Karnataka High Court
The Manager vs Madamma on 2 March, 2022
Bench: P.S.Dinesh Kumar, M G Uma
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
MFA NO.768 OF 2020 (MV-D)
C/W
MFA NO.4033 OF 2018 (MV-D)
IN MFA NO.768/2020
BETWEEN:
MADAMMA
W/O LATE JAVARANAIKA
AGED ABOUT 40 YEARS
R/AT NO.2298, 7TH CROSS
BASAWESHWARA ROAD
K.R.MOHALLA
MYSURU - 577024.
PERMANENT ADDRESS:
DANGERE VILLAGE
KOLLEGAL TALUK
CHAMARAJA NAGARA DISTRICT - 571440 ... APPELLANT
(BY SHRI.D.L.MURTHY, ADVOCATE)
2
AND:
1. RAVIKUMAR M C
S/O CHIKKAMOGANNA
AGED ABOUT 30 YEARS
UDAYARANGA BUS DRIVER
BACK SIDE OF ITI COLLEGE
EDGA MOHALLA, WARD NO.7
MALAVALLI TOWN
MANDYA DISTRICT - 571430
2. R.N.KAVITHA
W/O K.NAGENDRA
AGED ABOUT 38 YEARS
M/S. SRI.UDAYARANGA MOTORS SERVICE
MYSURU ROAD, MALAVALLI TOWN
MANDYA DISTRICT - 571430.
3. THE NATIONAL INSURANCE CO. LTD.,
RAMASWAMY CIRCLE
MYSURU
REPRESENTED BY MANAGER
MYSURU DISTRICT - 560 002. ... RESPONDENTS
(BY SHRI.LAKSHMI NARASAPPA, ADVOCATE FOR
SHRI.A.M.VENKATESH, ADVOCATE FOR R3;
R.1 & R.2 - SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.01.2018 PASSED IN
MVC NO.650/2014 ON THE FILE OF THE JUDGE, ADDITIONAL COURT
OF SMALL CAUSES, MYSURU, AS A PRESIDING OFFICER, MOTOR
ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
IN MFA NO.4033/2018
BETWEEN:
THE MANAGER
NATIONAL INSURANCE CO. LTD.,
RAMASWAMY CIRCLE
3
MYSURU
NOW REPRESENTED BY
ITS REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.,
NO.144, SHUBHARAM COMPLEX
M.G.ROAD, BENGALURU ... APPELLANT
(BY SHRI.LAKSHMI NARASAPPA, ADVOCATE FOR
SHRI.A.M.VENKATESH, ADVOCATE)
AND:
1. MADAMMA
W/O JAVARANAIKA
NOW AGED ABOUT 39 YEARS
R/AT NO.2298, 7TH CROSS
BASAWESHWARA ROAD
K.R.MOHALLA
MYSURU
PERMANENT ADDRESS:
DANGERE VILLAGE
KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT
2. RAVIKUMAR M C
S/O CHIKKAMOGANNA
NOW AGED ABOUT 29 YEARS
(DRIVER OF BUS)
R/AT BACK SIDE OF ITI COLLEGE
EDGA MOHALLA, WARD NO.7
MALAVALLI TOWN
MANDYA DISTRICT
3. R.N.KAVITHA
W/O K.NAGENDRA
NOW AGED ABOUT 37 YEARS
M/S. SRI UDAYARANGA MOTORS SERVICE
MYSURU ROAD
MALAVALLI TOWN
... RESPONDENTS
(BY SHRI.D.L.MURTHY, ADVOCATE FOR R.1;
SHRI.ANANDA, ADVOCATE FOR R.3 (ABSENT)
R.2 - SERVED)
4
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.01.2018 PASSED IN
MVC NO.650/2014 ON THE FILE OF THE JUDGE, ADDITIONAL COURT
OF SMALL CAUSES AND MACT, MYSURU, AWARDING COMPENSATION
OF RS.8,41,250/- ALONG WITH INTEREST AT THE RATE OF 6% P.A.
FROM THE DATE OF PETITION TILL ITS REALIZATION.
THESE MFAs COMING ON FOR ORDERS THIS DAY,
P.S.DINESH KUMAR, DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.768/2020 is filed by the claimant and
MFA No.4033/2018 is filed by the insurer challenging the
judgment and award dated January 22, 2018, passed by
the Additional Court of Small Causes and MACT, Mysuru.
2. For the sake of convenience, parties shall be referred
as per their status before the Tribunal.
