Karnataka High Court
Madaiah N C Dead By Lrs, Nagamma vs Mohd. Bilal Siddiqui on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:25695
MFA No. 4760 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 4760 OF 2019 (MV-D)
BETWEEN:
MADAIAH N C DEAD BY LRS
1. NAGAMMA
W/O MADAIAH N C,
AGED ABOUT 42 YEARS,
2. MAHESH N
S/O MADAIAH N C,
AGED ABOUT 25 YEARS.
BOTH ARE RESIDING AT NO.80G,
RAILWAY HOSPITAL, RAILWAY QUARTERS,
YASHAVANTHAPURA, BENGALURU.
PERMANENT R/AT NENANUR VILLAGE,
Digitally signed by B KIRUGAVALU HOBLI, MALAVALLI TQ,
K
MAHENDRAKUMAR MANDYA DISTRICT-571 418.
Location: HIGH
COURT OF 3. MAHADEVAMMA
KARNATAKA
W/O LATE B RAJU
AGED ABOUT 34 YEARS,
R/AT NO 45/3, NARASIMHASWAMY ROAD,
AKKIYAPPA GARDEN, MOHAN KUMAR NAGAR,
BENGALURU NORTH, BENGALURU-560 031,
NOW R/AT ALONG WITH HER PARENTS AFTER
THE DEATH OF HER HUSBAND.
4. SOWMYA
W/O MURALI
AGED ABOUT 31 YEARS,
R/AT KUNTANAHALLI VILLAGE,
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MFA No. 4760 of 2019
BANNUR HOBLI, T NARASIPURA TQ,
MYSURU DISTRICT-570 031.
5. SUDRAMMA N M
W/O C CHANDRASHEKAR,
AGED ABOUT 29 YEARS,
R/AT 83/A, RAILWAY QUARTERS,
RAILWAY GROUND, YASHWANTHAPURA,
BENGALURU-560 028.
...APPELLANTS
(BY SRI. SREENIVASAN M.Y., ADVOCATE)
AND:
1. MOHD. BILAL SIDDIQUI
S/O ARSHAD HUSSAIN SIDDIQUI,
MAJOR, R/O NO.131, 9TH CROSS,
MAIN ROAD, SHANTHINAGARA,
MAHADEVAPURA NAGARA,
MYSURU CITY-560 027.
2. THE BRANCH MANAGER
SBI GENERAL INSURANCE CO. LTD.,
1ST FLOOR, RUKMINI PLAZA, 1A,
SRIRAMPURA MAIN ROAD,
VIVEKANANDA CIRCLE,
80 FEET ROAD, MADHUVAN LAYOUT,
SRIRAMPURA, MYSURU-570 010.
...RESPONDENTS
(BY SRI. PRADEEP B., ADVOCATE FOR R-2;
V/O DATED 5.4.2022 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.1.19 PASSED IN MVC
NO.1409/17 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND
MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 4760 of 2019
JUDGMENT
This appeal, under Section 173(1) of the Motor Vehicles Act, arises out of the award and judgment dated January 31, 2019, passed by the Senior Civil Judge and MACT at Malavalli in MVC No.1409/2017.
2. The claimants filed a claim petition under Section 166 of the Indian Motor Vehicles Act, seeking just and proper compensation for the death of Nandisha, who succumbed to injuries sustained in a road traffic accident on October 3, 2017. The Tribunal awarded a total compensation of Rs.12,52,000/- with interest at 9% from the date of the petition until realization. The claimants, are appealing, seeking enhancement of the compensation.
3. Heard the learned counsel for the parties and perused the trial court records.
4. The death of Nandisha in a road traffic accident on October 3, 2017, is not disputed. As of the date of the accident, he was 18 years old. In the absence of proof, the notional income of the deceased is assessed at Rs.11,000/- per month as per the chart prepared by the Karnataka Legal Service Authority. Adding 40% towards future prospects and deducting 50% towards personal expenses, the claimants are entitled to compensation of Rs.16,63,200/- (11,000 x 40% = 4,400 + 11,000 = 15,400) (15,400 x 12 x 18 x 50%) towards loss of dependency.
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5. The Tribunal has not taken into account the medical expenses at Exs.P.12 and P.13, which indicated an amount of Rs.36,689/- spent towards medical expenses for the treatment of the deceased. The same is considered under the head Medical expenses.
6. The claimants are entitled to a compensation amount of Rs.2,30,000/- towards consortium, loss of estate, and funeral expenses. In total, they are entitled to a sum of Rs. 19,29,889/- as against Rs.12,52,000/- awarded by the Tribunal.
7. The claimants-appellants are entitled to enhanced compensation of Rs.6,77,889/- at 6% interest from the date of the petition till the date of realization.
8. To the aforesaid extent, the judgment passed by the Tribunal is modified. The insurer is directed to deposit the enhanced compensation amount within three months from the date of receipt of the certified copy of this order.
9. Accordingly, the appeal is disposed of.
Sd/-
JUDGE HR