Premavathi Shetty vs Veerabhadrappa

Huluvadi G. Ramesh, J.—These appeals by the claimants seeking enhancement of compensation are against the common judgment and award passed by the learned Senior Civil Judge & Addl. MACT, Kundapura, in MVC. Nos. 1088 & 1016/2006, dated 13th April 2010. MFA. No. 8534/2011 is filed by the first wife and children and MFA. No. 8535/2011 is filed by the second wife and children of Babu @ Prakashchandra Shetty on account of his death in the accident.

It is the case of the claimants that on 27.4.2006 at about 8.0-0 p.m. when Babu @ Prakashchandra Shetty was proceeding on motorcycle bearing registration No. KA-20-R-9033 from Hosanagara towards Sri Ramachandra Mutt side, near Karanagiri High School, Hosanagara taluk, a motorcycle bearing registration No. KA-17-L-476 came in a rash and negligent manner and dashed against the motorcycle of Babu due to which, he sustained grievous injuries. Immediately he was shifted to Government Hospital, Honnavara and thereafter to KMC Hospital, Manipal, wherein he succumbed to the injuries on 20.5.2006. Stating that they have spent an amount of Rs. 1,50,000/- towards medical expenses, Rs. 25,000/- towards funeral and obsequies and Rs. 5,000/- towards conveyance, claimants filed claim petitions before the Tribunal seeking compensation.

On the matter being contested by the respondent-insurer, the Tribunal raising relevant issues for consideration, after enquiry, holding that the accident was due to negligence on the part of the rider of the motorcycle bearing registration No. KA-17-L-476, awarded total compensation of Rs. 6,50,000/- with interest at 6% p.a. Being not satisfied, the claimants/appellants are before this Court seeking enhancement of compensation.

Heard the learned counsel representing the parties.

Deceased was aged 38 years as on the date of the accident. It is stated that he was a Contractor and also an agriculturist, earning Rs. 6,000/- per month. Taking the average income of the deceased between Rs. 4,500/- to Rs. 5,000/- per month, deducting one-fourth towards personal expenses, applying the multiplier ''15'' claimants are entitled to a sum of Rs. 6,40,000/- towards loss of dependency. As the deceased was stated to be in the hospital for nearly 15 days, claimants are entitled for a sum of Rs. 75,000/- towards medical and incidental expenses and Rs. 45,000/- towards conventional heads. Thus, in all the claimants are entitled to compensation of Rs. 7,60,000/- instead of Rs. 6,50,000/- as awarded by the Tribunal.

In modification of the impugned judgment and award passed by the Tribunal, the claimants/appellants are awarded total compensation of Rs. 7,60,000/- with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The respondent-insurer to deposit the amount within three months. The claimants/appellants are not entitled for interest on the enhanced amount for the delay period.

Appeals are allowed in part accordingly.