Karnataka High Court
Ramesh And Ors vs Shivakumar Nashi on 3 July, 2024
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NC: 2024:KHC-K:4545
MFA No. 203069 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3 RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO. 203069 OF 2023 (MV-D)
BETWEEN:
1. RAMESH S/O NAGAPPA
AGE: 35 YEARS, OCC: LABOUR,
2. BHAGYALAXMI D/O RAMESH
AGE: 12 YEARS, OCC: STUDENT,
3. RAKSHITA D/O RAMESH
AGE: 10 YEARS, OCC: STUDENT,
4. PRASHANTH S/O RAMESH
AGE: 9 YEARS, OCC: STUDENT,
APPELLANT NO.2 TO 4 ARE MINORS,
Digitally signed by
SHIVALEELA UNDER GUARDIANSHIP OF CLAIMANT NO.1,
DATTATRAYA UDAGI THEIR FATHER,
Location: HIGH ALL ARE R/O. CHANGLER,
COURT OF
KARNATAKA TQ. CHITGUPPA,
DIST. BIDAR-585412.
...APPELLANTS
(BY SMT PATIL SHANTABAI SUBHASH, ADVOCATE)
AND:
1. MR. SHIVAKUMAR NASHI
S/O REVANSIDDAYYA NASHI
AGE: 54 YEARS, OCC: BUSINESS,
R/O. H.NO.4-10-371/131,
UDAGI ROAD NEAR LOINS CLUB,
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NC: 2024:KHC-K:4545
MFA No. 203069 of 2023
MAHATMA GANDHI NAGAR,
SEDAM, DIST. KALABURAGI-585 222.
2. TVS INSURANCE BROKING LIMITED
THROUGH ITS SERVICE BRANCH MANAGER,
DOOR NO.3 PLOT NO.40 MAHANT ARCADA NAGAR
CL,
KALABURAGI-585103.
...RESPONDENTS
(R2 IS SERVED;
VIDE ORDER DATED 02.04.2024 NOTICE TO R1 IS,
DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE JUDGEMENT AND
AWARD DATED 10.10.2022, PASSED BY THE ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, BIDAR AND MOTOR
ACCIDENT CLAIMS TRIBUNAL AT BIDAR IN MVC NO.495/2021
AND PLEASED TO ENHANCE THE COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimants in MVC.No.495/2021 on the file of the Addl. Senior Civil Judge & JMFC & MACT, Bidar (hereinafter for short referred to as 'Tribunal') against judgment and award passed in the said case dated 10.10.2022 claiming for enhancement of compensation. -3-
NC: 2024:KHC-K:4545 MFA No. 203069 of 2023
2. The parties will be referred to as per their ranks before the Tribunal for sake of convenience.
3. Brief facts of the case are that on 24.08.2021 around 10:00 p.m. the deceased-Shantamma was waiting for bus at Meenkera cross, to go to her village Changler. At that time driver of lorry bearing Reg.No.KA-32/D-4549 drove the said vehicle in a rash and negligent manner and dashed against deceased-Shantamma. As a result of impact, the deceased sustained fatal injuries and died at the spot.
4. It is further case of the claimants that she was aged about 30 years and labour, earning Rs.400/- per day and contributing to the family. The claimants are husband and children. With these reasons they prayed to award compensation of Rs.30,00,000/-. -4-
NC: 2024:KHC-K:4545 MFA No. 203069 of 2023
5. The respondents No.1 and 2 denied the contentions of the claimants and prayed for dismissal of the claim petition.
6. From the rival contentions of both the parties, the Tribunal had framed the necessary issues for its determination.
7. The claimants were examined PW.1 and got marked Ex.P.1 to 7. The respondents have not led oral or documentary evidence.
8. The Tribunal after hearing both the parties and appreciating the evidence available on record had awarded the following amount of compensation:-
Sl.No. Compensation heads Compensation amount
1. Towards loss of dependency Rs.20,94,264/-
2. Towards loss of consortium Rs.40,000/-
3. Towards loss of Filial consortium Rs.1,20,000/-
4. Towards transportation of dead Rs.15,000/-
body, funeral and obsequies ceremony expenses Total Rs.22,69,264/-
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9. I have heard the arguments of learned counsel for the appellant and there is no representation on behalf of respondents.
10. The learned counsel for the claimants submits that there were four dependents on the income of the deceased. Therefore, the Tribunal ought to have deducted 1/4th of her income towards personal expenses. The Tribunal could have assessed notional income as per the chart prepared by the KSLSA and calculated the amount of compensation. The compensation awarded on other heads also on the lower side. Therefore, prayed to enhance the same.
11. The fact of accident, the death of deceased due to vehicle accident are not in dispute.
12. The Tribunal on appreciating the evidence, accepted the age of the deceased as 30 years; her income -6- NC: 2024:KHC-K:4545 MFA No. 203069 of 2023 as Rs.11,000/- per month, added 40% future prospects, deducted 1/3rd and calculated amount of compensation towards loss of dependency.
13. The claimants have contended that the deceased was earning Rs.400/- per day. They were unable to substantiate the same. Therefore, the Tribunal had taken notional income of the deceased as Rs.11,000/- per month. As per the chart prepared by the KSLSA, notional income could be taken as Rs.14,250/-. 40% of her income has to be added towards future prospects and 1/4th has to be deducted towards personal expenses since she left behind her four dependents. The suitable multiplier applicable in this case is '17', as age of the deceased is 30 years. On the basis of said figures, the compensation under the head loss of dependency is recalculated as Rs.30,52,350/- (14,250/- + 40% x 12 x 17 x 1/4). -7-
NC: 2024:KHC-K:4545 MFA No. 203069 of 2023
14. The Tribunal had not awarded compensation under the conventional head as per the law laid down in the case of National Insurance Company Limited vs. Pranay Shethi and others1 and Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and others2, which needs to be recalculated. Accordingly, the compensation is recalculated as under:-
Sl. Heads Compensation
No. Awarded by this
Court
1. Loss of dependency Rs.30,52,350/-
(14250+40%x12x17x1/4)
2. Loss of consortium Rs.1,76,000/-
3. Loss to estate Rs.16,500/-
4. Funeral expenses Rs.16,500/-
Total Rs.32,61,350/-
Amount awarded by the Tribunal Rs.22,69,264/-
Enhancement Rs.9,92,086/-
15. The claimants are entitled for enhancement of Rs.9,92,086/- along with interest on the said amount at 1 (2017) 16 SCC 680 2 (2018) 18 SCC 130 -8- NC: 2024:KHC-K:4545 MFA No. 203069 of 2023 the rate of 6% per annum from the date of petition till its realization.
16. Respondent No.2 is liable to pay the said compensation with interest. Accordingly, above question is answered partly in the affirmative and pass the following;
ORDER i. The appeal is allowed in part.
ii. The impugned judgment and award passed by the Addl. Senior Civil Judge & JMFC & MACT, Bidar in MVC.No.495/2021 dated 10.10.2022 is modified;
a) The claimants are entitled for enhancement of compensation of Rs.9,92,086/- with interest on the enhanced amount of compensation at the rate of 6% per annum from the date of petition till its realization. -9-
NC: 2024:KHC-K:4545 MFA No. 203069 of 2023 iii. The respondent No.2 - insurance company shall deposit the said amount with interest within a period of 02 months from the date of receipt of copy of this order.
iv. The order pertaining to apportionment, deposit and release etc., passed by the Tribunal, is not disturbed.
v. The registry is directed to send a copy of this judgment to the Tribunal.
Sd/-
JUDGE SDU LIST NO.: 1 SL NO.: 24 CT:PK