Karnataka High Court
Sri.Parasappa S/O. Govindappa ... vs Sri.Yankanna S/O. Parappa ... on 1 April, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 01ST DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 100278 OF 2019 (MV-D)
BETWEEN:
SRI.PARASAPPA S/O. GOVINDAPPA BHAJANTRI
AGE:37 YEARS, OCC:NIL,
R/O. LOKAPUR, TQ:MUDHOL,
DIST:BAGALKOT-587313.
...APPELLANT
(BY SRI. G R TURAMARI.,ADVOCATE)
AND:
1. SRI.YANKANNA S/O. PARAPPA MAGANUR
AGE:47 YEARS, OCC:OWNER OF VEHICLE,
R/O. LAXMI NILAYA, TORANAGALL R.S,
TQ:SANDUR,
DIST:BALLARI-583101.
2. THE DIVISIONAL MANAGER
ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD.,
SUBRAMANYAM BUILDING,
IIND FLOOR,NO.1, CLUB HOUSE ROAD,
ANNASALYA, CHENNAI-600002.
...RESPONDENTS
(BY SRI. S.K.KAYAKMATH, ADV. FOR R2;
R1-NOTICE DISPENSED WITH)
THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 03.11.2018
-2-
MFA No. 100278 of 2019
PASSED IN MVC NO.328/2017 ON THE FILE OF THE MEMBER,
MOTOR ACCIDENT CLAIMS TRIBUNAL-XIV, MUDHOL, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE FOLLOWING:
JUDGMENT
For the undisputed accident which occurred on
15.02.2017 resulting in the death of Durgawwa W/o.
Govindappa Bhajantri, the Tribunal has awarded the
following sum;
1 Towards loss of dependency 3,24,000/-
2 Towards loss of Estate 15,000/-
3 Towards loss of consortium 40,000/-
4 Towards Funeral Expenses 15,000/-
Total 3,94,000/-
2. Being dissatisfied with the award, her son is in
appeal.
3. In order to arrive on the said sum, the Tribunal
has determined the monthly income at Rs.6,000/- per
month, since there was no documentary evidence. In
such cases, it would be prudent to adopt monthly income
MFA No. 100278 of 2019
fixed by the Karnataka Legal Services Authority in respect
of victims of the motor vehicle accidents, which for the
year 2017 is Rs.10,250/-.
4. The deceased was aged 58 years and hence
future prospectus of 10% would have to be added to the
said monthly income of Rs.10,250/-. This would be result
in monthly income of Rs.11,275/-. Out of the said sum
50% towards personal expenses would have to be
deducted and hence the net monthly income would be
Rs.5,637/-. As the deceased was aged 58 years, a
multiplier of 9 would have to be adopted and thus the
claimant would be entitled to a sum of Rs.6,08,796/-
(5,637X12X9).
5. The claimant would also be entitled to a sum of
Rs.44,000/- towards loss of consortium and a sum of
Rs.33,000/- under the other conventional heads.
6. Thus, the claimant would be entitled to the
following sum:
MFA No. 100278 of 2019
1 Towards loss of dependency 6,08,796/-
2 Towards loss of consortium 44,000/-
3 Other Conventional Heads 33,000/-
Total 6,85,796/-
7. Thus, the claimant is entitled for total
compensation of Rs.6,85,796/- as against the sum of
Rs.3,94,000/- awarded by the Tribunal.
8. In view of the above, I pass the following:
ORDER
(i) The appeal is allowed in part,
(ii) The Judgment and Award dated
03.11.2018 passed in MVC
No.328/2017, on the file of the Motor
Vehicle Accident Claims Tribunal XVI,
Mudhol, is hereby modified. The
claimant is entitled to a total
compensation of Rs.6,85,796/- as
against the sum of Rs.3,94,000/-
MFA No. 100278 of 2019
awarded by the Tribunal. The
enhanced compensation of
Rs.2,91,796/- shall carry interest @
6% p.a. from the date of claim
petition till the date of deposit,
(iii) The Insurance Company/respondent
No.2 is directed to deposit the
enhanced compensation after
deducting the compensation already
paid along with interest before the
Tribunal within a period of 90 days
from the date of receipt of certified
copy of this judgment,
(iv) The amount awarded shall be
disbursed in the same terms as that
imposed by the Tribunal.
Sd/-
JUDGE
SMM
