Karnataka High Court
Sri.Lingadalli Yerriswamy Alias ... vs Sri.Kotesh.K. Son Of ... on 28 January, 2022
Bench: S G Pandit, Anant Ramanath Hegde
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF JANUARY 2022
PRESENT
THE HON'BLE MR. JUSTICE S.G. PANDIT
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A.NO.104540 OF 2018 (MV)
C/W
M.F.A.NO.104569 OF 2018 (MV)
IN M.F.A.NO.104540 OF 2018 (MV)
BETWEEN
1. SMT.CHANDRAMMA ALIAS LINGADALLI
CHANDRAMMA W/O LATE.MALLIKARJUNA
ALIAS MALLESHI ALIAS LINGADALLI MALLIKARJUNA,
AGED ABOUT 23 YEARS, HOUSEWIFE,
(WIFE OF THE DECEASED MALLIKARJUNA
ALIAS MALLESHI ALIAS LINGADALLI MALLIKARJUNA)
2. MINOR CHANDRAKALA D/O LATE MALLIKARJUNA
ALIAS MALLESHI ALIAS LINGADALLI MALLIKARJUNA,
AGED ABOUT 4 ½ YEARS,
3. MINOR MAHALAKSHMI D/O LATE MALLIKARJUNA
ALIAS MALLESHI ALIAS LINGADALLI MALLIKARJUNA,
AGED ABOUT 2 YEARS 10 MONTHS.
4. SRI LINGADALLI YERRISWAMY ALIAS YERRISWAMY
S/O LINGADALLI SIDDAPPA, AGED ABOUT 57 YEARS
(FATHER OF THE DECEASED MALLIKARJUNA ALIAS
MALLESHI ALIAS LINGADALLU MALLIKARJUNA)
2
5. SMT LINGADALLI GANGAMMA ALIAS GANGAMMA
W/O LINGADALLI YERRISWAMY ALIAS YERRISWAMY,
AGED ABOUT 52 YEARS, HOUSE-WIFE,
(MOTHER OF THE DECEASED-MALLIKARJUNA
ALIAS MALLESHI ALIAS LINGADALLI MALLIKARJUNA)
THE PETITIONER NOS.2 AND 3 ARE SINCE MINORS,
REPRESENTED BY THEIR MOTHER AND NATURAL
GUARDIAN SMT CHANDRAMMA ALIAS LINGADALLI
CHANDRAMMA W/O LATE MALLIKARJUNA ALIAS
MALLESHI ALIAS LINGADALLI MALLIKARJUNA.
ALL ARE RESIDENTS OF KRISHNA NAGAR VILLAGE,
SANDUR TALUK, BALLARI DISTRICT
PRESENTLY RESIDING AT VINAYAKA NAGAR,
CANTONMENT, BALLARI.
... APPELLANTS
(BY SRI. DATTATRAYA TIMMANNA HEBBAR, ADVOCATE)
AND
1. SRI.KOTESH.K S/O SHANUMUKHAPPA
AGED ABOUT 44 YEARS
OCC: DRIVER OF THE TATA INDICA CAR
BEARING REG.NO. KA 04/MR-1000,
RESIDENT OF HOSABHAVI, SANDUR
BALLARI DISTRICT-585101.
2. SRI B. SUBHAN SAB S/O. BAHADDUR SAB
ALIAS DHAN BAHADURA SAB,
AGED ABOUT 47 YEARS
OWNER OF THE TATA INDICA CAR
BEARING REG.NO.KA04/MR-1000,
RESIDENT OF 1ST WARD, KRISHNA NAGAR
SANDUR TALUK, BALLARI DISTRICT-585101.
3. M/S. NATIONAL INSURANCE COMPANY LIMITED
BY ITS DIVISIONAL MANAGER
2ND FLOOR, GSR TOWERS
OPP.PETROL BUNK, MAIN ROAD
PARVATHI NAGAR, BALLARI-585101.
