Lakshmamma vs K Geetha
2022 Latest Caselaw 9251 Kant

                           1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF JUNE, 2022

                       BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

           M.F.A.NO.2632 OF 2015 (MV-D)

BETWEEN:

  1. LAKSHMAMMA,
     W/O LATE KENCHAMUNIYAPPA,
     AGED ABOUT 51 YEARS.

  2. NARAYANAMMA,
     D/O LATE KENCHAMUNIYAPPA,
     W/O VENKATESHAPPA,
     AGED ABOUT 31 YEARS,

  3. ANJINAMMA,
     D/O LATE KENCHAMUNIYAPPA,
     W/O MUNIAHYA,
     AGED ABOUT 29 YEARS,

  4. MUNIRATHNAMMA,
     D/O LATE KENCHAMUNIYAPPA.
     W/O RAMACHANDRAPPA,
     AGED ABOUT 25 YEARS,

  5. SOWBHAGYA,
     D/O LATE KENCHAMUNIYAPPA,
     AGED ABOUT 21 YEARS,

ALL ARE R/O BEGLI HOSAHALLI VILLAGE & POST,
KOLAR TALUK - 563101.                   ...APPELLANTS

(BY SRI PAVANA CHANDRA SHETTY H, ADV.)
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AND:

   1. K GEETHA,
      W/O RAVINDRANATH,
      AGED ABOUT 31 YEARS,
      R/AT NO.1950, NAGARAKUNTE TOWN,
      KATARIPALYA, KOLAR TOWN - 563101.

   2. THE NEW INDIA INSURANCE COMPANY LTD.,
      BRANCH OFFICE, BAGALUR MANSION,
      DODDAPET, KOLAR - 563101,
      REP. BY ITS MANAGER.             ...RESPONDENTS

(BY SRI M.P.SRIKANTH, ADV. FOR R2,
 V/O/DT: 20.03.2019, NOTICE TO R1 IS DISPENSED WITH)
                            ----
      THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 15.11.2014
PASSED IN MVC NO.81/2014 ON THE FILE OF THE II
ADDITIONAL DISTRICT JUDGE, MACT, KOLAR, 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 15.11.2014 passed by the II Additional

District Judge and MACT, Kolar in MVC No.81/2014.

2. For the sake of convenience, parties are referred

as per their rank before the Tribunal.

3. Heard Shri. Pavan Chandra Shetty H., learned

advocate for the appellant and Shri. M.P. Srikanth, learned

advocate for respondent No.2. Issuance of notice to

respondent No.1 is dispensed vide order dated

20.03.2019.

4. The claim petition is filed by the dependents of

deceased Kenchamuniyappa, who died in a motor vehicle

accident which took place on 23.12.2013 at 8.00 a.m.,

near Begli Hosahalli Village, the driver of the TATA Indica

Car bearing Reg No.KA-07-8291 drove in a rash and

negligent manner so as to endanger human life and

dashed Kenchamuniyappa, who was returning to his village

after finishing agricultural work. Due to the said accident,

Kenchamuniyappa sustained grievous injuries and he

succumbed to injuries while undergoing treatment in the

hospital. The deceased was an agriculturist aged 55 years.

There is no proof relating income of the deceased. The

Tribunal has taken notional income of Rs.6,000/- per

month and awarded compensation as under :-

1         Loss of Income               Rs. 7,20,000/-

2         Consortium                   Rs.   25,000/-

3         Loss of love and affection   Rs.   25,000/-

4         Loss of estate               Rs.   25,000/-

5         Funeral     and     obsequies Rs. 25,000/-
          Transportation of dead body
          Total                         Rs.8,20,000/-

5. The appellants being aggrieved have preferred

this appeal seeking enhancement.

6. This Court has perused the records. The accident

has taken place in the year 2013. Since, there is no proof

of income of deceased, as per the chart prepared by the

Karnataka State Legal Services authority, notional income

of Rs.8,000/- per month is to be taken for the accident of

the year 2013 plus 10% towards future prospects has to

be added. The deceased is having five dependents, under

this circumstance 1/4 income of the deceased be deducted

towards personal expenses. Accordingly, compensation

under the head of loss of dependency would be

Rs.8000+800X11X12X3/4 =8,71,200/-.

7. It is also noticed that compensation awarded

under the head of consortium, loss of estate and funeral

expenses is not to granted in proportion to the ratio laid

down by the Hon'ble Apex Court reported in (2017) 16

SCC 680 in the case of National Insurance Company

Limited V/s. Pranay Sethi and others and the same

needs to be modified. As there are five dependents,

Rs.40,000/- is to be awarded to each towards loss of

consortium. Tribunal has awarded Rs.25,000/- towards

Loss of consortium which needs to be enhanced to

Rs.2,00,000/-. Tribunal has awarded Rs.25,000/- under

the head of loss of estate and Rs.25,000/- towards funeral

expenses which has to be reduced to Rs.15,000/- each as

per Pranay Sethis's case supra.

8. Thus, the claimant is entitled for recalculation of

compensation as under :-

1 Loss of dependency Rs. 1,51,200/-

(Rs.8,71,200-Rs.7,20,000) 2 Consortium Rs. 1,75,000/-

          (40000X4=1,60,000         -
          Rs.25,000 awarded by the
          tribunal)

4         Loss of estate                     Rs.    15,000/-

5         Funeral     and     obsequies Rs. 15,000/-
          Transportation of dead body
          Total                         Rs. 3,56,200/-



    9. Hence, the following :-

                              ORDER

    (i)      Appeal is allowed-in-part. The impugned judgment

    and      award    dated   15.11.2014   passed    by   the    II

Additional District Judge and MACT, Kolar in MVC

No.81/2014 is modified.

(ii) The appellants/claimants are entitled for enhanced

compensation of Rs.3,56,200/- along with interest @

6% p.a. from the date of the petition till realisation.

(iii) The 2nd respondent/insurance company shall

deposit the amount after deducting the amount, if any,

already paid within 8 weeks from the date of receipt of

copy of this order.

(iv) In all other aspects, the award of the Tribunal is

undisturbed.

Sd/-

JUDGE

HD