Smt. Sharadavva W/O. Tirakappa ... vs Sri. Malatesh S/O. Irappa Yaligar
2022 Latest Caselaw 5930 Kant

     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. 102416 OF 2018 (MV-D)

BETWEEN:

1.    SMT. SHARADAVVA W/O. TIRAKAPPA GANIGER
      AGE:55 YEARS, OCC:HOUSEHOLD WORK,

2.    SRI ASHOK S/O. TIRAKAPPA GANIGER
      AGE:35 YEARS, OCC:AGRICULTURE,

3.    SRI YOGISH S/O. TIRAKAPPA GANIGER
      AGE:33 YEARS, OCC:AGRICULTURE,

      ALL ARE R/O. ANUR,
      TQ:BYADAGI, DIST:HAVERI-581106,
      NOW AT VIDYA NAGAR,
      HAVERI-581117.

                                           ...APPELLANTS
(BY SRI. NAVEEN CHATRAD, ADVOCATE)

AND:

1.    SRI. MALATESH S/O. IRAPPA YALIGAR
      AGE:MAJOR, OCC:OWNER OF THE VEHICLE,
      R/O. AT POST:BASALAHALLI,
      TQ:BYADAGI, DIST: HAVERI-581106.
      (OWNER OF THE PASSENGER AUTO BEARING NO. KA-
      27/A-9173)

2.    THE LEGAL MANAGER
      IFFCO TOKIO GENERAL INSURANCE CO.LTD.,
      SUDEV PLAZA,3RD FLOOR, OPP:LAXMI TEMPLE,
      DAJIBHANPETH,HUBBALLI-580020.
                                       -2-




                                                MFA No. 102416 of 2018


    (OWNER OF THE PASSENGER AUTO BEARING NO. KA-
    27/A-9173)

                                                        ...RESPONDENTS
(BY SRI. R. R. MANE, ADV. FOR R2;
R1- DISPENSED WITH)


        THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988,    AGAINST         THE   JUDGMENT         AND      AWARD     DATED
27.04.2017 PASSED IN MVC NO.231/2013 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, 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 death of Triakappa S/o.

Gurupadappa Ganiger, in a motor vehicle accident, the

Tribunal has awarded the following sum;

1 Loss of dependency 4,32,000/- Rs.48,000X9 2 For Medical Expenses -Nil- 3 For the loss of consortium 10,000/- 4 Loss of love and affection 10,000/-

MFA No. 102416 of 2018

5 Loss of Estate 10,000/-

6 For transportation and Funeral 10,000/-

   Expenses
   Total                                    4,72,000/-

2. The claimants who are wife and children of the

deceased are in appeal seeking for enhancement of

compensation.

3. The Tribunal has determined the monthly

income of the deceased at Rs.6,000/- per month and

taking note of age of the deceased as 60 years has

adopted multiplier of 9.

4. In absence of documentary evidence, it would

be prudent to adopt the monthly income fixed by the

Karnataka State Legal Services Authority, which for the

year 2012 would be Rs.6,500/-. To the said amount of

Rs.6,500/-, 10% would have be added to future

prospectus which would be result in monthly income to

Rs.7,150/-. Out of the said sum, 1/3rd would have to be

deducted, which would be result in monthly income to

MFA No. 102416 of 2018

become Rs.4,767/-. Consequently, the claimants would

be entitled to a sum of Rs. 5,14,836/- (i.e. 4,767X12X9)

towards loss of dependency.

5. The Judgment rendered by the Hon'ble Apex

Court in the case of National Insurance Company Limited

V/s Pranay Sethi and others, reported in (2017) 16 SCC

680, the claimants each would therefore be entitled to

Rs.44,000/- apart from the sum of Rs.3,333/- each

towards loss of consortium.

6. The claimants would be entitled to a sum of

Rs.33,000/- under the conventional heads.

7. Thus, the claimants are held to be entitled to

the following sum;

1 Loss of dependency 5,14,836/- 2 Loss of consortium 1,32,000/-

(Rs.44,000X3) 3 Conventional Heads 33,000/-

Total 6,79,836/-

MFA No. 102416 of 2018

9. In view of the above, I pass the following:

ORDER

(i) The appeal is allowed in part,

(ii) The Judgment and Award dated

27.04.2017 passed in MVC

No.231/2013, on the file of the Prl.

Senior Civil Judge and Addl. MACT,

Haveri, is hereby modified. The

claimants are entitled to a total

compensation of Rs.6,79,836/- as

against the sum of Rs.4,72,000/-

awarded by the Tribunal. The enhanced

compensation of Rs.2,07,836/-shall

carry interest @ 6% p.a. from the date

of claim petition till the date of deposit.

However the claimants are not entitled

interest for delayed period of 341 days

in filing the appeal.

(iii) The Insurance Company/respondent

No.2 is directed to deposit the enhanced

MFA No. 102416 of 2018

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