Smt.Gouramma W/O Basavarajappa ... vs Mr.Arjun S S/O Shivalinga
2022 Latest Caselaw 801 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 18 T H DAY OF JANUARY, 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

              M.F.A. No.103506/2019 (MV)

BET WEEN

1.    SMT.GOU RAMMA,
      W/O B ASAVARAJAPPA A.K.,
      AGE: 43 YEARS, OCC: NIL.

2.    SMT.ROOPA,
      D/ O B ASAVARAJAPPA A.K.
      @ ROOPA W/O RA NGESH P.,
      AGE: 25 YEARS, OCC: NIL.

3.    KUMAR SANTOSH,
      S/O B ASAVARAJAPPA A.K.,
      AGE: 24 YEARS, OCC: NIL.

4.    SHRI JALADURGAP PA,
      D/ O DURGAPPA,
      AGE: 68 YEARS, OCC: NIL.

      ALL ARE R/O ARENAKOPPA,
      POST: HARNAHAL LI,
      TQ : DIST : SHIVA MOGGA,
      NOW @ U MASHANKAR NAGAR,
      RANEB ENNU R, TQ: RANEB ENNU R,
      DIST: HAVER I.
                                           ...APPELLANTS
(BY SRI CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

AND

1.    MR.ARJU N S. S/O SHIVA LINGA,
      R/O # 115, MELPA L,
      TQ: N R PU RA,
      DIST: CHIKKAMANGALURU -577134,
                                  2




        (OWNER OF THE VEHICLE B EARIN G
        REG.NO.KA-19/T R-004778/2016- 17)

2.      THE DIV IS IONAL MANAGER,
        U NIT ED INDIA INSU RANCE COMPANY LIMIT ED,
        MICRO OFFICE, SU DAMB I CHALA,
        ASHOK CIRCLE,
        RANEB ENNU R-581115.
                                           ...RESPONDENTS

(BY SRI R.R.MANE, 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 07.09.2 018 PASS ED IN
MVC No.278/ 2017 ON T HE FILE OF T HE III ADDIT IONAL
SENIOR CIV IL JU DGE AND ADDIT IONAL MOT OR ACCIDENT
CLAIMS TRIB UNAL, RANEB ENNU R, PARTLY ALLOWING THE
CLAIM   PET IT ION FOR  COMPENSAT ION  AND   S EEKING
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 III

Addl. Senior Civil Judge and Addl.M.A.C.T.,

Ranebennur (hereinafter referred to as the 'Tribunal',

for brevity) in MVC No.278/2017 disposed off vide

judgment and award dated 07.09.2018 have

preferred this appeal seeking enhancement of the

compensation amount.

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. The undisputed facts of the case that would

be relevant for the purpose of disposal of this appeal

are:

The deceased Basavarajappa who was riding his

motorcycle bearing registration No.KA-14/EK-1956 on

17.10.2016 met with a road traffic accident at about

18.30 hours when the offending vehicle bearing

registration No.KA-19/TR-4778 dashed against his

motorcycle and caused the accident. The deceased

Basavarajappa had suffered multiple injuries in the

said accident and though he was shifted to the

hospital, he succumbed to the injuries in the

hospital. The claimants who are the wife, children

and father of the deceased had filed a claim petition

under Section 166 of the Motor Vehicles Act, 1988

(for short, the 'Act') claiming compensation of

`50,00,000/- with interest from the owner and

insurer of the offending vehicle. The Tribunal vide its

judgment and award partly allowed the claim petition

granting compensation of `13,41,944/- with interest

at 7% per annum. Being aggrieved by the same, the

claimants are before this Court.

4. Learned counsel for the claimants submits

that the notional income of the deceased has been

wrongly taken at `8,000/- per month as against

`8,750/- having regard to the income chart

maintained by the Karnataka Legal Services Authority

for the purpose of disposal of motor accident cases in

the Lok Adalath. He submits that even under the

conventional heads, the compensation awarded by

the Tribunal is on the lower side.

5. Per contra, learned counsel appearing for

the insurer submits that the amount of compensation

awarded by the Tribunal is just and proper and needs

no interference and accordingly prays to dismiss the

appeal.

6. I have carefully appreciated the arguments

addressed on both sides and also perused the

material available on record.

7. The accident in question is not disputed, so

also the involvement of the offending vehicle in the

accident and the fact that the offending vehicle which

had caused the accident was duly insured by the

insurer as on the date of accident. The liability to pay

compensation amount is also not disputed by the

insurer. The only question that needs consideration in

this appeal is with regard to the quantum of

compensation awarded by the Tribunal to the

claimants. The deceased Basavarajappa was aged

about 44 years as on the date of accident. The

notional income of the deceased was taken at

`8,000/- per month. As rightly contended by the

learned counsel for the claimants, the notional

income ought to have been taken at `8,750/- per

month and this aspect is not disputed by the learned

counsel for the insurer. Having regard to the age of

the deceased, 25% of his income was required to be

taken into consideration towards loss of his future

prospects and the proper multiplier applicable would

be '14'. Having regard to the fact that the

dependants are only three in number, the Tribunal

had rightly deducted 1/3 r d of his income towards

personal expenses considering the fact that the 2 n d

claimant was the married daughter of the deceased.

Therefore, towards loss of dependency, the claimants

are totally entitled for a sum of `12,24,944/- as

against `12,31,944/- awarded by the Tribunal.

Towards loss of consortium and loss of filial love and

affection, the claimants are entitled for a sum of

`40,000/- each and they are together entitled for a

further sum of `30,000/- towards funeral and loss of

estate. Therefore under the conventional heads, the

claimants are entitled for a sum of `1,90,000/- and

towards medical expenses, they are entitled for a

sum of `10,000/-.

8. In all, the claimants are entitled for a total

compensation of `14,24,944/- as against the

compensation amount of `13,41,944/- awarded by

the Tribunal. The enhanced amount of compensation

shall carry interest as awarded by the Tribunal from

the date of petition till realization.

Since the liability to pay compensation by the

insurer is not disputed, the enhanced compensation

amount with interest shall 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

etc., shall remain unaltered and the same would also

be applicable to the enhanced compensation.

The appeal is accordingly partly allowed.

Sd/-

JUDGE CLK