IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 08TH DAY OF DECEMBER, 2010 PRESENT THE HON’BLE MR. JUSTICE N.K.PATIL AND THE HON’BLE MRJUSTICE H.S.KEMPANNA M.F.A.NO.9241/2008 (MV) C/W M.F.A.NO.5300/2009 (MV) M.F.A.NO.9241/2008 (MV) BETWEEN: SMT B K LATHA AGED ABOUT 31 YEARS W/O LATE B C HANUMANTHARAPPA RESIDING AT BASAVANAPALYA GANGONAHALLI POST TIPPASANDRA HOBLI, MAGADI TALUK BANGALORE DISTRICT ... APPELLANT (BY SRI.S.B.SRINIVASA ADV.) AND: 1. THE ORIENTAL INSURANCE CO. LTD. CITY BRANCH OFFICE - VII 1ST FLOOR, NO 20, 100 FEET ROAD JALAHALLI CROSS, BANGALORE-560 057, REPRESENTED BY ITS MANAGER (POLICY NO.421701/31/2007/8192, VALIDITY FROM 17/07/2006 TO 16/07/2007) 2 2. SRI ALLAUDDIN 5/0 AZMUDEEN MAJOR NO 11, 1ST MAIN ROAD RUKMININAGAR NAGASANDRA LAKKASANDRA BANGALORE- 560 073 (OWNER OF THE CANTER BEARING NO.KA-02-A-3044) 3. SMT RANGAMMA AGED ABOUT 66 YEARS MOTHER OF LATE B C HANUMANTHARAYAPPA RESIDING AT BASAVANAPALYA GANGONAHALLI (POST) TIPPASANDRA HOBLI, MAGADI TALUK BANGALORE DISTRICT . . . RESPONDENTS (BY SRI.MUSHTAQ AHAMED - ADV. FOR R-3, SRI.KALEEMULLAH SHARIFF-ADV. FOR R-2, SRI.C.SHANKAR REDDY - ADV. FOR R- 1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2008 PASSED IN MVC NO.6441/2006 ON THE FILE OF THE JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. M.F.A.NO.5300/2009 (MV BETWEEN: SMT RANGAMMA AGED ABOUT 68 YEARS W/O CHIKKANNA, R/A BASAVANAPALYA GANGONAHALLI (POST] TIPPASANDARA HOBLI, MAGADI TALUK BANGALORE DISTRICT ... APPELLANT 3 (BY SRLMUSHTAQ AHAMED - ADV) AND: 1. THE ORIENTAL INSURANCE CO. LTD. CITY BRANCH OFFICE - VII 1ST FLOOR, NO 20. 100 FEET ROAD JALAHALLI CROSS, BANGALORE-560 057, REPRESENTED BY ITS MANAGER 2. SHRI ALLAUDDIN Sb AZMUDDIN AGED ABOUT 48 YEARS NO 1 ST MAIN ROAD RUKMININAGAR NAGASANDRA LAKKASANDRA BANGALORE- 560 073 3. SMTBKLATHA AGED ABOUT 33 YEARS W/O LATE B C HANUMANTHARAYAPPA RESIDING AT BASAVANAPALYA GANGONAHALLI POST TIPPASANDRA HOBLI, MAGADI TALUK BANGALORE DISTRICT .. . RESPONDENTS (BY SRI.S.B.SRINIVASA - ADV. FOR R-3,) SRLC.SHANKAR REDDY - ADV. FOR R- 1) SRI.KALEEMULLAH SHARTFF-ADV. FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2008 PASSED IN MVC NO.6441/2006 ON THE FILE OF THE JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, N.K.PATIL 3., DELIVERED THE FOLLOWING:- 4 JUDGMENT These two appeals respectively by the claimants- wife and mother of the deceased arise out of the same impugned judgment and award dated 28.2.2008 passed in MVC No.6441/2006 by the Judge, Member, MACT, Bangalore (hereinafter referred to as ‘Tribunal’ for short). 2. The Tribunal by its impugned judgment and award has awarded a sum of1 1,78,032/- with interest at 6% p.a. from the date of the petition till realisation on account of the death of the deceased late Sri.B.C.Hanumantharayappa in the road traffic accident. The claimants claiming that, the compensation awarded to them is on the lower side and it requires enhancement have presented these appeals praying to modify the impugned judgment and award of the Tribunal. ci) Cl) 0 Cr) z 0 0 0 CD 0 CD g CD C 0 C/) 0 CD CD o C,) CD p CD cro. CD Cl) .i 0 0 , Cl) CD CD a o CD ‘- C) C Cd) 0 CD 0 C 0 Cl) I I !r 0 CD C) C) CD 0 C C *% C) 0 * A44 csI CD Cl) CD %% CD C) 0 Cl) CD &O CD CD CD * CD CD 0 CD I — CD CD CD CD CD 0 ) r 0 C CD CD CD CD 0 Cd) 6 claim petition against the respondents claiming compensation. The Tribunal, after assessing the oral and documentary evidence and other material on record allowed the claim petition awarding compensation and the claimants not being satisfied, have presented these appeals for enhancement of compensation. 4. We have heard the learned counsel for the appellants in both the appeals and the learned counsel for the insurer. 5. After careful perusal of the impugned judgment and award and the other material on record what emerges is that, the occurrence of the accident, the resultant death of the deceased, his age, occupation, salary drawn by him are not in dispute. The net salary of the deceased is 7,O27/- p.m. As per Sarla Verma’s case, future prospects at 50% 3,5l3/- has to be added and the total income would be 1O,54O/ p.m. and the income per annum comes to l,26,48O/- Out of which, if income tax at 14,400/— is deducted, the remaining amount would he 1, 12,080/—. Out of which, one-third 7 37,36O/- is deducted towards personal expenses, the net income comes to 74,72O/-. The deceased was aged about 30 years and therefore, the appropriate multiplier applicable is 17. Accordingly, we re-determine the compensation towards loss of dependency at 12,7O,24O/-. 6. Having regard to the facts and circumstances of the case, the we award a sum of 1O,OOO/- towards loss of consortium, l0,000/- towards loss of estate, 10,000/- towards loss of love and affection and 10,000/- towards transportation of dead body, funeral and obsequies expenses. / In all, the claimants are entitled to 13, 10,240/-as c H? }‘ against 1 1,38,032/-, awarded/by the Tribunal. The enhanced compensation comes to 1,72,208/-, which carries interest at 6% p.a. from the date of the petition till realisation. 7. For the foregoing reasons, both the appeals are allowed in part. The impugned judgment and award of the Tribunal dated 20.2.2008 in MVC No.6441/2006 is U0 hereby modified by awarding’I,72.2O8/- with interest, in addition to the compensation awarded by the Tribunal. 8. The insurer is directed to deposit the enhanced compensation with interest at 6% p.a. from the date of the petition till realisation within three weeks from the date of receipt of the certified copy of the judgment and award. Out of the entire enhanced compensation of 1,72 208/-, one lakh with proportionate interest shall be invested in the name of mother of the deceased Smt.Rangamma in any nationalized/schedule bank for a period of three years renewable by another three years with liberty to withdraw the interest accrued on it periodically and 50,0O0/- with proportionate interest shall be released in her favour immediately on deposit by the insurer. The remaining enhanced compensation of 1) 22,2O9/- with accrued interest shall be released in 9 sedSt. B.K.Lat wife of the clecea favOUt of the n deposit by the suret. irnmedtdl ° 0 rdinglY office to draw the award acC J AL rs