... RESPONDENTS
3
(BY SRI.R.R.MANE, ADVOCATE FOR R3;
NOTICE TO R1 AND 2 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
12.06.2018 PASSED IN MVC NO.745/2016 ON THE FILE OF THE
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XI AND SECOND
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, AWARDING THE
COMPENSATION OF RS.13,14,000/-, ALONG WITH INTEREST AT
THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
IN M.F.A.NO.104569 OF 2018 (MV)
BETWEEN
1. SRI.LINGADALLI YERRISWAMY ALIAS
YERRISWAMY S/O LINGADALLI SIDDAPPA,
AGED ABOUT 57 YEARS,
(FATHER OF DECEASED CHANDRAPPA
ALIAS LINGADALLI CHANDRU)
2. SMT LINGADALLI GANGAMMA ALIAS
GANGAMMA W/O YERRISWAMY ALIAS
YERRISWAMY, AGED ABOUT 52 YEARS
HOUSE-WIFE,
(MOTHER OF THE DECEASED CHANDRAPPA
ALIAS LINGADALLI CHANDRU)
... APPELLANTS
(BY SRI.DATTATRAYA TIMMANNA HEBBAR, ADVOCATE)
AND
1. SRI.KOTESH.K. S/O SHANMUKHAPPA
AGED ABOUT 44 YEARS
DRIVER OF THE TATA INDICA CAR
4
BEARING REG.NO. KA 04/MR-1000,
RESIDENT OF HOSABHAVI, SANDUR
BALLARI DISTRICT.
2. SRI B. SUBHAN SAB SON OF BAHADDUR
SAB ALIAS DHAN BAHADURA SAB,
AGED ABOUT 47 YEARS
OWNER OF THE TATA INDICA CAR
BEARING REG.NO.KA 04/MR-1000,
RESIDENT OF 1ST WARD, KRISHNA NAGAR
SADUR TALUK, BALLARI DISTRICT.
3. M/S. NATIONAL INSURANCE COMPANY LIMITED
BY ITS DIVISIONAL MANAGER, 2ND FLOOR
GSR TOWERS, OPP.PETROL BUNK, MAIN ROAD
PARVATHI NAGAR, BALLARI.
... RESPONDENTS
(BY SRI.R.R.MANE, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
12.06.2018 PASSED IN MVC NO.746/2016 ON THE FILE OF THE
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XI AND SECOND
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, AWARDING THE
COMPENSATION OF RS.9,54,000/-, ALONG WITH INTEREST AT
THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
THESE APPEALS COMING ON FOR ADMISSION THIS
DAY, ANANT RAMANATH HEGDE, J DELIVERED THE
FOLLOWING:
5
COMMON JUDGEMENT
M.F.A.No.104540/2018 is filed by the dependants of
late Mallikarjuna alias Malleshi alias Lingadalli
Mallikarjuna, seeking enhancement of compensation
awarded by Motor Accident Claims Tribunal No.XI and
Second Additional Senior Civil Judge, Ballari (hereinafter
referred as 'the Tribunal') in M.V.C.No.745/2016.
2. M.F.A.No.104569/2018 is filed by the
dependants of late Chandrappa alias Lingadalli Chandru,
seeking enhancement of compensation awarded by the
Tribunal in M.V.C.No.746/2016.
3. Both the cases are taken up together for
disposal by a common judgment.
4. Facts
in M.F.A.No.104540/2018.
The appellants before this Court, who have taken
exception to the judgment and award passed by the
Tribunal are the dependants of the late Mallikarjuna alias
Malleshi alias Lingadalli Mallikarjuna, who died in a motor
vehicle accident that occurred on 28.1.2016.
The accident occurred when the said Mallikarjuna
was riding the motorbike bearing Reg.No.KA-35/EC-6191,
as a pillion rider. The Tata India Car bearing Reg.No.KA-
04/MR-1000 came from behind in a rash and negligent
manner and dashed the motorbike. Mallikarjuna died on
the spot. The application seeking compensation filed by
the wife, two minor children and parents of Mallikarjuna
with the prayer to award compensation of Rs.33,50,000/-
is accepted by the Tribunal in part and compensation of
Rs.13,14,000/- is awarded along with interest at the rate
of 6% per annum.
