Karnataka High Court
Kistayya And Ors vs Satayanarayanareddy And Anr on 25 July, 2024
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NC: 2024:KHC-K:5325-DB
MFA No.202918 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH 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.202918 OF 2023 (MV-D)
BETWEEN:
1. KISTAYYA
S/O BALAYYA KALAL
AGE: 55 YEARS,
OCC: AGRICULTURE,
2. MANJULA
W/O KISTAYYA KALAL,
AGE: 50 YEARS,
OCC : HOUSEHOLD,
Digitally signed by
BASALINGAPPA 3. RAVIKUMAR
SHIVARAJ S/O KISATAYYA KALAL
DHUTTARGAON
Location: HIGH
AGE: 18 YEARS,
COURT OF OCC : STUDENT,
KARNATAKA
ALL ARE R/O JILLEDAPALLI,
TQ: SEDAM,
DISTRICT : KALABURAGI - 585 104.
...APPELLANTS
(BY SMT. LAKSHMI G.E., ADVOCATE)
AND:
1. SATAYANARAYANAREDDY
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NC: 2024:KHC-K:5325-DB
MFA No.202918 of 2023
S/O VENKATAREDDY PATIL,
AGE: MAJOR,
OCC : AGRICULTURE,
R/O JILLEDAPALLI,
TQ: SEDAM,
DIST : KALABURAGI - 585 401.
(OWNER OF TRACTOR/TRAILER
BEARING NO KA-32/TB-1725-26).
2. THE GENERAL MANAGER
IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH MANAGER
G1, G2, G12, G13 ASIAN ARCADE,
NEAR ANAND HOTEL,
S.B. TEMPLE ROAD,
KALABURAGI - 585 104.
(INSURER OF TRACTOR/TRAILER
BEARING NO KA 32/TB-1725-26).
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DTD. 07.12.2023 NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS
AND ALLOW THIS APPEAL AND ENHANCE COMPENSATION OF
RS.59,37,000/- ALONG WITH INTEREST, BY MODIFYING THE
JUDGEMENT AND AWARD OF THE PASSED BY THE SENIOR
CIVIL JUDGE AND MACT, SEDAM DATED 20.03.2020 IN MVC
NO.258/2019, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
HON'BLE MR. JUSTICE RAJESH RAI K
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NC: 2024:KHC-K:5325-DB
MFA No.202918 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE RAJESH RAI K) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 20.03.2020 passed in MVC No.258/2019 by the Senior Civil Judge and MACT, Sedam, whereby the Tribunal has partly allowed the claim petition filed by the petitioners/appellants and awarded compensation of Rs.10,77,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization.
2. Parties to the appeal shall be referred to as per their status before the Tribunal.
3. Brief facts giving rise to filing of this appeal are that on 04.02.2018 at 10.30 a.m., on Venktapur- Madana Road, son of petitioner Nos.1 and 2 by name Naveen was proceeding in a Tractor and Trailer bearing No.KA-32/TB- 1725-26 as a Coolie in order to lift the cement for construction of cattle shed. At that time, the driver drove the said vehicle in a rash and negligent manner, due to -4- NC: 2024:KHC-K:5325-DB MFA No.202918 of 2023 which accident was occurred and the deceased-Naveen sustained grievous injuries and he died on the way to hospital. As such, the jurisdictional Police registered the case in Crime No.14/2018 and thereafter conducted the investigation and laid the charge-sheet. Since the son of the petitioners died due to the accident, the petitioners being the legal representative of the deceased-Naveen filed claim petition under Section 166 of the Act before the Tribunal seeking compensation on account of death of deceased-Naveen in the road traffic accident.
4. The respondent Nos.1 and 2 filed written statement denying averments made in the claim petition and prayed to dismiss the claim petition.
5. In order to prove the claim petition before the Tribunal, petitioner No.1 examined herself as PW.1 and got marked 10 documents as Exs.P1 to P10. On the other hand, the officer of the insurance company is examined as R.W.1 and got marked one document at Ex.R.1. -5-
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6. The Tribunal after recording the evidence, hearing on both sides and on assessment of oral and documentary evidence, allowed the claim petition in part. It is ordered that petitioners are entitled for compensation of Rs.10,77,000/- with interest at the rate of 6% per annum from the date of petition till its realization and further held that respondent Nos.1 and 2 are jointly and severally liable to pay compensation and directed respondent No.2 to deposit compensation within 60 days from the date of passing of the Award.
7. The petitioners, being aggrieved by the judgment and award passed by the Tribunal in the aforesaid petition have filed this appeal challenging the quantum of compensation and liability.
8. We have heard the learned counsel for the appellants/petitioners and learned counsel for respondent No.2-Insurance Company.
