Karnataka High Court
Thurpinti Lingamma Boya Lingamma vs Shiva Kumar M. S/O Madeshan K on 7 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7 T H DAY OF MARCH, 2022
BEFORE
THE HON 'BLE MR.JUSTICE N .S.SANJAY GOWDA
M.F.A.No.101560/2021
C/W
M.F.A.No.101636/2021 (MV)
IN M.F.A.No.101560/2021
BETWEEN:
1. THURPINTI LINGAMMA @ BOYA LINGAMMA,
W/O LATE THURPINTI GANGADHAR
@ BOYA GANGADHAR,
AGE ABOUT 36 YEARS,
OCC. HOUSE WIFE CUM AGRICULTURIST COOLIE,
2. THURPINTI JAGADEESH
@ BOYA JAGADEESH,
S/O LATE THURPINTI GANGADHAR
@ BOYA GANGADHAR,
AGE ABOUT 14 YEARS,
OCC. STUDENT.
3. THURPINTI MARESH
@ BOYA MARSH,
S/O LATE THURPINTI GANGADHAR
@ BOYA GANGADHAR,
AGE ABOUT 13 YEARS,
OCC. STUDENT,
4. THURPINTI GOWRAMMA
@ BOYA GOWRAMMA,
D/O LATE THURPINTI GANGADHARA
@ GANGADHARA,
AGED ABOUT 11 YEARS,
OCC. STUDENT.
:2:
SINCE APPELLANTS 2 TO 4 ARE MINORS
REPRESENTED BY THEIR NATURAL GUARDIAN
APPELLANT No.1
5. THURPINTI BOMMAKKA @ BOYA BOMMAKKA,
W/O LATE THURPINTI GANGANNA
@ BOYA GANGADHARA,
AGED ABOUT 65 YEARS.
ALL ARE R/O MADENAHALLI VILLAGE,
D HIREHAL MANDAL, RAYADURGA TALUK,
NOW PRESENTLY
R/O GUGGARAHATTI VILLAGE,
BALLARI TALUK AND DISTRICT-583101. ... APPELLANTS
(BY SHRI Y.LAKSHMIKANT REDDY, ADV.)
AND:
1. SHIVA KUMAR M. S/O MADESHAN K
AGE. 27 YEARS,
OCC. DRIVER CUM OWNER OF THE LORRY
BEARING NO.TN-29/BR-1541
R/O.2/97, PONNERI VILLAGE,
A SAPPANIPPATTI POST
KARIMANAGALAM TALUK
DHARMAPURI DISTRICT-635111
TAMIL NADU.
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO.LTD.,
EDIGA COMPLEX, FIRST FLOOR,
DOUBLE ROAD, BALLARI. ... RESPONDENTS
(BY SHRI M.Y.KATAGI, ADV. FOR R2,
NOTICE TO R1 DISPENSED WITH)
THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 03.08.2021
PASSED IN MVC NO.505/2020 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, AND MEMBER,
MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
:3:
IN M.F.A.No.101636 OF 2021
BETWEEN
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO LTD.,
EDIGA COMPLEX, FIRST FLOOR,
DOUBLE ROAD, BALLARI
NOW REPRESENTED BY
DULY CONSTITUTED ATTORNEY (S)
NEW INDIA ASSURANCE CO LTD.,
HUBLI. ... APPELLANT
(BY SHRI M Y KATAGI, ADV.)
AND
1. THURPINTI LINGAMMA @
BOYA LINGAMMA,
W/O. LATE THURPINTI GANGADHARA
@ BOYA GANGADHAR,
AGE 36 YEARS, OCC HOUSEWIFE CUM
AGRICULTURAL COOLIE,
2. THURPINTI JAGADEESH
@ BOYA JAGADEESH,
S/O.LATE THURPINTI GANGADHARA
@ BOYA GANGADHAR,
AGE:14 YEARS, OCC:STUDENT,
3. THURPINTI MARESH
@ BOYA MARESH,
S/O.LATE THURPINTI GANGADHARA,
@ BOYA GANGADHAR,
AGE:13 YEARS, OCC STUDENT,
4. THURPINTI GOWRAMMA
@ BOYA GOWRAMMA,
S/O.LATE THURPINTI GAGADHARA
@ BOYA GANGADHAR,
AGE: 11 YEARS, OCC:STUDENT
5. THURPINTI BOMMAKKA
@ BOYA BOMMAKKA
W/O. LATE THURPINTI GANGANNA
@ BOYA GANGADHAR,
:4:
AGE: 65 YEARS,
ALL ARE R/O. MADENAHALLI VILLAGE,
D HIREHAL MANDAL, RAYADURGA TALUK,
NOW PRESENTLY RESIDING
AT GUGGARAHATTI VILLAGE,
BALLARI TALUK AND DISTRICT.