5. Facts in M.F.A.No.104569/2018
In the accident referred above Chandrappa Alias,
Lingadalli Chandru who was riding the bike died on the
spot. The application was filed by the parents of late
Chandrappa Alias Lingadalli Chandru. The Tribunal
awarded compensation of Rs.9,54,000.00 with interest at
the rate of 6% per annum against the claim of
Rs.27,30,000.00. Thus, the parents of late Chandrappa
Alias Lingadalli Chandru are in an appeal seeking
enhancement of compensation.
6. The liability is fastened on the 3rd respondent
insurer of Tata Indica vehicle.
7. The insurer has not questioned the liability
imposed on it. Thus, the question that needs to be
answered in these appeals is whether the claimants-
appellants are entitled to enhancement of compensation?
Discussion in MVC No.745/2016
8. Analysing the evidence placed on record, the
Tribunal has awarded compensation in MVC No.745/2016
as under;
Sl.No. Heads Amount
1. Towards loss of dependency Rs.12,24,000.00
2. Towards loss of estate Rs.30,000.00
3. Towards loss of love and Rs.30,000.00
affection
4. Towards loss of transportation Rs.10,000.00
of dead body and cremation
5. Towards loss of consortium Rs.20,000.00
Total Rs.13,14,000.00
9. The tribunal has taken the income of the
deceased at Rs.8,000/- per month while calculating
dependency. The Tribunal adopted a multiplier of '17' and
no compensation on future prospects is awarded.
Considering the fact that the deceased was aged 26 years,
no fault can be found with the award of the Tribunal in
choosing the '17' multiplier. However, considering the fact
that the accident occurred in the year 2016, in the
absence of proof relating to the actual income of the
deceased, by placing reliance on the chart prepared by the
Karnataka State Legal Service Authority, Rs.8,750/- is to
be taken as the notional income of the deceased and
applying the ratio laid down in the case of National
Insurance Company Ltd vs. Pranay Sethi and others1,
40% is to be added towards future prospects. There is no
dispute over the fact that the deceased is survived by five
AIR 2017 Supreme Court 5157.
dependants. Hence, 1/4th is to be deducted towards the
personal expenses of the deceased. Hence, compensation
under the head of the dependency would be,
Rs.8,750/- (income per month) + Rs.3,500.00 (40%
towards future income) - Rs.3,062.00 (1/4th towards
personal expenditure) =Rs.9,187.50 x 12 (months) x 17
(multiplier) = 18,74,250.00.
10. The Tribunal awarded compensation of
Rs.30,000/- under the head of loss of estate, Rs.30,000/-
under the head of loss of love and affection, Rs.10,000/-
towards loss of transportation of the dead body and
funeral expenses and Rs.20,000/- under the head of the
consortium. The compensation awarded under the above-
said heads is to be fine-tuned to bring in conformity with
the principles laid down in the matter of Pranay Sethi
(supra). The compensation payable to the appellants
would be as under;
Heads Amount in (Rs.)
Loss of dependency 18,74,250.00
Rs.8,750/- (income per month) +
Rs.3,500.00 (40% towards future
income) - Rs.3,062.00 (1/4th
towards personal expenditure)
=Rs.9,187.50 x 12 (months) x 17
(multiplier) = 18,74,250.00
Loss of consortium 2,00,000.00
(Rs.40,000.00 each)
Loss of estate and funeral 30,000.00
expenses.
Total 21,04,250.00
11. The Tribunal has awarded interest at the rate
of 6% per annum on the compensation awarded. The rate
of interest is retained. The Tribunal has not awarded any
compensation to the father of the deceased on the premise
that the father is not the dependant. While calculating the
dependency, the Tribunal has counted the father as a
dependant. However, while apportioning compensation the
father is left out. This Court deems it appropriate to award
compensation even in favour of the father. Thus, the
compensation payable would be in the ratio of 25% in
favour of the wife, 30% each in favour of two minor
children, 10% in favour of the mother and 5% in favour of
the father of the deceased. This apportionment is in
respect of the compensation awarded under the head of
loss of dependency. As far as the compensation awarded
under the head of loss of estate and funeral expenses, the
same shall be awarded in favour of the mother and loss of
consortium of Rs.2,00,000/- awarded shall be apportioned
equally among all the five appellants, which comes to
Rs.40,000/- each.
