Karnataka High Court
Smt Sakamma vs Sri Narayana M on 2 June, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
M.F.A No.2312 OF 2018(MV)
BETWEEN:
1. SMT. SAKAMMA
W/O. LATE V.C. NARAYANAPPA
AGED ABOUT 47 YEARS
2. OBAMMA
S/O. LATE CHENNEER NAIKA
AGED ABOUT 77 YEARS
BOTH ARE R/AT. D.V. HALLI
DABBEGATTA POST
DODDERI HOBLI
MADUGIRI TALUK
NOW R/AT AREKERE
ANTARSANA HALLI
TUMAKURU TALUK- 572 106.
...APPELLANTS
(BY SRI. SHANTHARAJ K., ADVOCATE)
AND:
1. SRI. NARAYANA M.,
S/O. LATE MANJUNATH
AGED ABOUT 47 YEARS
R/AT ANTHARSANAHALLI
AREKERE POST
TUMAKURU - 572 106.
2
2. THE NEW INDIA ASSURANCE
COMPANY LTD.,
REPRESENTED BY ITS MANAGER
OPP. TO RAMAMANDIRA
BAR LINE ROAD
K.R. EXTENSION
TUMAKURU CITY - 572 101.
... RESPONDENTS
(BY SRI. A.M. VENKATESH, ADVOCATE FOR R2
NOTICE TO R-1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.
ACT AGAINST THE JUDGMENT AND AWARD DATED
15.06.2017 PASSED IN MVC NO.728/2016 ON THE FILE OF
THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND MEMBER, ADDITIONAL MACT, TUMKURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This miscellaneous first appeal is filed by the
claimants against the judgment and award dated
15.06.2017 passed by the VI Addl. District and Sessions
Judge and Member, AMACT, Tumakuru, in MVC
No.728/2016, on account of the death of one V.C.
Narayanappa who died in a road traffic accident
occurred on 16.04.2016.
2. Brief facts of the case are that :
On 16.04.2016 at about 2.00 p.m., One Laxmana
along with V.C. Narayanappa were proceeding near
Tumbadi Village of Siddarabetta Cross over Madhugiri
Koratagere Road, towards Siddarabetta in a motor bike
bearing registration No.KA-64-H-2984. Laxmana was
the pillion rider. When they were proceeding in a motor
cycle, the driver of Maruthi Krupa bus bearing
registration No.KA-06-D-1421 came in a rash and
negligent manner, dashed the motor bike from back
side, due to the impact, both Laxmana (pillion rider) and
V.C. Narayanappa (rider) have sustained grievous
injuries and Laxmana died in the spot. Sri. V.C.
Narayanappa was shifted to the Government Hospital,
Koratagere and thereafter to District Hospital,
Tumakuru, took treatment and then the doctor advised
to shift him to NIMHANS, Bangalore for higher
treatment. While he was on the way to the NIMHANS,
Bangalore, he died.
3. The claimants, who are the mother and wife
of the deceased V.C. Narayanappa have filed the claim
petition claiming compensation of Rs.65 Lakhs before
the AMACT, Tumakuru. The Tribunal has awarded a
global compensation of Rs.7,80,000/- with interest at
7.5% per annum, from the date of petition till the date
of realization. Being aggrieved by the award passed by
the Tribunal, the appellants/claimants have filed the
present appeal, seeking enhancement of compensation.
4. Sri. Shantaraj K., learned counsel for the
appellants/claimants has contended that at the time of
the accident, the deceased was earning Rs.25,000/- per
month, working as a mason and also produced Ex.P14 -
I.D. Card of Karnataka Building and Other Construction
Workers Welfare Board. The Tribunal has assessed the
notional income of the deceased at Rs.7,500/- per
month, which is on the lower side.
5. He further contended that in view of the
judgment of the Hon'ble Apex Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and others reported in 2017 ACJ 2700, 10% of
the income of the deceased has to be added towards
future prospects and Rs.15,000/- towards loss of estate.
6. Lastly, he has contended that in view of the
judgment of the Hon'ble Apex Court in the case of
Magma General Insurance Co. Ltd., vs Nanu Ram
and others reported in 2018 ACJ 2782, the claimants
are entitled for Rs.40,000/- each towards loss of
consortium. Therefore, he sought for enhancement of
compensation.
