Karnataka High Court
Smt Mahadevamma vs K M Nagaraju on 16 June, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MFA.NO.4165/2016(MV-D)
BETWEEN:
1. SMT MAHADEVAMMA
W/O LATE KRISHNA
AGED ABOUT 38 YEARS
2. UMA D/O LATE KRISHNA
AGED ABOUT 22 YEARS
3. DEVARAJU S/O KRISHNA
AGED ABOUT 20 YEARS
ALL ARE R/AT ALAGUDU VILLAGE
KASABA HOBLI, T NARASIPURA TALUK
MYSORE DIST - 571 101
... APPELLANTS
(BY SRI. MAHADEVA SWAMY .P, ADVOCATE)
AND:
1. K M NAGARAJU
S/O MALLAIAH
AGED ABOUT 42 YEARS
R/AT KENCHAIAHNA DODDI VILLAGE
YELLEMOLA POST KOLLEGALA TALUK
CHAMRAJANAGAR DISTRICT - 570 414
2. THE DIVISIONAL MANAGER
UNITED INDIA INS. CO LTD
CHAMARAJA DOUBLE ROAD
MYSORE - 570 021
... RESPONDENTS
(BY SRI. B.A. RAMAKRISHNA, ADVOCATE FOR R2,
2
V/O DTD: 23.11.2021, NOTICE TO R1 IS DISPENSED)
THIS APPEAL IS FILED UNDER SECTION UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED 29.01.2016 PASSED IN MVC
NO.484/14 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC, KOLLEGAL, 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 appeal is filed by the claimants seeking
enhancement of compensation challenging the
judgment and award dated 29.01.2016 in
MVC.No.484/2014 passed by the Senior Civil Judge
and JMFC, Kollegal.
2. For the sake of convenience, parties shall
be referred as per their status before the Tribunal.
3. Heard Sri.Mahadeva Swamy.P, learned
advocate for the claimants and Sri.B.A.Ramakrishna,
learned advocate for the insurance company.
4. The accident in question took place on
06.08.2018. There is no dispute over the fact that on
account of the fact that Krishna died on 07.08.2014. It
is claimed that Krishna was a mason and was earning
Rs.15,000/- p.m., The claim petition is filed by the
wife and two children. The Tribunal allowed the claim
petition in part and awarded the compensation of
Rs.9,64,880/- with interest at the rate of 6% p.a.
5. Learned counsel for the claimants
submitted that deceased was mason and earning
Rs.15,000/- per month. Learned Tribunal has erred
in considering the income of the deceased as
Rs.7,000/- p.m., and accordingly sought for
enhancement.
6. This Court has to consider the evidence on
record. There is no proof relating to the income of the
deceased. In the absence of any proof, by taking
recourse to the chart prepared by Karnataka State
Legal Services Authority, this Court is of the opinion
that Rs.8,500/- p.m., should be taken as notional
income of the deceased as the accident took place in
the year 2014.
7. Deceased was aged 41 years. Hence the
applicable multiplier is 14 and future prospects is to
be added at the rate of 25%.
8. First claimant is the wife, claimants No.2
and 3 are children of the deceased. Hence, 1/3rd is
deductible from the earnings of the deceased while
calculating loss of dependency.
9. Thus, the monthly notional income works
out to Rs.10,625/- (Rs.8,500+2,125) [by adding 25%
towards future prospects (Rs.8,500X25%=Rs.2,125)].
After deducting 1/3rd, it works out to Rs.7,083/- per
month (Rs.10,625X2/3). The Annual notional income
works out to Rs.84,996/- (7,083X12). By applying 14
as multiplier, the loss of dependency works out to
Rs.11,89,944/- (Rs.84,996X14). The Tribunal has
granted the compensation of Rs.8,39,880/- towards
loss of dependency. Under these circumstances, the
loss of dependency is enhanced by Rs.3,50,064/-.
10. The Tribunal has not awarded anything
towards loss of estate and claimants are entitled to
Rs.15,000/- towards loss of estate. Tribunal has
awarded Rs.30,000/- each towards parental
consortium to the children which has been enhanced
by Rs.10,000/- each.
11. Thus the compensation payable could be:
Sl. Description Amount
No
1 Loss of dependency
Rs.3,50,064
2 ADD:Consortium
Rs.20,000
(10,000X2)
3 ADD:Loss of estate Rs.15,000
Enhanced Compensation Rs.3,85,064
12. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding
that claimants are entitled for a total
compensation of Rs.13,49,944/-, as against
Rs.9,64,880/- awarded by the Tribunal,
payable with interest at 6% p.a., from the
date of filing claim petition till the date
of payment. The enhanced compensation is
Rs.3,85,064/-;
(ii) Insurer shall pay the enhanced
compensation amount of Rs.3,85,064/- with
interest at 6% p.a., excluding the amount
paid/deposited within eight weeks from the
date of receipt of a copy of this order.
Disbursement shall be made as directed by
the Tribunal.
Sd/-
JUDGE
NS
