Karnataka High Court
Smt Chandramma vs Mr Kumara on 15 January, 2021
Author: S.Sujatha And M.I.Arun
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
M.F.A.No.4801/2019 (MV)
BETWEEN :
1. SMT.CHANDRAMMA
W/O LATE MANJEGOWDA
AGED ABOUT 57 YEARS.
2. SHANKAREGOWDA
S/O LATE MANJEGOWDA
DEAD BY LRS BY
2(a) SMT.LEELAVATHI A.S.,
W/O LATE SHANKAREGOWDA
AGED ABOUT 33 YEARS
2(b). SWARUPGOWDA A.S.,
S/O LATE SHANKAREGOWDA
AGED ABOUT 7 YEARS,
BEING MINOR, REP BY HIS
NATURAL MOTHER LEELAVATHI
3. RAMESH
S/O LATE MANJEGOWDA
ALL ARE R/AT ANNENAHALLI VILLAGE
DANDIGANAHALLI HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT
-2-
5. SMT.ROOPA A.M.,
W/O Y.A.MANJUANTHA
AGED ABOUT 41 YEARS,
YOGIHALLI VILLAGE, DUDDA HOBLI
HASSAN TALUK & DISTRICT-573201 ...APPELLANTS
(BY SRI RAJARAM SOORYAMBAIL, ADV.)
AND :
1. Mr. KUMARA
S/O NANJAPPA K.,
AGED ABOUT 55 YEARS,
HOUSE NO.58,
ANNERNAHALLI VILLAGE,
DANDIGANAHALLI HOBLI
CHANNARAYAPATTANA TALUK,
HASSAN DISTRICT
2. THE MANAGER
UNITED INDIA INSURANCE CO. LTD.,
1ST FLOOR, MADHU COMPLEX
MYSORE ROAD
CHANNARAYAPATTANA TOWN ...RESPONDENTS
BY SRI A.M.KRISHNASWAMY, ADV. FOR R-2;
VIDE COURT ORDER DATED 15.01.2021 NOTICE TO R-1 IS
DISPENSED WITH.
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED
01.01.2016 PASSED IN MVC No.982/2014 ON THE FILE OF THE
4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHANNARAYAPATTANA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:
-3-
JUDGMENT
This appeal is directed against the judgment and
award dated 1.1.2016 passed in MVC No.982/2014 on
the file of the IV Additional District & Sessions Judge,
Channarayapatna [Tribunal for short].
2. The claimants instituted the petition under
Section 166 of the Motor Vehicles Act, 1988 seeking
compensation for the death of Manjegowda in the road
traffic accident.
3. It was averred in the claim petition that on
4.4.2014 at about 7.00 a.m. the deceased met with the
road traffic accident owing to the actionable negligence
of the driver of Hero Honda Splendour Bike bearing
Reg.No.KA-13-K-6020 (offending vehicle). It was
contended that the deceased was a pedestrian on the
road. The driver of the offending vehicle has driven the
vehicle in a rash and negligent manner and dashed to
the deceased. Due to the said impact, the deceased
sustained fatal injuries and succumbed to the injuries
on his way to the hospital.
4. It was contended that the deceased was aged
about 56 years at the time of the accident. The
claimants being the widow and children of the deceased
were depending on the income of the deceased. The
untimely death of the deceased has caused great
hardship, mental agony etc., On these set of facts and
grounds, the claimants sought for compensation.
5. On service of notice to the respondents, the
respondents appeared through their respective counsel.
The respondent No.1 has not filed any written
statement, whereas respondent No.2 has filed the
statement denying the petition averments. The defence
set up was that the accident occurred due to the sole
negligence of the deceased, accordingly sought for
dismissal of the claim petition.
6. On the basis of the pleadings, issues were
framed and answered allowing the petition in part
awarding total compensation of Rs.4,97,000/- with
interest @ 6% p.a. from the date of petition till its
realization fastening the liability on the insurer to
satisfy the award.
7. Being dissatisfied with the quantum of
compensation awarded, the claimants have preferred
the present appeal.
8. The dispute lies in a narrow compass. The
Tribunal has awarded a sum of Rs.4,97,000/-
determining the monthly income of the deceased at
Rs.6,000/-. Considering the date of the accident and
the age of the deceased, the monthly income assessed
by the Tribunal notionally calls for re-determination.
As per the Chart prepared by the Karnataka State Legal
Services Authority, the monthly income can be safely re-
determined at Rs.8,500/-. Adding 10% of the same
towards future prospects, applying the multiplier of 9
and deducting 1/3rd towards personal and living
expenses of the deceased, loss of dependency would
work out to Rs.6,73,200/- (9350 x 12 x 9 x 2/3).
9. In terms of the ruling of the Hon'ble Apex
Court in National Insurance Company Limited Vs.
Pranay Sethi and others reported in ((2017)16 SCC
680) and New India Assurance Company Limited Vs.
Somawati and others reported in (2020) 9 SCC 644,
the claimants are entitled to compensation of
Rs.70,000/- under the conventional heads.
10. For the reasons aforesaid, the compensation
awarded by the Tribunal is re-assessed as under:
Sl.No. Particulars Amount [in Rs.]
1. Loss of dependency 6,73,200
Loss of spousal
2. 40,000
Consortium
3. Loss of Estate 15,000
4. Funeral expenses 15,000
Total 7,43,200
Thus the claimants are entitled to total compensation of
Rs.7,43,200/- with interest @ 6% p.a. from the date of
petition till its realization.
Hence, the following:
ORDER
i] Appeal is allowed in part.
ii] The total compensation awarded by the Tribunal
is modified and enhanced to Rs.7,43,200/-
(Rupees Seven Lakhs Forty Three Thousand and
Two hundred Only) as against Rs.4,97,000/-
which shall carry interest at the rate of 6% per
annum from the date of the claim petition till its
realization.
iii] The insurance company shall deposit the re-
assessed total compensation determined as
aforesaid before the Tribunal within 90 days from
the date of receipt of the certified copy of the
judgment and order.
iv] The portion of the order of the Tribunal inasmuch
as liability, apportionment and disbursement
remains intact.
v] The modified compensation shall be disbursed in
terms of the order of the Tribunal.
vi] Draw modified award accordingly.
SD/-
JUDGE
SD/-
JUDGE
Dvr:
