High Court of Karnataka (Circuit Bench At Dharwad)
N.K. PATIL & B. MANOHAR, JJ.
B.R. Suma @ Radha & Others
Versus
Yamanoor Sab Katarki & Others
M.F.A. No. 23255 of 2012 (MV) c/w M.F.A. No. 23252 of 2012 (MV)
Decided on: 25-06-2013
Motor Accident Claims Tribunal - Compensation - Motor Vehicles Act - Section 166 - Sarla Verma's case (2009 ACJ 1298)
Fact of the Case:
The appeals were filed against the judgment and award of the Motor Accident Claims Tribunal, which awarded compensation for the death of two individuals in a road accident. The claimants sought enhancement of the compensation amount.
Finding of the Court:
The court found that the Insurance Company is liable to indemnify the entire award amount as per the terms and conditions of the package policy. The court also held that the quantum of compensation awarded by the Tribunal was just and reasonable and did not call for interference.
Issues: 1. Whether the Tribunal is justified in directing the Insurer to deposit only Rs.1,00,000/- with 7% interest instead of fastening the entire compensation? 2. Whether the quantum of compensation awarded by Tribunal is just and reasonable?
Ratio Decidendi: The Insurance Company is liable to indemnify the entire award amount as per the terms and conditions of the package policy. The court also found that the compensation awarded by the Tribunal was just and reasonable.
Final Decision: The appeals were allowed in part, and the judgment and award of the Motor Accident Claims Tribunal were set aside only insofar as it related to the direction issued to the Insurer to deposit only a sum of Rs.1,00,000. The liability was fixed jointly and severally on the driver, owner, and Insurer of the offending vehicle. The Insurance Company was directed to deposit the entire compensation with interest within three weeks.
1. Both these appeals by the claimants of the deceased B.H. Ramesh and Mahantesh Naik are directed against the impugned common judgment and award dated 29th February, 2012 passed in MVC No.359/2010 and M.V.C.No.358/2010, by Member, Motor Accident Claims Tribunal and District And Sessions Judge Court, Koppal, (for short, 'Tribunal' ), awarding compensation of a sum of Rs.29,23,726/- and Rs. 27,31,027/- under different heads, with 7% interest per annum, from the date of petition till the date of realization, on the ground that, the said compensation awarded by Tribunal is inadequate and requires enhancement.
2. The facts in brief are that, the claimants in M.F.A.No.23255/2012 (M.V.C.No.359/2010) are the wife, children and mother of the deceased B.H. Ramesh and claimants in M.F.A.No.23252/2012 (M.V.C. No. 358/2010) are the wife and children of the deceased Mahantesh Naik. The claimants of both the deceased persons filed separate claim petitions under Section 166 of the Motor Vehicles Act, contending that at about 6:30 P.M, on 17-01-2010, when the deceased persons namely B.H. Ramesh and Mahantesh Naik were returning from Dharwad and going towards Hospet, after attending the meeting at Dharwad along with their colleague in a Scorpio Car bearing No.KA-35/M-5856, near Halageri village of Koppal Taluk, on NH-63, they met with the accident due to rash and negligent driving by the driver of the said Scorpio Car and due to the impact, both the deceased persons sustained grievous head injuries and succumbed to the same.
3. On account of the death of the deceased persons, the claimants filed separate claim petitions before the Tribunal, seeking compensation of a sum of Rs.50.47 lakhs and Rs.55.57 lakhs respectively against the driver, owner and Insurer of the offending Scorpio Car. The said claim petitions had come up for consideration before the Tribunal on 29th February, 2011. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed both the claim petitions in part, awarding a sum of Rs.29,23,726/- and Rs.27,31,027/-under different heads, with 7% interest per annum, from the date of petition till the date of realization, by assessing the income of the deceased persons as per their salary Certificates, deducting towards their personal expenses and adopting the suitable multiplier as per the age of the deceased persons in the light of the decision of the Hon'ble Supreme Court in Sarla Verma's case (2009 ACJ 1298). Being dissatisfied with the quantum of compensation awarded by Tribunal, the claimants of both the deceased persons have filed these two appeals before this Court, seeking enhancement of compensation.
4. We have heard learned counsel appearing for the claimants in both the appeals and learned counsel appearing for Insurer, for considerable length of time.
5. The principal submission canvassed by the learned counsel appearing for claimants is that the Tribunal grossly erred in applying the multiplier of 13' in M.V.C.No.358/2010, when in fact, it ought to have adopted multiplier of 15' as the deceased Mahantesh Naik was aged about 40 years as on the date of accident. Further, he submitted that the Tribunal erred in not awarding reasonable compensation towards the conventional heads, for the reason that, the claimants are the wife, children and mother (M.V.C.No.359/2010) and wife, and children in (M.V.C.No.358/2010). The wives have lost their respective life partners at young age, the children have lost the love and affection, guidance, support and inspiration from their father and the aged mother has lost the social, financial and moral support from her son and she is deprived of seeing the bright future of her son. He further submits that, on account of the untimely death of the deceased persons, the claimants in both the appeals are put to great financial difficulties. Therefore, as per the decision of the Hon'ble Apex Court in Sarla Verma's c
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