income tax returns Ex.P14 and Ex.P38 are filed subsequent to the death of the deceased and income shown in those documents is an exaggeration only to claim higher compensation. Considering the same, the Tribunal has taken the notional income of the deceased at Rs.18,000/- per month as per chart prepared by Legal Services Authority for the year 2021. The compensation awarded on all heads are just and proper and there are no grounds for enhancement. With these, he prays to dismiss the appeal.

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8. Having heard learned counsels, this Court has

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perused impugned judgment and award.

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9. The claimants are parents of the deceased. The deceased was a bachelor and he was Purohith and

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HC-KAR

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performing pooja. Ex.P15 to 21 indicate that the deceased had undergone different courses including the Veda Pravesh and he was qualified Purohith. Ex.P23 to 32 are the photographs which indicate that the deceased was working as Purohith. Ex.P14 and 38 which are income tax returns for the assessment year 2020-2021 and 20212022 are the returns filed after death of the deceased wherein income of the deceased has been shown as Rs.3,60,000/- per annum i.e., Rs.30,000/- per month. Considering the qualification of the deceased and his avocation as Purohith, income taken by the Tribunal at Rs.18,000/- is on lower side and income to be taken is Rs.20,000/- per month. The Tribunal has rightly deducted 50% towards personal expenses of the deceased and taken 40% towards future prospects and applied multiplier 18. In view of the same, the claimants are entitled to loss of dependency as under:

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Rs.20,000/+ 40% (Rs.8,000/-) =Rs.28,000/minus 50%= Rs.14,000/- x12x18 =Rs.30,24,000/-

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HC-KAR

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10. The Tribunal has awarded a sum of Rs.70,000/-

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towards love and affection and not awarded loss of consortium. The claimants being the two parents of the deceased are entitled to consortium in a sum of Rs.40,000/- each with 10% escalation i.e., Rs.44,000/- x 2 =Rs.88,000/-. In view of award of consortium, the claimants are not entitled to loss of love and affection in a sum of Rs.70,000/- as awarded by the Tribunal. The Tribunal has awarded funeral expenses at Rs.15,000/-, conveyance at Rs.5,000/-. The Tribunal has not awarded the loss of estate. The claimants are entitled to funeral expenses and loss of estate in a sum of Rs.15,000/- each with 10% escalation i.e., Rs.16,500/- each. In view of award of funeral expenses, claimants are not entitled to conveyance as awarded by the Tribunal in a sum of Rs.5,000/-. In view of the above, claimants are entitled to

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total compensation under various heads as under:

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Loss of dependency	Rs.30,24,000/-
Consortium	Rs.88,000/-
Funeral Expenses	Rs.16,500/-

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HC-KAR

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Loss of estate Rs.16,500/- Total Rs.31,45,000/-

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11. The claimants are entitled to total compensation

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of Rs.31,45,000/- as against Rs.28,11,600/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. Consequently, the claimants are entitled to enhanced compensation of Rs.3,33,400/- with interest at the rate of 6% per annum from the date of petition till realisation. Respondent No.2 - insurer is liable to pay the enhanced compensation with interest.

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12. In view of the above, the following

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ORDER

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i) The appeal is allowed in part.

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ii) Claimants are entitled to enhanced

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compensation of Rs.3,33,400/- with interest at the rate of 6% per annum from the date of petition till realisation

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HC-KAR

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iii) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day, failing which it is liable to pay interest at the rate of 9% per annum from this day till payment.

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iv) The claimants are entitled to release of entire enhanced compensation as per their Share as awarded by the Tribunal.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 1 Sl No.: 43

Sri. Ravikumar v. Nachi Enterprises

Case brief

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Sri. Ravikumar v. Nachi Enterprises

Case brief

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