Syed Sadiq Etc vs Divisional Manager,United India ...

3. Necessary relevant facts are stated hereunder to appreciate the case of the appellants and also to find out whether the appellants are entitled for the relief as prayed in these appeals.

4. They filed MV Case Nos. 149, 147 and 148 of 2010 respectively before the Motor Accident Claim Tribunal, Chitradurga (for short ‘the Tribunal’). The Tribunal awarded different awards in the three different appeals which had been heard together by the High Court of Karnataka. Since the injuries suffered by the three appellants are different, we are inclined to decide upon the appeals individually. As far as injuries sustained by the appellants in the road accident are concerned, there is no dispute that the accident occurred on 14.02.2008 due to the rash and negligent driving of the tractor- trailer bearing registration No. KA-16/T-8219-8220 by its driver. The appeals therefore, are confined to determining whether the quantum of compensation which was enhanced by the High Court from that of the Tribunal is just and proper or whether it requires further enhancement in the interest of justice. We take up the appeals one at a time.

22. Further, the appellant/claimant has claimed that he has been earning [pic]5,000/- p.m. by working as a cleaner of the lorry. The Tribunal assessed his monthly income at [pic]3000/-. The High Court, considering his age and his profession as a cleaner, assessed his income at [pic]3500/-. However, based on the Karnataka State Minimum Wages Rule 2012-2013, the appellant/claimant is entitled to [pic]4246/- per month. Since, no written record of his income could be produced before the Court, we take his income, as per Revised Minimum Wages Rule at [pic]4246/- rounding it off as [pic]4300/- per month. Further, an amount of [pic]700/- can be added as daily barter charges. Therefore, his monthly income amounts to [pic]5000/-.

16. Hence, the total amount of claim the appellant/claimant becomes entitled to is [pic]21,65,100/- with interest @ 9% per annum from the date of application till the date of payment.

Civil Appeal @ MFA 1132/2011 (MVC No. 147/2010)

18. The amount awarded by the Tribunal and the High Court under other conventional heads have not been disputed by the appellant/claimant by producing contrary evidence. Therefore, the amount awarded under those heads shall remain constant. Based on the reasoning given by us in the earlier appeal, the appellant/claimant is also entitled to the cost of litigation at [pic]25,000/-.

Civil Appeal @ MFA 1133/2011 (MVC No. 148/2010)

27. Therefore, the appellant/ claimant in this appeal is entitled to a total amount of [pic]15,67,000/- with an interest of 9% per annum from the date of application till the date of payment.

Contributory Negligence

29. The appeals are allowed accordingly. The appellant/claimant in Civil Appeal @ MFA 1131/2011 (MVC No. 149/ 2010) is awarded a compensation of amount at [pic]21,65,100/-. The appellant/claimant in Civil Appeal @ MFA 1132/2011 (MVC No. 147/2010) is awarded a compensation of amount at [pic]9,77,100/-. The appellant/claimant in Civil Appeal @ MFA 1133/2011 (MVC No. 148/2010) is awarded a compensation of amount at [pic]15,67,000/-. All the appellants/claimants are entitled to interest @ 9% per annum from the date of application till the date of payment.

30. The name of the erstwhile first respondent has been deleted from the array of parties by Order of this Court dated 1.7.2013. The Insurance Company remains the sole respondent in this case. Therefore, we direct the Insurance Company to deposit 50% of the awarded amount with proportionate interest within four weeks from the date of receipt of a copy of this order, after deducting the amount if already paid, in any of the Nationalized Bank of the choice of the appellants for a period of 3 years. During the said period, if they want to withdraw a portion or entire deposited amount for their personal or any other expenses, including development of their asset, then they are at liberty to file application before the Tribunal for release of the deposited amount, which may be considered by it and pass appropriate order in this regard.

The rest of 50% amount awarded with proportionate interest shall be paid to the appellants/claimants by way of a demand draft within four weeks. The Insurance Company is further directed to submit compliance report before this court within five weeks.