7. Per contra, Sri. A.M. Venkatesh, learned
counsel appearing for the Insurance Company has
contended that even though the claimants have claimed
that the deceased was earning Rs.25,000/- per month.
except producing the I.D. card as per Ex.P14, no
document has been produced much less the bank
statement to show that he was getting Rs.25,000/- per
month. He further contended that the compensation
award by the Tribunal for funeral expenses at Rs,
50,000/- is contrary in the law laid down by the Hon'ble
Apex court in PRANAY SETHI (supra). He further
contended that considering the age, year of the accident
and avocation of the deceased, the compensation
awarded by the Tribunal is just and reasonable. Lastly,
he has contended that the interest awarded by the
Tribunal at the rate of 7.5% is on the higher side
contrary to the law lard down by a Division Bench of
this court in the case of Mr. Joyeeta Bose and ors Vs.
Venkateshan V. and ors (MFA.5896/2018 and
connected cases disposed of on 24.08.2020). Hence, he
sought for dismissal of the appeal.
8. Heard the learned counsel for the parties.
Perused the judgment and award passed by the
Tribunal.
9. It is not in dispute that Sri. V.C.
Narayanappa died in a road traffic accident occurred on
16.04.2016, due to rash and negligent driving of the
driver of the bus bearing registration No.KA-06-D-1421.
10. The claimants claims that the deceased was
earning Rs.25,000/- per month and they have produced
Ex.P14 - I.D. Card of Karnataka Building and other
Construction Workers Welfare Board. Except that, no
document has been produced to prove that the deceased
was earning Rs.25,000/- per month. Under these
circumstances, the notional income has to be assessed
as per the guidelines issued by the Karnataka State
Legal Services Authority, for the accident of the year
2016 as Rs.9,500/- per month. In view of the judgment
of Pranay Sethi's case supra, 10% of the income of the
deceased has to be added towards the future prospects.
Since there are 2 claimants, 1/3rd of the income of the
deceased has to be deducted towards personal
expenditure. The deceased was aged about 52 years at
the time of the accident. The appropriate multiplier
applicable to the age group of the deceased is 11.
Accordingly, the loss of income is calculated as
Rs.9,500+Rs.950 (10% of Rs.9500/-) = Rs.10,450/-
Rs.10,450 x 1/3 (personal expenditure) = Rs.3,483/-,
Rs.10,450 - Rs.3,483 = Rs.6,967/-)
Rs.6,967 x 12 x 11 = Rs.9,19,644/- is awarded towards
loss of dependency. In addition, a sum of Rs.15,000/-
is awarded towards loss of estate. A sum of Rs.15,000/-
is awarded towards funeral expenses. In view of
judgment of the Hon'ble Apex Court in Magma's case,
stated supra, the 1st claimant is entitled for a sum of
Rs.40,000/- towards 'spousal consortium' and a sum of
Rs.40,000/- is awarded towards 'filial consortium'. A
sum of Rs.5,000/- awarded by the Tribunal towards
'Medical Expenses' is retained. In all, the claimants are
entitled for a total compensation of Rs.10,34,644/- as
against Rs.7,80,000/- awarded with the Tribunal. The
breakup is as under:
Sl.
Particulars Amount
No.
01. Loss of dependency Rs.9,19,644-00
02. Loss of Estate Rs.15,000-00
03. Funeral Expenses Rs.15,000-00
04. Spousal consortium Rs.40,000-00
05. Filial consortium Rs.40,000-00
06. Medical Expenses Rs.5,000-00
TOTAL RS.10,34,644-00
11. In view of the above, I pass the following :
ORDER
(i) The miscellaneous first appeal is allowed in
part.
(ii) The judgment and award dated 15.06.2017
passed by the VI Addl. District and Sessions
Judge and Member, AMACT, Tumakuru, in
MVC No.728/2016, is modified.
(iii) The claimants are entitled for the
compensation of Rs.10,34,644/- as against
Rs.7,80,000/- awarded with the Tribunal.
(iv) The enhanced compensation shall carry
interest 6% per annum, from the date of
petition till the date of realization.
(v) The Insurance Company is directed to
deposit the entire compensation amount
with interest at 7.5% per annum, (interest @
6% pa on the enhanced compensation)
within a period of six weeks from the date of
receipt of the copy of the judgment.
Sd/-
JUDGE
snc