Discussion in MVC No.746/2016
12. Analysing the evidence placed on record, the
Tribunal has awarded the following compensation in MVC
No.746/2016.
Sl.No. Heads Amount
1. Towards loss of dependency Rs.8,64,000.00
2. Towards loss of estate Rs.30,000.00
3. Towards loss of love and Rs.30,000.00
affection
4. Towards loss of transportation Rs.10,000.00
of dead body and cremation
5. Towards loss of consortium Rs.20,000.00
Total Rs.9,54,000/-
13. The Tribunal has taken the income of the
deceased at Rs.8,000/- per month while calculating
dependency. The Tribunal adopted a multiplier of '18' and
no compensation on future prospects is awarded.
Considering the fact that the deceased was aged 21 years,
no fault can be found with the award of the Tribunal in
choosing the '18' multiplier. However, considering the fact
that the accident occurred in the year 2016, in the
absence of proof relating to the actual income of the
deceased, by placing reliance on the chart prepared by the
Karnataka State Legal Service Authority, Rs.8,750/- is to
be taken as the notional income of the deceased and
applying the ratio laid down in the case of Pranay Sethi
(Supra), 40% is to be added towards future prospects.
There is no dispute over the fact that with the deceased is
survived by two dependants. And the deceased was the
bachelor. Hence, 50% is to be deducted from the personal
expenses of the deceased. Hence, compensation under the
head of the dependency would be,
Rs.8,750/- (income per month) + Rs.3,500.00 (40%
towards future income) -Rs.6,125.00 (50% towards
personal expenditure) x 12 (months) x 18 (multiplier)=
13,23,000.00.
14. The Tribunal awarded compensation of
Rs.30,000/- under the head of loss of estate, Rs.30,000/-
under the head of loss of love and affection, Rs.10,000/-
towards loss of transportation of the dead body and
funeral expenses and Rs.20,000/- under the head of the
consortium. The compensation awarded under the above-
said heads is to be fine tuned to bring in conformity with
the principles laid down in the matter of Pranay Sethi
(supra). The compensation payable to the appellants
would be as under;
Heads Amount in (Rs.)
Loss of dependency. 13,23,000.00
Rs.8,750/- (income per month) +
Rs.3,500.00 (40% towards future
income) -Rs.6,125.00 (50%
towards personal expenditure) x
12 (months) x 18 (multiplier)=
13,23,000.00.
Loss of consortium 80,000.00
(Rs.40,000.00 each)
Loss of estate and funeral 30,000.00
expenses.
Total 14,33,000.00
15. The Tribunal has awarded interest at the rate
of 6% per annum on the compensation awarded. The rate
of interest is retained. Hence, we pass the following;
ORDER
MFA No.104540/2018 and MFA No.104569/2018
are allowed in part.
Judgment and award of the Tribunal dated
12.06.2018 passed by the Motor Accident Claims Tribunal
No.XI and Second Additional Senior Civil Judge, Ballari in
MVC No.745/2016 is modified awarding compensation of
Rs.21,04,250.00 along with interest at the rate of 6% per
annum.
Judgment and award of the Tribunal dated
12.06.2018 passed by the Motor Accident Claims Tribunal
No.XI and Second Additional Senior Civil Judge, Ballari in
MVC No.746/2016 is modified awarding compensation of
Rs.14,33,000.00 along with interest at the rate of 6% per
annum.
The apportionment, deposit and disbursement shall
be made as modified by this Court wherever it is modified.
No order as to cost.
Draw modified award accordingly.
Given the disposal of the main appeals, all the
pending applications are disposed of.
SD/-
JUDGE
SD/-
JUDGE
am