3. Heard Shri D.L.Murthy, learned Advocate for
claimant and Shri Lakshminarasappa, learned advocate for
the insurer.
4. The brief facts of the case are, on December 16,
2013, claimant's husband Javaranaika was waiting in the
bus stop. The offending vehicle, a Bus owned by
one Smt.Kavitha, dashed against him and he sustained
injuries and died in the hospital on the same day. On
consideration of materials on record, the Tribunal has
awarded compensation of Rs.8,41,250/-.
5. Shri Lakshminarasappa for the insurer, adverting to
Exhibits R1 & R2, submitted that the offending bus had
permit to ply between 'Hemmige and Bengaluru', whereas
the accident has taken place in Danagere Village in
Kollegala Taluk in Chamarajanagar District.
His principal contention is, the offending bus did not have
permit to ply in Danagere village. He also contended that
the compensation has not been correctly computed.
6. We have perused Exhibits R1 & R2, issued by the
Secretary of Regional Transport Authority, Mandya, which
show that Bus had permit to ply between 'Hemmige and
Bengaluru' and back; and 'Hemmige and T.N.Pura' and
back. The said permit has been issued on 18.12.2013.
7. None appears for owner of the vehicle.
8. Shri Murthy for the claimant submitted that the
Tribunal has considered notional earning capacity of the
deceased as Rs.7,500/-, whereas this Court has been
consistently considering the notional earning capacity of an
able bodied person in the year 2013 as Rs.8,000/-.
Shri Lakshminarasappa, in his usual fairness, does not
dispute the said submission.
9. We have carefully considered submissions of learned
advocates on both sides and perused the records.
10. Undisputed facts are claimant's husband succumbed
to the injuries caused by the offending vehicle. He was
aged about 50 years as on the date of accident.
Therefore, the applicable multiplier is 13 and 10% will
have to be added towards 'Future prospects'. The claimant
is the wife of the deceased and she is the sole claimant.
Therefore, 50% of the earning of the deceased will have to
be deducted towards personal expenses. Claimant is
entitled for Rs.40,000/- towards 'loss of consortium' and
Rs.30,000/- towards conventional heads.
11. So far as liability to satisfy the award is concerned,
Shri Lakshminarasappa is right in his submission that as
per Exhibits R1 and R2, the offending bus did not have
permit to ply in Danagere Village. In Pappu & Others Vs.
Vinod Kumar Lamba and Another,1 it is settled that insurer
is liable to satisfy the award with liberty to recover the
compensation amount from the owner of the offending
vehicle in the same proceedings.
12. The, compensation towards loss of dependency is
worked out as follows;
The monthly notional income works out
to Rs.8,800/- (Rs.8,000+800) [by adding 10%
towards future prospects (Rs.8,000*10%=Rs.800)].
After deducting 50%, it works out to Rs.4,400/- per
month (Rs.8,800*50%). The Annual notional income
works out to Rs.52,800/- (Rs.4,400*12). By applying
AIR 2018 SC 592 (Para 19)
13 as multiplier, the loss of dependency works out to
Rs.6,86,400/- (Rs.52,800*13).
13. The total compensation is re-computed as follows;
Sl.No Description Amount
a. Loss of dependency Rs.6,86,400
b. ADD:Consortium Rs.40,000
c. ADD: Conventional heads;
funeral expenses, etc., Rs.30,000
d. Total (a+b+c) Rs.7,56,400
e. LESS: Compensation Rs.8,41,250
awarded by the Tribunal
Reduced Compensation(d-e) (Rs.84,850)
14. Hence, the following;
ORDER
(i) MFA No.4033/2018 filed by the insurer is
allowed in part by holding that claimants
are entitled for a total compensation of
Rs.7,56,400/-, as against Rs.8,41,250/- awarded
by the Tribunal, payable with interest at 6% p.a.,
from the date of filing claim petition till
the date of deposit. The compensation is reduced
by Rs.84,850 /-;
(ii) MFA No.768/2020 filed by the claimant is
dismissed;
(iii) Insurer shall pay the entire
compensation amount of Rs.7,56,400/- with
interest at 6% p.a., excluding the amount
paid/deposited, if any, within eight weeks from
the date of receipt of a copy of this order, with
liberty to recover the same from the owner of
the vehicle by executing the decree in MFA
No.4033/2018. Claimant shall not be entitled for
interest for 261 days as per order of this Court
dated 02.03.2022. Disbursement shall be made
as directed by the Tribunal; and
(iv) The statutory and other deposits, if any,
made before this Court shall be transferred to the
Tribunal forthwith.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
NMS/AV
