MUDIGERE v. M G ROAD
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 33. On account of the death of one Nivedith J, in the accident occurred on 15.4.2008 due to the negligence of the driver of the car bearing No.KA 04 ME 2586, while the claimant was walking on the left side of the road near Vijaynagar…
- Para 66. As the age of the deceased is more than 40 years, the average prospects i.e., deemed future income should have been taken at 30% instead of 50% on the average salary drawn per month. Hence, if the income of the deceased is taken at…
Judgment
( By Sri. A N KRISHNA SWAMY & Sri. B PRADEEP, ADVS ) AND : 1 2 SMT M M USHA W/O O.S. JAGANATH, AGED 50 YEARS, R/O OUSNA VILLAGE, BETTEGERE POST, MUDIGERE TALUK, CHIKMAGALUR DISTRICT. O.S. JAGANNATH, S/O LATE SHIVANNAGOWDA, AGED 53 YEARS, AGRICULTURIST & COOLIE. 2 R/O OUSNA VILLAGE, BETTEGERE POST, MUDIGERE TALUK, CHIKMAGALUR DISTRICT. 3 S/O NARASIMHAMURTHY, M.N. HARSHA NOW AGED 25 YEARS, R/AT # 24, 1/1, 1ST TEMPLE ROAD, 10TH CROSS, MALLESHWARAM, BANGALORE-560055. 4 M.S. NARASIMHAMURTHY, 58 YRS S/O M V SOORAPPA, NO.87, PANCHAVATHI APARTMENT, 15TH CROSS, MALLESWARAM, BANGALORE-560055. ...RESPONDENTS ( By Sri. N R RAVIKUMAR & Sri. K S GANESH, ADVS FOR R1 & C/R2, Sri. B N JAYADEVA, ADV FOR R3 & 4 ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.9.2010 PASSED IN MVC NO.396/2008 ON THE FILE OF PRINCIPAL DISTRICT JUDGE & AWARDING A CHIKMAGALUR, MEMBER, COMPENSATION OF RS.14,36,207/- WITH INTEREST @ 6% P.A. FROM THE DATE OF APPLICATION TILL REALISATION. MACT, MFA NO.3174/2011: BETWEEN : 1 SMT M M USHA W/O O.S. JAGANATH, AGED 49 YEARS, R/O OUSNA VILLAGE, BETTEGERE POST, MUDIGERE TALUK, CHIKMAGALUR DISTRICT. 3 2 O.S. JAGANATH S/O LATE SHIVANNAGOWDA, AGED 50 YEARS, AGRICULTURIST & COOLIE, R/O OUSNA VILLAGE, BETTEGERE POST, MUDIGERE TALUK, CHIKMAGALUR DISTRICT. ...APPELLANTS ( By Sri. N R RAVIKUMAR & Sri. K S GANESH, ADVS) AND : 1 M.N. HARSHA S/O NARASIMHAMURTHY, NOW AGED 24 YEARS, R/AT # 24/1/1, 1ST TEMPLE ROAD, 10TH CROSS, MALLESHWARAM, BANGALORE-560055. 2 M.S. NARASIMHAMURTHY, 57 YRS, S/O M V SOORAPPA, NO.87, PANCHAVATHI APARTMENTS, 15TH CROSS, MALLESWARAM, BANGALORE-560055. 3 THE REGIONAL MANAGER, M/S NATIONAL INSURANCE CO LTD., NO. 144, SHUBHARAM COMPLEX, M G ROAD, BANGALORE-560001. ...RESPONDENTS ( By Sri. A N KRISHNA SWAMY, ADV FOR R-3 ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.9.2010 PASSED IN MVC NO.396/2008 ON THE FILE OF PRINCIPAL DISTRICT JUDGE & MEMBER, MACT, CHIKMAGALUR, SEEKING ENHANCEMENT OF COMPENSATION. 4 THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT In MFA No.3174/2011, delay of 91 days in preferring the appeal is condoned. Misc. Cvl.7995/2011 is allowed.
These two appeals are arising out of the award passed by the Prl. District Judge and MACT, Chickmagalur in MVC No.396/2008.
On account of the death of one Nivedith J, in the accident occurred on 15.4.2008 due to the negligence of the driver of the car bearing No.KA 04 ME 2586, while the claimant was walking on the left side of the road near Vijaynagar, 1st B main road, Bangalore, on the claim petition filed by the parents of the deceased, the Tribunal having held that accident was due to the negligence on the part of the driver of the vehicle in question and also having noticed the earnings 5 of the deceased and that he was a student studying B.B.M. and was also working and earning Rs.10,000/- per month, by taking the total income of the deceased at Rs.15,000/- per month and after deducting 50% towards personal expenses, has awarded a total compensation of Rs.14,36,207/- with 6% interest.. Challenging the quantum of compensation awarded, the insurer is before this Court in MFA No.1448/2011 and the claimants, being the parents of the deceased, are before this Court in MFA No.3174/2011 seeking for enhancement of compensation.
Heard.
According to the learned counsel for the insurer, the quantum of compensation awarded is on the higher side and the income taken is also on the higher side. The claimant was a student and was also working. The salary certificate issued cannot be relied upon. 6
As the age of the deceased is more than 40 years, the average prospects i.e., deemed future income should have been taken at 30% instead of 50% on the average salary drawn per month. Hence, if the income of the deceased is taken at Rs.12,500/- per month, after deducting 50% towards personal expenses, the total loss of dependency would come to Rs.9,75,000/-. The claimants are also entitled for Rs.40,000/- towards conventional heads and for Rs.2,57,000/- towards medical expenses incurred. Thus, claimants are entitled for Rs.12,72,000/-, in modification of the award of the Tribunal, with 6% interest from the date of petition till deposit. Accordingly, appeal filed by the insurer is allowed in part and the appeal filed by the claimants is dismissed. SD/- JUDGE Bkp
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.