Karnataka High Court
Smt.Bharati W/O Annappa @ Anneshi vs The Divisional Controller on 31 July, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC-D:10794-DB
MFA No. 101708 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101708 OF 2017 (MV-D)
BETWEEN:
1. SMT. BHARATI
W/O. ANNAPPA @ ANNESHI,
@ ANNASAB NAGARADDI,
AGE 39 YEARS,
OCC: HOUSEHOLD WORK.
2. SUPRITA
D/O. ANNAPPA @ ANNESHI,
Digitally signed @ ANNASAB NAGARADDI,
by JAGADISH T
R AGE 16 YEARS, OCC: NIL.
Location: High
Court of
Karnataka 3. SUDEEP ANNAPPA @ ANNESHI,
Dharwad
Bench @ ANNASAB NAGARADDI,
AGE 13 YEARS, OCC: NIL.
4. LAXMIBAI VITTAL NAGARADDI,
AGE 83 YEARS, OCC: NIL,
APPELLANT NO. 2 TO 3 ARE MINORS
REP. BY M/G APPELLANT NO.1,
ALL ARE R/O. LINGANUR,
TQ: JAMKHANDI,
DIST: BAGALKOT-587301.
...APPELLANTS
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
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NC: 2024:KHC-D:10794-DB
MFA No. 101708 of 2017
AND:
THE DIVISIONAL CONTROLLER,
NWKRTC, NAVANAGAR,
BAGALKOT.
SUMMONS THROUGH THE
DEPOT MANAGER,
JAMKHANDI DEPOT,
JAMKHANDI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587301.
...RESPONDENT
(BY SRI. S. L. MATTI, ADVOCATE)
THIS MFA IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR THE RECORDS AND ENHANCE THE
COMPENSATION AND AWARD COMPENSATION AS CLAIMED BY THE
APPELLANTS BY MODIFYING AWARD DATED 20.07.2016, IN MVC
NO.537/2014 PASSED BY THE COURT OF ADDL. SENIOR CIVIL
JUDGE AND M.A.C.T, NO.VI, AT JAMKHANDI, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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NC: 2024:KHC-D:10794-DB
MFA No. 101708 of 2017
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the claimants seeking for enhancement of compensation being aggrieved by the judgment and award dated 20.07.2016 passed in MVC.No.537/2014 by the Addl. Senior Civil Judge and Member MACT.No.VI, Jamkhandi (for short, 'Tribunal').
2. Brief facts leading to filing this appeal are that on 17.06.2014 one Sri.Annappa @ Anneshi @ Annasab S/o. Vittappa Nagaraddi was proceeding on his motorcycle bearing registration No.KA-48/J-6618, at that time, NWKRTC HPV bus bearing registration No.KA-42/F-878 driven by its driver in rash and negligent manner, came from opposite direction and dashed to the above said motorcycle and caused the accident. Due to the impact, Annappa @ Anneshi @ Annasab sustained grievous in juries and died on the spot. The appellants being wife and children of the deceased Annappa @ Anneshi @ Annasab filed claim petition seeking compensation. -4-
NC: 2024:KHC-D:10794-DB MFA No. 101708 of 2017
3. The respondent-Corporation entered appearance before the Tribunal and opposed the claim petition.
4. The Tribunal after considering the evidence available on record, allowed the claim petition in part and awarded total compensation of Rs.36,02,494/- along with interest at the rate of 9% per annum from the date of petition till realization of the amount. Being aggrieved by the same, the appellants have filed present appeal seeking enhancement of compensation.
5. Sri. Siddappa Sajjan, learned counsel appearing for the appellants/claimants submits that the Tribunal has committed grave error in awarding meager compensation under the heads of loss of consortium, loss of estate and funeral expenses. He submits that the compensation awarded by the Tribunal is required to be re-determined. Thus, he seeks to allow the appeal.
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NC: 2024:KHC-D:10794-DB MFA No. 101708 of 2017
6. Per contra, Sri.S.L.Matti, learned counsel appearing for the respondent/Corporation supports the impugned judgment and award of the Tribunal and submits that the Tribunal taking note of the evidence available on record, has awarded just and appropriate compensation which does not call for any enhancement. Thus, he seeks to dismiss the appeal.
7. We have heard the arguments of the learned counsel for the parties. Meticulously perused the material available on record.
8. The parties to the proceedings do not seriously dispute that Sri. Annappa @ Anneshi @ Annasab husband of appellant No.1 and father of other appellants met with an accident and died. Hence, the appellants being the legal heirs of the deceased Annappa filed claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. In support of the claim, appellant No.1 examined herself as PW1 and got marked Exs.P1 to P9 in support of the case. The Tribunal considering the material -6- NC: 2024:KHC-D:10794-DB MFA No. 101708 of 2017 available on record has allowed the claim petition in part and awarded total compensation of Rs.36,02,494/- along with interest at the rate of 9% per annum from the date of petition till realization.
9. In our considered view, the Tribunal has committed grave error in awarding compensation under the heads of 'loss of consortium', 'funeral expenses' and 'loss of estate'which is to be reassessed and modified. Thus, this Court taking note of the law laid down by the Hon'ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others1 hold it appropriate that the claimants are entitled to Rs.40,000/- each under the head of loss of consortium. Similarly, as per the law laid down by the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others2, the claimants are entitled to Rs.15,000/- under the head of 'loss of estate' and 1 2018 ACJ 2782 2 2017(16) SCC 680 -7- NC: 2024:KHC-D:10794-DB MFA No. 101708 of 2017 Rs.15,000/- under the head of 'transportation of dead body and funeral expenses'.
10. Insofar as award of compensation under the head of loss of dependency is concerned, there is no dispute between the parties. Thus, the claimants would be entitled to modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 35,62,494/-
Loss of estate 15,000/-
Transportation of dead body and 15,000/-
Funeral expenses
Loss of consortium (Rs.40,000 X 4 1,60,000/-
dependants)
Total 37,52,494/-
11. Thus, the claimants would be entitled to total compensation of Rs.37,52,494/- as against Rs.36,02,494/- awarded by the Tribunal.
12. In the result, we proceed to pass the following:
ORDER
a) Appeal stands allowed in part. -8-
NC: 2024:KHC-D:10794-DB MFA No. 101708 of 2017
b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.37,52,494/- as against Rs.36,02,494/- awarded by the Tribunal.
c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.
d) The Respondent/Corporation to pay the entire compensation amount along with interest to the appellants/claimants within six weeks from the date of receipt of certified copy of this judgment.
e) Apportionment, deposit and disbursement shall be made as per the award of the Tribunal.
f) Draw modified award accordingly.
Sd/-
(KRISHNA S.DIXIT) JUDGE Sd/-
(VIJAYKUMAR A.PATIL) JUDGE RH/ct-an List No.: 1 Sl No.: 31