Karnataka High Court
Annapurna And Ors vs The Deputy Commissioner Of Police And ... on 2 July, 2024
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NC: 2024:KHC-K:4480-DB
MFA No. 203934 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO. 203934 OF 2023 (MV-D)
BETWEEN:
1. SMT. ANNAPURNA
W/O LATE SHIVARAJ BAIRAWADAGI,
AGE: 40 YEARS, OCC: HOUSEHOLD.
2. KUMARI VEDAVATI
D/O LATE SHIVARAJ BAIRAWADAGI,
AGE: 15 YEARS, OCC: STUDENT
MINOR U/G OF HER NATURAL MOTHER APPELLANT
NO.1.
Digitally signed by 3. KUMAR MANJUATH
BASALINGAPPA
SHIVARAJ S/O LATE SHIVARAJ
DHUTTARGAON AGE: 11 YEARS, OCC: STUDENT,
Location: HIGH
COURT OF MINOR U/G OF APPELLANT NO.1 HIS MOTHER.
KARNATAKA
ALL ARE RESIDENCE OF GADAG NOW RESIDING AT
VILLAGE INACHAGI, TQ. MIDDEBIHAL,
DISTRICT: VIJAYAPURA.
...APPELLANTS
(BY SMT. SHIVALEELA S.S., ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER OF POLICE
TRAFFIC WEST DIVISION,
YESHWANTHAPUR, BANGALORE- 560 022.
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NC: 2024:KHC-K:4480-DB
MFA No. 203934 of 2023
2. KARNATAKA GOVERNMENT
INSURANCE DIRECTORATE,
(KGID) 14TH, 19TH FLOOR,
VISVESHVARAYA MAIN TOWER,
DR B R AMBEDKAR VEDHI, BANGALORE -560001.
S/S THROUGH KGID OFFICE,
NEAR IBRAHIMPUR RAILWAY GATE,
VIJAYAPURA.
(POLICY NO.170057762
VALID FROM 04.05.2018 TO 03.05.2019).
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY SETTING ASIDE THE JUDGEMENT AND
AWARD DATED 22.10.2021 PASSED IN MVC NO.1070/2019 BY
THE COURT OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT
VII AT VIJAYAPURA VIDE ANNEXURE-I AND FURTHER BE
PLEASED TO ENHANCE THE TOTAL COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY
RAJESH RAI K J., DELIVERED THE FOLLOWING:
JUDGMENT
This miscellaneous first appeal is filed by the appellants-petitioners under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) challenging the judgment and award dated 22.10.2021 passed in MVC No.1070/2019 by the II Addl. Senior Civil Judge and MACT-VII, Vijayapura (hereinafter referred to as 'the Tribunal', for short). -3-
NC: 2024:KHC-K:4480-DB MFA No. 203934 of 2023
2. For the sake of convenience, parties are referred to as per their ranking before the Claims Tribunal.
3. Facts giving rise to the filing of the appeal briefly stated are that:
On 23.05.2018 at about 1.15 a.m., while the deceased Shivaraj was crossing the road near Gayatri Vihar Parking Yard, Aramane Garden Gate No.4 at Bengaluru, at that time, Mahindra Bolero Vehicle bearing registration No.KA-02/G-1989 came with high speed in a rash and negligent manner and dashed to the deceased. Due to the said impact, the deceased Shivaraj sustained fatal injuries and died on the way to the hospital.
4. It is further contended that, prior to the accident, deceased was hale and healthy, aged 43 years, and he was earning Rs.20,000/- per month out of his avocation as watchman and Rs.20,000/- per month out of his avocation as Watchman. In view of the sudden and untimely death of deceased, the petitioners have lost their -4- NC: 2024:KHC-K:4480-DB MFA No. 203934 of 2023 beloved family member and his earnings. Hence, they filed a claim petition seeking compensation.
5. After service of notice, respondent Nos.1 and 2 entered appearance, however did not file objection statement.
6. On the basis of pleadings, the Tribunal framed relevant issues for consideration.
7. On the basis of material evidence both oral and documentary and on hearing the submissions of learned counsel for both the parties, Tribunal awarded compensation of Rs.10,46,112/- with interest @ 6% p.a. to the petitioners. Being aggrieved by the quantum of compensation awarded by the Tribunal, the petitioners are before this Court seeking enhancement of compensation.
