Karnataka High Court Subramaniam Vaidyanathan vs R B R Travels on 16 January, 2014 1 DATED THIS THE 16TH DAY OF JANUARY, 2014 PRESENT THE HON'BLE MR. JUSTICE N. K. PATIL AND THE HON'BLE MRS. JUSTICE RATHNAKALA M.F.A. No.10186 OF 2010 (MV) BETWEEN: 1. SUBRAMANIAM VAIDYANATHAN AGED ABOUT 52 YEARS, S/O VAIDYANATHAN 2. DR. PREETISH. S. VAIDYANATHAN, AGED ABOUT 49 YEARS, S/O VAIDYANATHAN BOTH THE APPELLANTS ARE R/A NO.19, IEHCS LAYOUT, 8TH MAIN, VIDYARANYAPURA, BANGALORE 97 .. APPELLANTS (BY SRI. R. CHANDRASHEKAR FOR LAWYERS NET, ADV.) AND 1. R.B.R. TRAVELS NO.14, HOSUR MAIN ROAD, MADIWALA, BANGALORE 560 061 REP. BY ITS MANAGER 2. ICICI LOMBARD MOTOR INSURANCE. CO. LTD., PRESTIGE CORNICHE, 62/1, 2ND FLOOR, RICHMOND ROAD, BANGALORE 560 026 REP: BY ITS MANAGER ... RESPONDENTS (BY SRI. B. PRADEEP, ADV. FOR R2; AND R1 NOTICE DISPENSED WITH V/O DT:16/1/14) 2 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11/9/2009 PASSED IN MVC NO.3634/2007 ON THE FILE OF 14TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE CITY (SCCH10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR ORDERS THIS DAY, N. K. PATIL J, DELIVERED THE FOLLOWING: JUDGMENT Though this matter is listed for orders, with the consent of the learned Counsel for both parties, this appeal is taken up for disposal. 2. This appeal is filed by the claimants against the impugned judgment and award dated 11.09.2009 passed in MVC No.3634/2007 on the file of the 14th Additional Judge, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore City (SCCH10) (hereinafter referred to as 'Tribunal' for brevity) awarding compensation of Rs.1,94,270/ with interest at 6% p.a. from the date of petition till the date of deposit on account of the injuries / death of the deceased Vaidyanathan, in a road traffic accident. 3 Being aggrieved by the quantum of compensation awarded by the Tribunal as inadequate, the appellants / claimants have presented this appeal. 3. Brief facts of the case are: Appellant Nos.1 and 2 are the sons of the deceased. The appellants contend that deceased Vaidyanathan was aged about 77 years and was hale and healthy prior to the accident. Be that as it may, on a fateful day i.e., 26.02.2007 at about 6.40 p.m., opposite to Café coffee day, Vidyaranyapura Main Road, Vidyaranyapura, Bangalore, a Maxi Cab Tempo Traveller bearing registration No.KA05 D4252, driven by its driver with high speed came in a rash and negligent manner and dashed Vaidyanathan. Due to the impact, he was shifted to M.S.Ramaiah Memorial Hospital, Bangalore. He was also kept in ICU and was in continuous treatment. The injured Vaidyanathan himself filed the claim petition seeking compensation but unfortunately, during the pendency of the claim petition, the deceased succumbed to the injuries on 23.12.2007, in spite of best treatment. Thereafter, the 4 claimants being the legal representatives have come on record. It is the further case of the claimants that they have lost social and moral security and also inspiration and guidance of their father as he was the head and Karta of the family. They are deprived of love and affection of the deceased. Therefore, the appellants were constrained to file a claim petition under Section 166 of M.V.Act claiming compensation. The said claim petition filed by the claimants came up for consideration before the Tribunal and the Tribunal in turn, after perusal of the oral and documentary evidence on file, allowed the claim petition in part awarding a sum of Rs.1,94,270/ under the head medical expenses as per Ex.P.18 with interest at 6% p.a. from the date of petition till the date of depositing the amount. Being dissatisfied with the same, the claimants have presented this appeal for enhancement. 4. Learned Counsel for the appellants submits that the Tribunal has awarded only compensation of Rs.1,94,270/ towards medical expenses as per Ex.P.18 but erred in not awarding any compensation towards 5 loss of dependency, loss of estate, loss of love and affection and transportation and funeral expenses. He also submits that the deceased was a retired employee and getting a pension of Rs.1,500/ p.m., and he being the Karta of the famil