Manager Vs Smt. Manjula (Karnataka High Court)
The Karnataka High Court considered an appeal filed by The New India Assurance Co. Ltd. challenging the award dated 03.09.2014 passed by the Motor Accident Claims Tribunal-III, Davanagere, which had awarded compensation of ₹33,79,886 with interest at 6% per annum to the legal representatives of the deceased, Manjunath G. Jannu, who died in a motor vehicle accident on 14.09.2010.
The claim petition had been filed by the deceased’s second wife, Smt. Manjula, and two children. The first wife, Smt. Latha, and her son were also parties to the proceedings. After considering the evidence led by both sides, the Tribunal awarded compensation and apportioned it between the first and second wives. Separate appeals filed by the first and second wives were pending before the High Court and were not considered in the present appeal, as they involved different issues.
The Insurance Company challenged the award on several grounds. It contended that the Tribunal had committed a mathematical error while determining the age of the deceased. According to the income tax return for the assessment year 2009-10, the deceased had himself declared his date of birth as 12.06.1958. Since the accident occurred on 14.09.2010, the deceased was 52 years old and not 42 years as recorded by the Tribunal. Consequently, it was argued that the applicable multiplier should be reduced from 14 to 11. The appellant also contended that only 10% should be added towards future prospects, that the annual rental income of ₹39,936 derived from property should be excluded while computing loss of dependency because it would continue to accrue to the claimants after the deceased’s death, and that one-fourth, instead of one-fifth, should be deducted towards the deceased’s personal expenses.
