Karnataka High Court
Sri Lachmegowda vs Sri Meerhasan Ali on 3 February, 2022
Bench: P.S.Dinesh Kumar, Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO.2235 OF 2017 (MV)
BETWEEN :
1. SRI. LACHMEGOWDA
S/O LATE YALAKKIGOWDA
AGED ABOUT 59 YEARS
2. SMT. JANAKAMMA
W/O LACHMEGOWDA
AGED ABOUT 53 YEARS
BOTH ARE RESIDING
KARLE VILLAGE
KATTAYA HOBLI
HASSAN TALUK
HASSAN DISTRICT-34 ...APPELLANTS
(BY SHRI. K.C. PRATHEEP, ADVOCATE)
AND :
1. SRI. MEERHASAN ALI
S/O MEER MOHAMMED ALI
AGED ABOUT 62 YEARS
R/AT KARLE KOPPALU VILLAGE
KATTAYA HOBLI
HASSAN TALUK
HASSAN DISTRICT-34
2
2. HDFC ERGO GENERAL INS CO. LTD
B.M.ROAD
HASSAN-34 ...RESPONDENTS
(BY SHRI. H.S. LINGARAJU, ADVOCATE FOR R2;
VIDE ORDER DTD.19.07.2018, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 10.06.2015 PASSED IN MVC
NO.1481/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal by the claimants seeking enhancement
of compensation is filed challenging the judgment and
award dated June 10, 2015 in MVC.No.1481/2013 passed
by the II Additional District & Sessions Judge & Additional
MACT, Hassan.
2. For the sake of convenience, parties shall be referred
as per their status before the Tribunal.
3. Heard Shri K.C.Pratheep, learned advocate for
claimants and Shri H.S.Lingaraju, learned advocate for
Insurer.
4. Claimants' son K.L.Shamanth, a pedestrian
sustained grievous injuries in a road traffic accident on
22.05.2013 when a Tractor and Trailer bearing
No.KA-13-TA-8324-8325 came from hind side and dashed
against him. Shamanth was shifted to Mangala Hospital,
Hassan and thereafter to Columbia Asia Hospital,
Bangalore. He succumbed to the injuries on 25.05.2013.
On adjudication of the claim petition, Tribunal has awarded
Rs.9,22,219/- with interest at 6% p.a. from the date claim
petition till the date of payment.
5. Shri Pratheep, for the claimants submitted that
deceased was doing business along with agricultural work
and earning Rs.20,000/- per month. Learned Tribunal has
erred in considering the income of the deceased as
Rs.5,000/- p.m., and accordingly sought for enhancement.
6. Claimants have not produced any document before the
Tribunal to substantiate their claim that Shamanth 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 2013
as Rs.8,000/- p.m.
7. Deceased was aged 24 years, hence the applicable
multiplier is 18 and future prospects is to be
added at 40%.
8. Claimants are parents of the deceased. Deceased
was a bachelor and 50% is deductible from his earnings
while calculating loss of dependency.
9. Thus, compensation towards loss of dependency is
worked out as follows;
The monthly notional income works out to
Rs.11,200/- (Rs.8,000+3,200) [by adding 40% towards
future prospects (Rs.8,000*40%=Rs.3,200)]. After
deducting 50%, it works out to Rs.5,600/- per month
(Rs.11,200*1/2). The Annual notional income works out
to Rs.67,200/- (Rs.5,600*12). By applying 18 as
multiplier, the loss of dependency works out to
Rs.12,09,600/- (Rs.67,200*18).
10. The total compensation is re-computed as follows;
Sl.No Description Amount
a. Loss of dependency Rs.12,09,600
b. ADD: Consortium (40,000*2) Rs.,80,000
c. ADD: Conventional heads; Rs.30,000
funeral expenses, etc.,
d. Medical expenses Rs.3,52,219
Total (a+b+c+d) Rs.16,71,819
e. LESS: Compensation awarded Rs.09,22,219
by the Tribunal (d-e)
Enhanced Compensation Rs.7,49,600
11. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding
that claimants are entitled for a total
compensation of Rs.16,71,819/-, as against
Rs.9,22,219/- 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.7,49,600/-
and
(ii) Respondents No.1 and 2 are jointly and
severally liable to pay entire compensation
amount of Rs.16,71,819/- with interest at
6% p.a., excluding the amount paid/deposited
if any, within eight weeks from the date of receipt
of a copy of this order. Claimants shall not be
entitled for interest for 552 days as per order of
this Court dated 06.12.2018. Disbursement shall
be made as directed by the Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
YN
