Obanna vs H Gurumurthy
2021 Latest Caselaw 5220 Kant

                             1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 1ST DAY OF DECEMBER, 2021

                          BEFORE

     THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

               M.F.A. NO.3516 OF 2017 (MV-D)

BETWEEN:

1.     OBANNA S/O LATE BASAPPA,
       AGED ABOUT 54 YEARS,
       OCC: AGRICULTURIST,
       R/O. BASAVANASHIVANAKERE VILLAGE,
       BHARAMASAGARE HOBLI,
       CHITRADURGA TALUK,.
       CHITRADURGA DISTRICT - 577 501.

2.     NANDISH S/O OBANNA,
       AGED ABOUT 31 YEARS,
       OCC: AGRICULTURIST,
       R/O. BASAVANASHIVANAKERE VILLAGE,
       BHARAMASAGARE HOBLI,
       CHITRADURGA TALUK,
       CHITRADURGA DISTRICT - 577 501.

3.     PRAKASH S/O OBANNA,
       AGED ABOUT 29 YEARS,
       OCC: AGRICULTURIST,
       R/O. BASAVANASHIVANAKERE VILLAGE,
       BHARAMASAGARE HOBLI,
       CHITRADURGA TALUK,
       CHITRADURGA DISTRICT - 577 501.
                                               ... APPELLANTS
(BY SRI. H. ASHOK KUMAR, ADVOCATE)
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AND:

1.     H. GURUMURTHY
       S/O HANUMANTHAPPA,
       AGED ABOUT 31 YEARS,
       OCCUPATION OWNER OF
       MOTOR CYCLE BEARING REG.
       NO.KA-16/W-4854,
       R/AT HOSARANGAPURA VILLAGE,
       ALAGAWADI POST,
       CHITRADURGA TALUK ,
       CHITRADURGA DISTRICT - 577 541.

2.     THE BRANCH MANAGER
       UNITED INDIA INSURANCE CO. LTD.,
       AKKAMAHADEVI ROAD,
       P.G. EXTENSION,
       DAVANAGERE - 577 002.
                                             ... RESPONDENTS

(BY SRI.B.C. SEETHARAMA RAO, ADVOCATE FOR R2;
 R1 - SERVED AND UNREPRESENTED)

                             *****

       THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.02.2017 PASSED IN MVC
NO.716/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE    AND   ADDITIONAL     MACT-V,    CHITRADURGA,   PARTLY
ALLOWING     THE   CLAIM   PETITION   FOR   COMPENSATION   AND
SEEKING ENHANCEMENT OF COMPENSATION.


       THIS MFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                          JUDGMENT

The captioned appeal is filed seeking enhancement of

compensation.

2. The appellants filed claim petition for having lost

one Hanumakka @ Hanumanthamma in a road traffic accident

dated 15.12.2015. The Tribunal having assessed the oral and

documentary evidence, in absence of income proof, has

proceeded to notionally assess the income of the deceased at

Rs.6,000/- and by deducting 1/3rd and applying multiplier of

11, awarded a sum of Rs.5,28,000/- under the head 'loss of

dependency'. Under conventional heads, the Tribunal awarded

a sum of Rs.1,75,000/- and Rs.17,200/- towards medical

expenses. The Tribunal, in all, awarded a sum of

Rs.7,20,200/-.

3. The appellants/claimants are before this Court

feeling aggrieved by the notional assessment made by the

Tribunal while determining the compensation under the head

'loss of dependency'.

4. Heard learned counsel for the appellants and

learned counsel for the respondent No.2/Insurance Company.

Perused the records.

5. On re-appreciation of the oral and documentary

evidence, though this Court cannot find fault with the finding

of the Tribunal in notionally assessing the income of the

deceased, however, having regard to the date of accident, this

Court would find that the income assessed notionally by the

Tribunal appears to be on the lower side. In absence of

income proof, having regard to the date of accident which is of

the year 2015, this Court by placing reliance on the chart

issued by the legal services authority, would assess the

income of the deceased notionally at Rs.9,000/-. The

deceased was aged 52 years as on the date of accident and

therefore, 10% needs to be added towards future prospects.

By adding 10%, the income is assessed at Rs.9,900/- and

after deducting 1/3rd towards personal expenses, the income

of the deceased is taken at Rs.6,600/- and by applying the

multiplier of 11, the compensation payable under the head

'loss of dependency', works out to Rs.8,71,200/-

(6,600x11x12).

6. Since there are three dependants, by applying the

principles laid down by the Hon'ble Apex Court in the case of

Magma General Insurance Co. Ltd., vs. Nanu Ram alias

Chuhru Ram & Ors.1, a sum of Rs.1,50,000/- is awarded

under the conventional heads. The compensation awarded by

the Tribunal to the tune of Rs.17,200/- towards medical

expenses remains undisturbed. Hence, the total compensation

re-determined by this Court works out to Rs.10,38,400/- as

against Rs.7,20,200/- awarded by the Tribunal.

2018 (9) SC 51

7. Accordingly, the appeal is allowed in part. The

judgment and award of the Tribunal is modified. The

appellants are held entitled to enhanced compensation of

Rs.3,18,200/- which shall carry interest at the rate of 6% per

annum from the date of petition till realisation.

Sd/-

JUDGE

CA