8. Heard the learned counsel for the petitioners and learned counsel for respondents.
9. Learned counsel for the petitioners contended that the Tribunal has failed to add future prospects in view -5- NC: 2024:KHC-K:4480-DB MFA No. 203934 of 2023 of the law laid down by the Hon'ble Apex Court in the case of National Insurance Co., Ltd., vs. Pranay Sethi and others reported in AIR 2017 SC 5157. He also contends that the compensation awarded by the Tribunal under other heads is on the lower side. Hence, the learned counsel seeks indulgence of this Court to allow the appeal and to enhance the compensation.
10. Per contra, learned counsel for the respondent - HCGP supports the impugned judgment and award passed by the Tribunal. She further submits that the compensation awarded by the Tribunal is just and proper and does not call for any interference. Hence, prays to dismiss the appeal.
11. It is not in dispute with regard to accident and also death of Shivaraj in the road traffic accident. In order to prove the negligence on the part of the driver of the Mahindra Bolero, the petitioners have produced certified copy of FIR at Ex.P1 and copy of the charge sheet marked at Ex.P6, which discloses that the accident has occurred -6- NC: 2024:KHC-K:4480-DB MFA No. 203934 of 2023 due to the rash and negligent driving by the driver of the offending vehicle. The Tribunal was justified in recording a finding that the accident was occurred due to rash and negligent driving by the driver of the Mahindra Bolero.
12. Insofar as quantum of compensation is concerned, the deceased was aged 45 years as on the date of the accident as per Post mortem report. It is contended that he was working as Watchman and earning Rs.20,000/- per month. In support of the contention, the petitioners have not tendered any evidence.
13. In the absence of any evidence or proof of income, the notional income of the deceased can be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Since the accident has taken place in the year 2018, the notional income has to be taken at Rs.11,750/- p.m. as per chart. In view of the law laid down by the Constitution Bench of the Hon'ble Supreme Court in National Insurance Co., Ltd., vs. Pranay Sethi and others reported in AIR 2017 SC -7- NC: 2024:KHC-K:4480-DB MFA No. 203934 of 2023 5157, to the aforesaid amount, 25% has to be added towards future prospects as the deceased was aged about 45 years. Thus, the monthly income comes to Rs.14,687/. Out of which, it is appropriate to deduct 1/3rd towards personal expenses and therefore, the monthly income comes to Rs.9,792/- (14,687-4895).
14. As on the date of the accident, the deceased was aged 45 years, as per the decision of Hon'ble Apex Court in the case of SARLA VERMA (SMT) & OTHERS VS. DELHI TRANSPORT CORPORATION & ANOTHER, reported in (2009) 6 SCC 121, the multiplier applied to the age group of the petitioner is 14 which is rightly taken by the tribunal. Therefore, the petitioners are entitled for a sum of Rs.16,45,056/-(9,792/- x 12 x 14) on account of loss of dependency.
15. The petitioners are the wife, and two children of the deceased. In view of the law laid down by the Hon'ble Supreme Court in Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & Others -8- NC: 2024:KHC-K:4480-DB MFA No. 203934 of 2023 reported in 2018 ACJ 2782, each of the petitioners are entitled for a sum of Rs.48,000/- under the head of 'loss of consortium', which comes to Rs.1,44,000/.
16. In addition, the petitioners are entitled to Rs.15,000/- on account of 'loss of estate' and Rs.15,000/- towards 'funeral expenses and transportation of dead body'.
17. Thus the petitioners are entitled for a total compensation of Rs.17,95,056/- as against Rs.10,46,112/- awarded by the Tribunal. Hence, the petitioners are entitled for enhanced compensation of Rs.7,48,944/-.
18. Accordingly, we proceed to pass the following;
ORDER
(a) The appeal is allowed in part.
(b) The petitioners are entitled for a total compensation of Rs.17,95,056/- as against Rs.10,46,112/- awarded by the Tribunal.
(c) The petitioners are entitled for an enhanced compensation of Rs.7,48,944/- -9-
NC: 2024:KHC-K:4480-DB MFA No. 203934 of 2023 along with interest at the rate of 6% p.a. from the date of claim petition till the date of realization of amount.
(d) The Respondents are directed to deposit the compensation amount along with interest, within a period of eight weeks from the date of receipt of copy of this order.
(e) All other terms and conditions stipulated by the Tribunal shall remain intact.
Sd/-
JUDGE Sd/-
JUDGE MSR List No.: 1 Sl No.: 37 CT;BN