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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
K. SOMASHEKAR, J.
SMT. SAVITA SURESH NAIK – Appellant
Versus
SHRI GANAPATI S/O PARASHURAM CHALWADI – Respondent
M.F.A. Nos. 21386 & 21592 of 2011
Decided On : 15-06-2017
Motor Vehicles Act,1988 - Section 166 – Accident -Compensation Claim - Deceased was proceeding towards on his motor cycle bearing and when he reached near village a Tempo Trax bearing came from opposite direction driven in a high speed and rash and negligent manner by its driver and dashed against motor cycle of deceased - Whether quantum of compensation awarded by is just and reasonable - Whether income of deceased determined by Tribunal at per month is just and proper whether was justified in awarding just compensation under other conventional heads? Whether person was self-employed or was engaged on fixed wages - Held, Court deem it proper to enhance same by a further amount of which comes to a total of under said head - Further as against granted towards funeral and obsequies is enhanced by a further sum of and total amount under said head thus comes to Thus claimants/appellants in are entitled to a total compensation of as against awarded by in view of discussion made supra appeal filed by Insurer of offending vehicle is liable to be dismissed inasmuch as same is devoid of merit - For reasons stated supra appeal filed by claimants requires to be allowed - Deceased has left behind him his wife and two minor children who have permanently lost love and affection of their father who was bread earner in family compensation awarded by under other conventional heads are on lower side - Appeal Allowed
1. Heard the learned counsel for the parties and perused the records.
2. MFA No. 21386/2011 is preferred by the legal heirs and dependants of the deceased Suresh Hanumanth Naik who died in a motor accident that occurred on 25.06.2008, seeking enhancement of the compensation awarded by the Additional MACT, Yellapur dated 24.09.2010 passed in M.V.C. No. 85/2008. Whereas, MFA No. 21592/2011 is filed by the United India Insurance Company Limited., the insurer of the Tempo Trax bearing registration No. KA-31-4789.
3. As these two appeals, the first one, preferred by the claimants for enhancement of compensation and the other one filed by the insurer of the offending vehicle, arose out of the same accident and the Judgment and award passed by the Tribunal in MVC No. 85/2008, they are clubbed together, heard and disposed of by this common judgment.
4. For the purpose of convenience, the parties are referred to in these appeals, according to their rank before the claims Tribunal.
5. Briefly stated, the facts of the case are:
That on 25.06.2008 at about 3.00 p.m. when the deceased Suresh Hanumanth Naik was proceeding towards Yellapur on his motor cycle bearing No. KA-31-J-7372 and when he reached near Dongrinal village, a Tempo Trax bearing No. KA-31/4789 came from opposite direction driven in a high speed and rash and negligent manner by its driver and dashed against the motor cycle of the deceased. As a result, he sustained severe head injuries and died on the way to the hospital. As per the averments made in the claim petition, the deceased was working as an LIC agent and earning Rs. 15,000/- per month. Due to the untimely death of the deceased, the petitioners having lost the bread earner in the family, they filed a claim petition U/s. 166 of the Motor Vehicles Act, against the owner and insurer of the Tempo Trax, seeking compensation of Rs. 20,00,000/- .
6. In support of their claim, the claimant No. 1 examined herself as PW-1, apart from examining PW-2 and got marked Ex.P.1 to P.13. On behalf of the respondent-insurer, no evidence either oral or document has been adduced. After evaluation of the oral and documentary evidence on record, the Tribunal awarded total compensation of Rs. 9,82,000/- under the following heads:-
| S. No. | Headings | Amount |
| 1. | Loss of dependency | Rs. 9,60,000 |
| 2. | Loss of consortium to the petitioner | Rs. 10,000 |
| 3. | Loss of love and affection towards petitioner Nos. 2 and 3 | Rs. 5,000 |
| 4. | Loss of transportation of dead body | Rs. 2,000 |
| 5. | Funeral expenses | Rs. 5,000 |
|
| Total | Rs. 9,82,000 |
7. During the enquiry before the Tribunal the claimants have established the occurrence of accident, involvement of the offending vehicle, rash and negligent driving of its driver and its insurance coverage. Being not satisfied with the quantum of compensation, the dependants of the deceased Suresh Hanumanth Naik have preferred MFA No. 21386/2011, seeking enhancement of compensation. Whereas, challenging the quantum of compensation, the insurer has preferred MFA No. 21592/2011.
8. Sri. T.M. Nadaf, the learned counsel for the claimants in M.F.A. No. 21386/2011 has vehemently contended that the Tribunal has erred in not awarding reasonable compensation under the head ‘loss of dependency’ where the claimants have lost the deceased who was the source to eke out their livelihood. To substantiate his submission, the counsel is quick to point out that the deceased who was aged 37 years was by profession an agent in LIC and earning a sum of Rs. 15,000/- per month by commission. As he was looking after the welfare of the family consisting the first claimant – the wife and the second and third claimants – the minor children, the income of the deceased requires to be re-assessed by considering the evidence of PW-1 and PW-2 as
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