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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF FEBRUARY, 2020

PRESENT

THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA

AND

THE HON’BLE MR.JUSTICE H.P.SANDESH

M.F.A.NO.2422/2017(MV-D)

BETWEEN

THE BRANCH MANAGER

NATIONAL INSURANCE CO. LTD.,

DIV. OFFICE - 5,

UNITY BUILDING ANNEX

P. KALINGA RAO ROAD

LALBAGH, MISSION ROAD

BENGALURU

APPELLANT IS REP. HEREIN BY :

THE ADMINISTRATIVE OFFICER

NATIONAL INSURANCE CO. LTD.,

BENGALURU REGIONAL OFFICE

SUBHARAM COMPLEX

144, MAHATMA GANDHI ROAD,

BENGALURU – 560001

…APPELLANT

(BY SRI C.M.POONACHA, ADVOCATE)

AND

1.

SMT B.NAGALAMBIKA

W/O LATE S.SHIVASHANKARA ARADHYA

AGED ABOUT 50 YEARS

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2.

SHIVARUDRA S. ARADHYA

S/O LATE S SHIVASHANKARA ARADHYA

AGED ABOUT 22 YEARS

3.

PRAMATHESHWARA S ARADHYA

S/O LATE S SHIVASHANKARA ARADHYA

AGED ABOUT 21 YEARS

4.

KUMAR C UMADEVI

D/O LATE C K SHIVANNA

AGED ABOUT 52 YEARS

ALL ARE RESIDENTS OF NO.475,

1^ST CROSS, SHANKARA MUTT ROAD

CHIKKABALLAPUR

5.

R. JANARDHAN

S/O K N RAMACHANDRA

AGED ABOUT 40 YEARS

WARD NO.20, NANDI ROAD

CHIKKABALLAPUR

…RESPONDENTS

(BY SMT.SUGUNA R REDDY, ADVOCATE FOR R1 TO R4;

VIDE ORDER DATED 23.10.2017, NOTICE TO R5 IS

DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV

ACT

AGAINST

THE

JUDGMENT

AND

AWARD

DATED

14.10.2016 PASSED IN MVC NO.32/2013 ON THE FILE OF

THE

PRINCIPAL

SENIOR

CIVIL

JUDGE

&

CJM,

AT

CHIKKABALLAPUR,

AWARDING

COMPENSATION

OF

RS.22,13,600/- WITH INTEREST @6% P.A. FROM THE DATE

OF PETITION TILL REALISATION.

THIS APPEAL COMING ON FOR ORDERS THIS DAY,

SATYANARAYANA J., DELIVERED THE FOLLOWING:

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JUDGMENT

Respondent No.2-Insurer in MVC No.32/2013 on the

file of the Principal Senior Civil Judge & CJM, Chikkaballapur,

has come up in this appeal challenging the judgment and

award dated 14.10.2016 on the limited ground that the

Tribunal while assessing compensation has committed grave

error in taking the salary income for entire multipler ‘11’ and

the same should have been considered on spilt multiplier

basis.

2.

The brief facts leading to this appeal are:

The claim petition is filed by the widow, children and

unmarried sister of S.Shivashankara Aradhya, who is the

victim in the road traffic accident.

3.

The records would indicate that on 19.12.2010 at

about 8.15 a.m., when the victim was riding his cycle he was

hit by a motor cycle bearing No.KA-40-K-5425 resulting in

his instant death. The accident is not in dispute and so also

death of the victim S.Shivashankara Aradhya in the said

accident.

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4.

In the said proceedings, it was contended that

the victim was working as an Attender in a Co-operative

Bank and his age was 53 as on the date of the accident and

his monthly income was Rs.21,891/-. The evidence which is

adduced before the Tribunal would confirm the age,

relationship of the parties as well as his income in terms of

the documents which are produced at Exs.P10 to P16. The

other documents are police documents which support the

accident as well as the death of the victim. It is in this

background, the Tribunal by deducting a sum of Rs.950/-

towards professional tax and income tax, proceeded to take

the income of the victim at Rs.20,941/- p.m. and applying

‘11’ multiplier, awarded compensation to claimants in a sum

of Rs.22,13,600/- payable with interest at 6% p.a. The said

judgment is under challenge before this Court only on the

ground that the ‘multiplier’, which is adopted by the Tribunal

is erroneous on the ground that at the relevant point of time

of accident the victim was aged about 53 years and

according to the evidence, which has come on record, the

victim had another six years of service, in the organization

where he was working the retirement age being 58 years.

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5.

It is in this background, respondent No.2-

insurance