Karnataka High Court
Smt Jyothi vs S Manjunath on 30 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:30177
MFA No. 82 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 82 OF 2022 (MV-D)
BETWEEN:
1. SMT. JYOTHI
W/O LATE RAKESH,
AGED ABOUT 23 YEARS,
R/O KELLANGERE VILLAGE,
KASABA HOBLI,
ARSIKERE TALUK - 573 103,
HASSAN DISTRICT.
2. CHETHAN
S/O LATE RAKESH,
AGED ABOUT 3 YEARS,
MINOR REP BY HIS NATURAL
GUARDIAN MOTHER IST APPELLANT,
R/O KELLANGERE VILLAGE,
Digitally KASABA HOBLI,
signed by
ANJALI M ARSIKERE TALUK - 573 103,
Location: High HASSAN DISTRICT.
Court of
Karnataka 3. YASHODHAMMA
W/O THIMMAIAH,
AGED ABOUT 40 YEARS,
R/O KELLANGERE VILLAGE,
KASABA HOBLI,
ARSIKERE TALUK - 573 103,
HASSAN DISTRICT.
4. THIMMAIAH
S/O LATE KALAIAH,
AGED ABOUT 46 YEARS,
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NC: 2024:KHC:30177
MFA No. 82 of 2022
R/O KELLANGERE VILLAGE,
KASABA HOBLI,
ARSIKERE TALUK - 573 103,
HASSAN DISTRICT.
...APPELLANTS
(BY SRI. JAGADEESH H T., ADVOCATE)
AND:
1. S MANJUNATH
S/O SOMAPPA R,
AGED ABOUT 31 YEARS,
R/AT NO.759/13,
17TH MAIN ROAD,
6TH CROSS,
SRINAGAR,
BENGALURU - 560 050.
2. UNITED INSURANCE CO LTD.,
DESI ENTERPRISES,
NO.83/3, FRIED PIZZA,
NEAR ADARSH COLLEGE,
NEW KARNATAKA CHATS,
5TH MAIN ROAD,
CHAMARAJAPETE,
BENGALURU - 560 018.
...RESPONDENTS
(BY SRI. B.A. RAMAKRISHNA., ADVOCATE FOR R2;
R1 - SERVICE OF NOTICE IS DISPENSED WITH VIDE
ORDER DATED 15.11.2023;)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.10.2021 PASSED IN MVC
NO.1490/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, ARSIKERE PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC:30177
MFA No. 82 of 2022
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the appellants-claimants challenging the judgment and award dated 29.10.2021 passed in MVC.No.1490/2019 on the file of the Senior Civil Judge and MACT, at Arsikere (for short 'the tribunal'). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal.
2. Parties to the appeal shall be referred to as per their status before the Tribunal.
3. Heard the arguments of learned counsel for the parties and perused the material placed before the Court.
4. The Tribunal has awarded total compensation of Rs.30,88,400/- with interest at 6% per annum. The accident occurred on 15.09.2019, the same is not disputed. The liability is fixed on the owner of the -4- NC: 2024:KHC:30177 MFA No. 82 of 2022 offending vehicle, consequently, the respondent/insurance company is directed to deposit the compensation amount along with interest.
5. It is the vehement contention of learned counsel for the appellants/claimants that the Tribunal has committed an error in not awarding future prospects of 40% and not awarded suitable compensation under the head loss of consortium. Therefore, he seeks to allow the appeal and consequently enhance the compensation.
6. Per contra, learned counsel representing the respondent - Insurance Company vehemently contends that the Tribunal has awarded just and reasonable compensation under all heads. In fact, excess compensation is awarded under the head loss of estate and towards funeral expenses. The same could be adjusted towards consortium.
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NC: 2024:KHC:30177 MFA No. 82 of 2022
7. I have given my thoughtful consideration to the arguments advanced by the learned counsel for the parties and perused the material on record.
8. Having heard learned counsel for the parties and on perusal of the material on record, it is seen that the claimants have produced the documents as per Exs.P1 to Ex.P11 are the police records, which clearly depict registration of the FIR and complaint against driver of the offending vehicle and same has not been challenged or controverted. Therefore, the Tribunal rightly attributed the negligence against driver of the offending vehicle.
9. I am in agreement with the learned counsel for the claimants that the Tribunal has taken the income of the deceased to be Rs.14,000/- per month, which does not call for interference. The Tribunal added 30% towards future prospects, which needs to be enhanced to 40% and deducted 1/4th towards personal and living expenses, which does not call for interference. The deceased was -6- NC: 2024:KHC:30177 MFA No. 82 of 2022 aged 21 years as on the date of accident and the appropriate multiplier would be '18'. Therefore, loss of dependency would be Rs.31,75,200/- (Rs.14,000 + 40% = Rs.19,600 - 1/4th = Rs. 14,700/- x 12 x 18) as against Rs.29,48,400/-.
10. The deceased left behind 4 dependants i.e., wife, son, and parents and the Tribunal has awarded Rs.50,000/- towards loss of consortium and Rs.40,000/- towards loss of love and affection. In all, Rs.90,000/- is awarded. This will have to be modified by awarding consortium at the rate of Rs.40,000/- per person as held by the Hon'ble Supreme Court in the case of National Insurance Company Limited vs Pranay Sethi and others reported in (2017) 16 SCC 680. Therefore, the claimants are entitled for Rs.1,60,000/- (Rs. 40,000 x 4) under the head 'loss of consortium'.
11. The Tribunal has awarded Rs.25,000/- towards loss of estate and Rs.25,000/- towards funeral expenses -7- NC: 2024:KHC:30177 MFA No. 82 of 2022 and transportation of dead body. This will have to be modified by awarding Rs.30,000/- towards loss of estate and funeral expenses.
12. In view of the above, the claimants would be entitled to total compensation of Rs.33,65,200/- as against Rs.30,88,400/- awarded by the Tribunal, as mentioned in the table below:
Sl. Head of compensation Amount of No. compensation awarded 1 Loss of dependency 31,75,200-00 2 Loss of consortium 1,60,000-00 3 Loss of estate and funeral 30,000-00 expenses TOTAL 33,65,200-00
13. Accordingly, I pass the following:
ORDER
i) The appeal is allowed.
ii) The impugned Judgment and award dated 29.10.2021 passed by the Senior Civil -8- NC: 2024:KHC:30177 MFA No. 82 of 2022 Judge and MACT at Arsikere in MVC.No.1490/2019 is modified.
iii) The appellants/claimants would be entitled to total compensation of Rs.33,65,200/- as against Rs.30,88,400/- awarded by the Tribunal along with interest at 6% per annum.
iv) The enhanced compensation amount shall be deposited with interest at 6% per annum by the respondent/Insurance Company within a period of four weeks from the date of receipt of copy of this judgment.
v) The enhanced compensation shall be
released in favour of the
appellants/claimants in accordance to the apportionment made by the Tribunal upon proper identification.
vi) All other terms and conditions stipulated by the Tribunal shall stand intact.
Sd/-
(PRADEEP SINGH YERUR) JUDGE AM/List No.: 1 Sl No.: 36