Karnataka High Court
Kum. Naveen S/O. Mudukappa ... vs K. Balakrishna S/O. B. ... on 14 January, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14 T H DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.100898/2021 (MV)
BET WEEN
SRI MU DU KAPPA
S/O B ASAPPA CHINNU R ( DIED)
1. KUM.NAVEEN,
S/O MUDUKAPPA CHINNUR,
AGE: 31 YEARS,
OCC: STUDENT.
2. KUM.SOU MYA,
D/ O MU DU KAPPA CHINNU R,
AGE: 26 YEARS,
OCC: STUDENT,
B OTH ARE R/O HUDCO COLONY ,
GADAG, TQ: & DIST: GADAG.
...APPELLANTS
(BY SRI CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND
1. K.B ALAKRISHNA,
S/O B .CHANDRASHEKHAR HEGDE,
AGE: 48 YEARS,
OCC: BU SINESS,
R/O HOTEL NAMRITA B AR & REST AURANT ,
MARATHA COLONY,
DHARWAD-580 001.
2. THE REG IONAL MA NAGER,
B HARTI AX A GENERAL INSU RANCE CO.LT D.,
1 S T FLOOR, CENT RAL B U ILDING,
2
OP P.VIDYANAGAR POLICE STATION,
HUBB ALLI-580 020.
...RESPONDENTS
(BY MISS ANU SHA SANGAMI, ADVOCATE FOR
SRI S.K.KAYAKAMATH , ADVOCAT E FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 03.10.2 019 PASS ED IN
MVC No.352/2013 ON THE FILE OF THE ADDIT IONA L
SENIOR CIVIL JU DGE AND MEMB ER, MOT OR ACCIDENT
CLAIMS TRIBU NAL, GADAG, PARTLY ALLOW ING T HE CLAIM
PET IT ION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:
JUDGMENT
The claimants being not satisfied with the
comp ensation amount award ed by the Court of Addl.
Senior Civil Judge and Member, M.A.C.T., Gadag
(hereinafter referred to as the 'Tribunal', for brevity)
in MVC No.352/2013 vide its judgment and award
dated 03.10.2019 have preferred this appeal seeking
enhancement of the compensation.
2. Though this appeal is listed for admission,
with the consent of the learned counsels appearing
for the parties, the appeal is taken up for final
disposal. The parties to this appeal are referred to by
their rankings before the Tribunal for the purpose of
convenience.
3. Brief facts of the case that would be
relevant for the purpose of disposal of this appeal
are:
The deceased Shailaja wife of Mudukappa
Chinnur who is the mother of the claimants was
traveling in a private taxi bearing registration
No.KA-53/3732 on 10.06.2013 and when the said car
reached near Mavalli village bus stop, Yallapur,
NH-63, Uttara Kannada, the offending car bearing
registration No.KA-25/Z-0060 which was driven in a
rash and negligent manner by its driver dashed
against the car in which the deceased Shailaja was
traveling and as a result, Shailaja sustained grievous
injuries and though she was shifted to hospital
immediately, she succumbed to the injuries in the
hospital. The claimants who are the son and daughter
of the deceased thereafterwards filed a claim petition
under Section 166 of the Motor Vehicles Act, 1988
(for short, the 'Act') in MVC No.352/2013 claiming
compensation of `13,30,000/- with interest from the
respondents. The Tribunal partly allowed the said
claim petition vide the impugned judgment and award
and granted compensation of `11,06,000/- with
interest at 6% per annum to the claimants from the
date of petition till realization. Being not satisfied
with the amount of compensation awarded, the
claimants are before this Court.
4. Learned counsel for the claimants submits
that the deceased was aged about 40 years and since
the accident is of the year 2013, the notional income
of the deceased ought to have been taken at `7,000/-
per month instead of `6,000/-. He submits that the
proper multiplier applicable having regard to the age
of the deceased would be '15' and 40% of her income
is required to be taken into consideration towards
loss of future prospects. He submits that the
compensation awarded by the Tribunal under
conventional heads is on the lower side.
5. Per contra, learned counsel appearing for
the Insurer has argued in support of the impugned
judgment and award passed by the Tribunal and
submits that the compensation awarded is just and
proper and needs no interference. However, the
liability of the Insurer to pay the compensation
amount is not disputed.
6. The accident in question is not disputed
and so also the involvement of the offending car
bearing No.KA-25/Z-0060 in the said accident.
Smt.Shailaja, who is the mother of the claimants,
had died as a result of the injuries suffered by her in
the said accident. The deceased Shailaja was aged
about 40 years and she had claimed that she had an
income of `10,000/- per month. In the absence of
substantive evidence to prove the income, having
regard to the date of the accident, the Tribunal ought
to have taken a notional income of the deceased at
`7,000/- per month, in view of the chart maintained
by the Karnataka State Legal Service Authority for
the purpose of disposal of the road traffic accident
claim petitions before the Lok Adalath. The claimants
are two in number and therefore 1/3 r d of the income
of the deceased is required to be deducted towards
her personal expenses. 40% of her income is
required to be taken into consideration towards loss
of future prospects of the deceased. As rightly
contended by the learned counsel for the claimants,
the proper multiplier applicable in the case would be
'15' having regard to the age of the deceased.
Therefore, towards 'loss of dependency', the
claimants would be entitled for a sum of
` 11,76,120/- [`6524 (9800-3266) x 12 x 15] in
place of `10,75,200/- awarded by the Tribunal.
7. Towards 'loss of filial love and affection',
the claimants are entitled for a sum of `40,000/-
each and towards funeral and other miscellaneous
expenses, they are together entitled for a sum of
`30,000/-. Therefore, under the conventional heads,
the claimants are entitled for a sum of ` 1,10,000/-.
8. Under the circumstances, the claimants are
entitled for a total compensation of ` 12,86,120/- as
against `11,05,200/- awarded by the Tribunal.
Accordingly I pass the following:
ORDER
The appeal is allowed in part. The claimants
are entitled for an enhanced compensation of
`1,80,920/- in addition to the compensation awarded
by the Tribunal. The enhanced compensation amount
shall also carry interest at 6% p.a. from the date of
petition till realization.
Since the liability has not been disputed by the
Insurer, the enhanced compensation amount with
interest shall also be deposited by the Insurer before
the Tribunal within a period of six weeks from the
date of receipt of certified copy of this order.
The order passed by the Tribunal insofar as it
relates to apportionment, disbursement and deposit,
remains unaltered and the same shall also be
applicable to the enhanced amount of compensation.
Sd/-
JUDGE
CLK /ga b