6. SHIVAKUMAR M S/O MADESHAN K,
AGE 27 YERAS, OCC DRIVER CUM OWNER
OF THE LORRY BEARING
REG. NO. TN-29/BR-1541
R/O. 2/97 PONNERI VILLAGE,
A SAPPANPPATTI POST,
KARIMANGALAM TALUKA,
DHARAMAPURI DISTRICT-635111,
TAMIL NADU. ... RESPONDENTS
(BY SHRI Y.LAKSHMIKANT REDDY, ADV. FOR C/R1 TO R5)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
03.08.2021 PASSED IN MVC NO.505/2020 ON THE FILE OF THE
II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER,
MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI,
AWARDING COMPENSATION OF Rs.23,93,062/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL ITS REALIZATION AND ETC.,
THESE APPEALS COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
For the death of Gangadhara in a motor vehicle
accident, his wife, three minor children and his mother
preferred claim petitions.
2. The fact that the accident occurred and the
offending vehicle was insured, is not in dispute. The
Tribunal has determined the notional monthly income of
the deceased at Rs.14,750/- and has proceeded to award
the following sums as compensation.
Sl.
N o. H ea ds Am o unt
1 L os s of d ep en d e nc y Rs . 23 ,2 3 ,0 6 2 /-
2 L os s of es ta t e Rs . 15 ,0 00 /-
3 L os s of c o ns o rt ium t o s po us e Rs . 40 ,0 00 /-
4 F un er a l e xp e ns es Rs . 15 ,0 00 /-
T o t al R s. 23, 9 3, 06 2/ -
3. Challenging the said award, the claimants
have preferred M.F.A.No.101560/2021 seeking for
enhancement of the compensation and the Insurance
Company also is in appeal in M.F.A.No.101636/2021 for
reduction of the compensation awarded.
4. The Insurance Company is in appeal
contending that the amount awarded is excessive while
the claimants have filed the appeal contending that the
deceased was the rider of the motorcycle and that the
compensation awarded is inadequate.
5. The Tribunal has taken the monthly income of
the deceased as Rs.14,750/- since there was no
documentary evidence available to prove the income of
the deceased. In view of the fact that there was no
documentary evidence available, it would be appropriate
to adopt the monthly income determined by the Karnataka
State Legal Services Authority, for the accidents of the
year 2020, which is Rs.13,750/-.
6. Since the deceased was aged 41 years, 25%
future prospects would have to be added to the said
income. Thus, the monthly income of the deceased should
be taken as Rs.17,187/- for the purposes of computing
compensation.
7. Out of the said sum, if 1/4th is deducted
towards the personal expenses of the deceased, a sum of
Rs.12,890/- would have to be taken as the monthly
income for the purpose of determining the loss of
dependency. Since the deceased was aged 41 years, the
multiplier of 14 would have to be applied. Consequently,
the claimant would be entitled to a sum of
Rs.12890X12X14=Rs.21,65,520/-.
8. In addition, the claimants being the wife,
children and mother, each of them would be entitled to a
sum of Rs.44,000/- towards loss of consortium. The
claimants would also be entitled to a sum of Rs.16,500/-
towards loss of estate and Rs.15,000/- towards funeral
expenses.
9. Hence, the claimants are entitled to the
modified award which reads as under:
Sl. Heads Modified Award
No.
1 Towards loss of income
(Rs.13,750+25%=Rs.17,187/- Rs. 21,65,520/-
less 1/4th i.e.,
Rs.4297=Rs.12,890)
(12890X14X12)
2 Towards loss of consortium
(Rs.44,000X5) Rs. 2,20,000/-
3 Towards loss of estate Rs. 16,500/-
4 Towards funeral expenses Rs. 15,000/-
Total Rs. 24,17,020/-
10. Thus, the claimants are entitled for total
compensation of Rs.24,17,020/- as against the sum of
Rs.23,93,062/- awarded by the Tribunal.
11. In view of the above, I pass the following:
ORDER
(i) Both the appeals are disposed off,
(ii) The Judgment and Award dated
03.08.2021 passed in MVC
No.505/2020, on the file of the II
Addl. District and Sessions Judge,
Ballari and Member, MACT, is
hereby modified. The claimants are
entitled to a total compensation of
Rs.24,17,020/- instead of
Rs.23,93,062/- awarded by the
Tribunal. The enhanced
compensation of Rs.23,958/- shall
carry interest @ 6% p.a. from the
date of claim petition till the date of
deposit,
(iii) The Insurance Company is directed
to deposit the enhanced
compensation after deducting the
compensation already paid along
with interest before the Tribunal
within a period of 90 days from the
date of receipt of certified copy of
this judgment,
(iv) The amount awarded shall be
disbursed in the same terms as
that imposed by the Tribunal.
(Sd/-)
JUDGE
Jm/-
