Karnataka High Court
Smt. Lalitha vs Shri. Rajashekara Murthy on 20 July, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO.5224 OF 2016 (MV-D)
BETWEEN:
1. SMT.LALITHA
W/O.LATE RAJEGOWDA
AGED ABOUT 51 YEARS
ANKAPURA VILLAGE
KATTAYA HOBLI
HASSAN TALUK
HASSAN DISTRICT-573 120
2. SMT.MODHAMANI
W/O.DHARANESHA
AGED ABOUT 38 YEARS
ANKAPURA VILLAGE
KATTAYA HOBLI
HASSAN TALUK
HASSAN DISTRICT-573 120
3. SMT.HEMALATHA
W/O.JAGADEESHA
AGED ABOUT 34 YEARS
RAYASAMUDRA
KIRUGADALU POST
ALUR TALUK
HASSAN DISTRICT-573 213
4. SMT.VEENA
W/O.RAVIKUMARA
AGED ABOUT 33 YEARS
ANKAPURA VILLAGE
KATTAYA HOBLI
HASSAN TALUK
HASSAN DISTRICT-573 120
2
5. SHRI DAYANANDA
AGED ABOUT 31 YEARS
ANKAPURA VILLAGE
KATTAYA HOBLI
HASSAN TALUK
HASSAN DISTRICT-573 120 ...APPELLANTS
(BY SRI PALLAVA R., ADVOCATE)
AND:
1. SHRI RAJASHEKARA MURTHY
S/O.GOPALAIAH
MALLADEVARAPURA VILLAGE & POST
KATTAYA HOBLI, HASSAN TALUK
HASSAN DISTRICT-573 120
2. THE MANAGER
THE NATIONAL INSURANCE CO. LTD.
OLD BUS STAND ROAD
HASSAN-573 201 ... RESPONDENTS
(BY M/S.SAAKSHA LEGAL, ADVOCATES FOR R-1;
SMT.GOWHARUNNISA, ADVOCATE FOR R-2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 04.01.2016 PASSED IN MVC
NO.831/2015 (ANNEXURE-A) PASSED BY 5TH ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN
AND ETC.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellants and learned
counsel for respondent-Insurer.
2. The appellants are in appeal challenging the judgment
and award passed in MVC.No.831/2015 to the extent of the
disallowed claim. In terms of the judgment and award dated
04.01.2016, 5th Additional District and Sessions Judge,
Hassan, has awarded compensation of Rs.4,35,000/- along
with interest @ 6% p.a. from the date of petition till date of
deposit.
3. The Insurer has questioned the liability. The deceased
was aged about 60 years at the time of accident. The accident
occurred in the year 2015. The claim petition is filed by the
wife and four children of the deceased. The claimants claim
that the deceased was earning an income of Rs.15,000/- per
month and the was not established. The tribunal has taken the
income of deceased at Rs.5,000/-. In the absence of proof
relating to income, the chart prepared by the Karnataka State
Legal Services Authority would be the guiding factor to
determine the notional income. The accident for the year
2015, Rs.9,000/- would be the income per month. Since the
deceased was aged about 60 years at the time of the accident,
10% to be added towards future prospects. Thus, the notional
income would be Rs.9,900/-. The appropriate multiplier would
be '9'. Since the deceased is survived by five dependents,
1/4th has to be deducted towards personal expenditure of the
deceased. In that event, the compensation payable under the
head of loss of dependency is Rs.8,01,900/- (Rs.9,900/- x
12 x 9 x ¾).
4. The tribunal has awarded compensation under other
heads as under:
Loss of dependency Rs.3,60,000-00
Loss of consortium Rs.25,000-00
Loss of love and affection Rs.25,000-00
Funeral expenses Rs.10,000-00
Expenses for transportation of dead body Rs.10,000-00
Loss of estate Rs. 5,000-00
Total Rs.4,35,000-00
5. In terms of ratio laid down in the case of National
Insurance Company Limited vs. Pranay Sethi and
others reported in (2017) 16 Supreme Court Cases 680,
the compensation has to be re-determined in respect of non-
conventional heads. Since there are five claimants, who are
wife and children, each of them would be entitled to
Rs.40,000/- towards of loss of consortium. Claimant No.1 is
entitled for Rs.15,000/- towards loss of estate and
Rs.15,000/- towards funeral expenses and the compensation
awarded under other heads i.e. towards love and affection and
transportation of dead body etc., by the tribunal, shall stand
intact.
Accordingly, the claimants are entitled for total
compensation as under:
Sl.No. Heads Amount (Rs.)
1. Loss of dependency 8,01,900-00
2. Loss of consortium 2,00,000-00
(Rs.40,000/- x 5)
3. Towards love and affection 25,000-00
4. Towards funeral expenses 15,000-00
3. Towards transportation of 10,000-00
dead body etc.
4. Towards loss of estate 15,000-00
TOTAL 10,66,900-00
Less: Awarded by the tribunal 4,35,000-00
Enhanced compensation 6,31,900-00
Hence, the following:
ORDER
(i) The appeal is allowed-in-part;
(ii) The impugned judgment and award dated
04.01.2016 passed by 5th Additional District
and Sessions Judge and Additional MACT,
Hassan in M.V.C.No.831/2015 is modified;
(iii) The appellant is entitled for total compensation
of Rs.10,66,900/- as against Rs.4,35,000/-
awarded by the Tribunal. The total
compensation shall carry interest @ 6% p.a.
from the date of the petition till the date of
deposit;
(iv) The Insurance Company shall deposit the
compensation amount along with interest after
deducting the amount, if any, already
deposited;
(v) The apportionment of compensation as made
by the tribunal shall apply even to the
enhanced compensation.
Learned counsel for appellants graciously submits that
there is a delay of 37 days in filing the appeal and the
appellants do not claim any interest for the delayed period.
Sd/-
JUDGE
LB