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NC: 2024:KHC-K:5325-DB MFA No.202918 of 2023
9. Learned counsel for the petitioners submits that the Tribunal erred in considering the monthly income of the deceased. The Tribunal ought to have taken the notional income of the deceased as per the chart issued by the Karnataka Legal Services Authority. On the other hand, the Tribunal has taken the notional income of the deceased at Rs.9,000/- per month which is on the lower side. He further contend that the compensation awarded under other heads is on the lower side. Hence, on these grounds, he prays to allow the appeal.
10. Per contra, learned counsel for respondent No.2 submits that the petitioner was traveling in the said Tractor as unauthorized passenger and that the vehicle was used for commercial purpose and the driver of the vehicle did not holding valid driving licence as on the date of accident and thereby violated the policy conditions. Hence, on these grounds, she prays to dismiss the appeal.
11. Perused the records and considered the submissions of learned counsel for the parties. The points -7- NC: 2024:KHC-K:5325-DB MFA No.202918 of 2023 that arise for our consideration are with regard to quantum of compensation.
12. It is not in dispute that deceased-Naveen met with accident and sustained grievous injuries and succumbed to the injuries. The accident has occurred due to rash and negligent driving of the driver of the Tractor and Trailer. In order to prove the negligence on the part of the rider of the offending vehicle, the petitioners have produced certified copies of FIR and charge sheet. They are marked as Exs.P1 and P3. The Tribunal considering Exs.P1 and P3 has held that the accident has occurred due to rash and negligent driving of the driver of the offending vehicle.
13. Insofar as quantum of compensation is concerned, it is the case of the petitioners that the deceased-Naveen was doing mason work and getting income of Rs.15,000/- per month. The petitioners have not produced any income proof to establish the income of the deceased at Rs.15,000/- per month. In the absence of -8- NC: 2024:KHC-K:5325-DB MFA No.202918 of 2023 proof of income, the Tribunal has taken notional income of the deceased at Rs.9,000/- per month, which is on the lower side. The Tribunal ought to have taken the notional income as per the chart provided by the Karnataka Legal Services Authority. In terms of the chart, for the accident of the year 2018, the notional income of the deceased will have to be taken at Rs.11,750/- per month. To the aforesaid amount, as the deceased was aged 25 years, 40% of the said amount has to be added on account of future prospects in view of the law laid down by the Constitution Bench of the Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and Others reported in AIR 2017 SC 5157. Thus, the monthly income comes to Rs.16,450/-. Since the deceased was a bachelor, we deem it appropriate to deduct 50% of the said income towards personal expenses of the deceased and therefore, the monthly income of the deceased comes to Rs.8,225/-. Taking into account the age of the deceased which was 25 years at the time of accident, multiplier of 18 has to be adopted as per the -9- NC: 2024:KHC-K:5325-DB MFA No.202918 of 2023 judgment of the Hon'ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation reported in (2009) 6 SCC 121. Therefore, the petitioners are entitled to a sum of Rs.17,76,600/- (Rs.8,225/- x 12 x 18) on account of loss of dependency.
14. Further, in view of the law laid down by the Hon'ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & Others reported in (2018) 18 SCC 130, each petitioner is entitled to a sum of Rs.44,000/- towards loss of consortium. The petitioners are three in numbers, hence, the compensation towards loss of consortium would be Rs.1,32,000/- (Rs.44,000 x 3). In addition, the petitioners are entitled to a sum of Rs.16,500/- towards funeral expenses and Rs.16,500/- under the head of loss of estate.
15. Thus, in all, the petitioners are entitled to a sum of Rs.19,41,600/- as against Rs.10,77,000/- awarded by the Tribunal. The petitioners are entitled for enhanced
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NC: 2024:KHC-K:5325-DB MFA No.202918 of 2023 compensation of Rs.8,64,600/- along with interest @ 6% per annum.
16. In view of the above discussion, we proceed to pass the following:
ORDER i. The appeal is allowed in part.
ii. The impugned judgment and award
dated 20.03.2020 passed by the
Tribunal is modified.
iii. The petitioners are entitled to total compensation of Rs.19,41,600/- as against Rs.10,77,000/- awarded by the Tribunal. Hence, the petitioners are entitled to enhanced compensation of Rs.8,64,600/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.
iv. Respondent No.2/Insurance Company is directed to deposit the compensation amount with interest
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NC: 2024:KHC-K:5325-DB MFA No.202918 of 2023 before the Tribunal within a period of eight weeks from date of the receipt of certified copy of this judgment.
v. If such amount is deposited by the
Insurance company, the Tribunal is
directed to disburse the enhanced
compensation amount in favour of
the petitioners.
Sd/-
JUDGE
Sd/-
JUDGE
NB,BL
List No.: 1 Sl No.: 26