Karnataka High Court
Hanumantharayappa vs Sri Ranga S Patil on 4 December, 2021
Bench: P.S.Dinesh Kumar, P.Krishna Bhat
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO.1728 OF 2019 (MV)
BETWEEN :
1. HANUMANTHARAYAPPA
S/O LATE MANUMAPPA
AGED ABOUT 57 YEARS
2. SMT. ADHILAKSHMAMMA
W/O HANUMANTHARAYAPPA
AGED ABOUT 42 YEARS
BOTH ARE RESIDING AT
NO.8-2, B.C. COLONY
M.VARADHATTI MUTHUKUR
ANAANTHAPUR
ANDHRAPRADESH-515 271 ...APPELLANTS
(BY SHRI. K.T. GURUDEVA PRASAD, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND :
1. SRI. RANGA S. PATIL
S/O SHEKAR N
R/AT NO.595, 3RD MAIN
6TH CROSS. HOYSALANAGAR
T.G.PALYA MAIN ROAD
BENGALURU-560 016
2
AND ALSO R/AT # 186
4TH D-CROSS, COFFEE DAY ROAD
KASTHURINAGAR
BANASWADI POST
BENGALURU-560 042
2. LIBERTY VIDECON GENERAL
INSURANCE CO. LTD.,
PRESTIGE KADA, 3RD FLOOR
UNIT NO.302, NO.202
RICHMOND ROAD
RICHMOND TOWN
BENGALURU-560 025
REPRESENTED BY ITS MANAGER
3. THE MANAGER
B.M.T.C., K.H.ROAD
SHANTHINAGAR
BENGALURU-560 027
REPRESENTED BY ITS MANAGER ...RESPONDENTS
(BY SHRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2;
SHRI. D. VIJAYA KUMAR, ADVOCATE FOR R3;
VIDE ORDER DATED 19.11.2021-NOTICE
TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 07.06.2018 PASSED IN
MVC NO.1773/2017 ON THE FILE OF THE XV ADDITIONAL SMALL
CAUSES JUDGE AND XXIII A.C.M.M., MEMBER, M.A.C.T., MAYO HALL
UNIT, BENGALURU (SCCH-19), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
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JUDGMENT
This appeal is filed by the claimants in
MVC.No.1773/2017 on the file of XV Additional Small
Causes Judge & XXIII ACMM, Member, MACT, Bengaluru,
seeking enhancement of compensation awarded vide
judgment and award dated June 7, 2018, passed by the
Tribunal.
2. For the sake of convenience, parties shall be referred
as per their status before the Tribunal.
3. Heard Shri K.T.Gurudeva Prasad, learned advocate
for claimants-appellants Shri Ravi S.Samprathi,
learned advocate for second respondent-insurer and
Shri D.Vijayakumar, learned advocate for third
respondent-BMTC.
4. First claimant's son Shri Gangadhar sustained
grievous injuries in a road traffic accident on
13.03.2017, when a motorcycle bearing
Reg.No.KA-01-HQ-0999 dashed against the motorcycle
bearing Reg.No.AP-03-AV-5147 on which the deceased
was a pillion rider. Due to forced impact, deceased fell on
the road, BMTC Bus bearing Reg.No.KA-01-FA-1593
coming from the same direction ran over the deceased.
Shri Gangadhar succumbed to the injuries on the spot.
On adjudication of the claim petition, the Tribunal has
awarded Rs.11,48,400/- with interest at 9% p.a., from the
date of filing the petition till realization.
5. Learned advocate for the claimants submitted that
deceased was working as Hitachi Operator and earning
Rs.20,000/- per month. Learned Tribunal has erred
in considering the income of the deceased as
Rs.7,000/- p.m., and accordingly sought for enhancement.
6. Claimants have not produced any document before
the Tribunal to substantiate their claim that
Shri Gangadhar was earning Rs.20,000/- per month.
In the absence of any proof of income, this Court has
consistently considered the notional income of an able
bodied person in the year 2017 as Rs.11,000/- p.m.
7. Deceased was aged 21 years, hence the applicable
multiplier is 18 and future prospects is to be
added at 40%.
8. Deceased was a bachelor. Hence, 50% is deductible
from the earnings of the deceased while calculating loss of
dependency. Claimants are parents of the deceased.
They are entitled for a sum of Rs.40,000/- each towards
consortium.
9. Thus, compensation towards loss of dependency is
worked out as follows;
The monthly notional income works out to
Rs.15,400/- (Rs.11,000+4,400) [by adding 40% towards
future prospects (Rs.11,000*40%=Rs.4,400)].
After deducting 50%, it works out to Rs.7,700/- per month
(Rs.15,400*50%). The Annual notional income works out
to Rs.92,400/- (Rs.7,700*12). By applying 18 as
multiplier, the loss of dependency works out to
Rs.16,63,200/- (Rs.92,400*18).
10. The compensation is re-computed as follows;
Sl.No Description Amount
a. Loss of dependency Rs.16,63,200
b. ADD:Consortium Rs.80,000
(Rs.40,000*2)
c. ADD:Conventional
Rs.30,000
heads;funeral expenses,
etc.,
d. Total (a+b+c) Rs.17,73,200
e. LESS: Compensation Rs.11,48,400
awarded by the Tribunal
(d-e)
Enhanced Compensation (d-e) Rs.6,24,800
11. Learned advocate for insurer contended that in
motor vehicle compensation cases, interest is awarded at
6%. Learned advocate for the claimants submitted that
insurer has not filed any appeal. The compensation
awarded must be just and appropriate and we have
re-computed the total compensation. This court has been
consistently awarding interest at 6%. Therefore, in our
considered view, awarding 6% interest throughout is just
and appropriate. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding
that claimants are entitled for a total
compensation of Rs.17,73,200/-, as against
Rs.11,48,400/- awarded by the Tribunal, payable
with interest at 6% p.a., from the date of filing
claim petition till the date of deposit. The
enhanced compensation is Rs.6,24,800/-; and
(ii) Respondent No.2-Insurer and respondent
No.3-BMTC are jointly and severally held liable
to pay the entire compensation amount of
Rs.17,73,200/- with interest at 6% p.a.,
excluding the amount paid, if any, within eight
weeks from the date of receipt of a copy of this
order. Disbursement shall be made as directed by
the Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AV
