Karnataka High Court
Smt.Channawwa W/O Yallappa ... vs Shri.Vithal S/O Fakirappa ... on 16 March, 2022
Bench: S.Sunil Dutt Yadav, K.S.Hemalekha
-1-
MFA No. 100080 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 16TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO. 100080/2019 (MV-D)
BETWEEN:
1. SMT.CHANNAWWA W/O YALLAPPA NANDIWALE
AGE:54 YEARS, OCC:HOUSEHOLD WORK,
R/O SANKONATTI,
TAL:ATHANI,
DIST:BELAGAVI - 591304
2. SHRI CHANDU S/O YALLAPPA NANDIWALE
AGE:28 YEARS, OCC:NIL,
R/O SANKONATTI, TAL:ATHANI,
DIST:BELAGAVI - 591304
3. SHRI SURESH S/O YALLAPPA NANDIWALE
AGE:28 YEARS, OCC:NIL,
R/O SANKONATTI, TAL:ATHANI,
DIST:BELAGAVI - 591304
...APPELLANTS
Digitally
signed by
JAGADISH
TR
JAGADISH Location:
(BY SRI. SANJAY S KATAGERI, ADVOCATE)
TR DHARWAD
Date:
2022.03.23
10:43:34
+0530
AND:
1. SHRI.VITHAL S/O FAKIRAPPA KANABARGI
AGE:MAJOR, OCC:BUSINESS,
R/O KAKATI, TQ AND DIST BELAGAVI
PIN CODE 591113
-2-
MFA No. 100080 of 2019
(OWNER OF PIAGGIO APE PICK UP VEHICLE
NO.KA-22/B-8004)
2. THE MANAGER
SHRIRAM GENERAL INSURANCE COMPANY LTD.,
S-5, 2ND FLOOR, MONARCH CHAMBERS,
INFANTRY ROAD,
BENGALURU - 560001.
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND
AWARD DATED 14.01.2016 PASSED IN M.V.C.NO.986/2014 ON
THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, ATHANI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
K.S. HEMALEKHA J., DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is preferred by the claimants
assailing the judgment and award dated 14.01.2016
passed in M.V.C.No.986/2014 on the file of the Additional
Senior Civil Judge and Additional MACT, Athani, (for short,
'Tribunal') seeking enhancement of compensation.
MFA No. 100080 of 2019
2. The claimants are the wife and children of
Yallappa Nandiwale, who succumbed to the injuries in a
road traffic accident that occurred on 01.04.2014, when
the deceased was proceeding by the side of the road near
Basaveshwar Circle, the driver of the Piaggio Ape Pick up
Vehicle No. KA-22/B-8004 came from the back side in a
rash and negligent manner and dashed against the
deceased due to which the deceased succumbed to the
injuries.
3. It is averred by the claimants that the deceased
was hale and healthy aged about 54 years and was doing
agricultural coolie work earning around Rs.9,000/- per
month from the said work. It is further averred that the
claimants were solely dependent on the income of the
deceased.
4. In pursuance of the notice issued by the
Tribunal, the respondents did not appear and hence, they
were placed ex-parte.
MFA No. 100080 of 2019
5. The Tribunal on the basis of the pleadings and
evidence framed the following points for consideration.
"1. Whether the petitioners prove that Yallappa
Dadu Nandiwale died due to the injuries
sustained in the Motor-vehicle accident, which
took place on 01.04.2014 at about 3.00 p.m.
near Basaveshwar circle of Athani Town, due to
the rash and negligent driving of Piaggio Ape
Pick up vehicle No.KA-22/B-8004 by its driver?
2. Whether the petitioners prove that the
deceased was having an age of 54 years and by
doing agricultural coolie work he was earning
Rs.9000/- p.m.?
3. Whether the petitioners are entitled for
compensation? If so, for how much amount and
from whom?
4. What order or award?"
6. In order to substantiate the claim of petitioners,
petitioner No.2, the son of the deceased examined himself
as P.W.1 and got marked documents at Exs.P.1 to P.39.
MFA No. 100080 of 2019
7. The Tribunal by its judgment and award held
that the accident occurred due to the rash and negligent
driving of the Piaggio Ape Pick up Vehicle No. KA-22/B-
8004, due to which the deceased Yallappa Nandiwale
succumbed to the injuries and fastened the liability on the
insurance Company and awarded compensation of
Rs.3,99,515/- with interest at 6% per annum from the
date of petition till the date of realization.
8. Being unsatisfied with the award of the
Tribunal, the claimants preferred this appeal.
9. Heard the learned counsel for the appellants -
Claimants and the learned counsel for the respondent -
Insurance Company.
10. Learned counsel for the appellants - Sri. Sanjay
S. Katageri, would contend that the Tribunal has failed to
award future prospects and also the income assessed by
the Tribunal is on the lower side without considering the
notional income to be awarded as per the Karnataka State
MFA No. 100080 of 2019
Legal Services Authority (for short, 'KSLSA'). It is further
contended that the award of compensation under the
conventional head, "loss of consortium" is not as per the
dictum of the Apex Court.
11. Per contra, learned counsel for the respondent
- insurance Company, Sri. Suresh S. Gundi would contend
that the Tribunal considering the pleadings and materials
on record has rightly awarded the compensation and the
same does not call for any interference in the hands of this
Court.
12. Having heard the learned counsel for the
parties, the only point that arises for consideration is,
Whether the judgment and award of the Tribunal
warrants interference insofar as quantum of
compensation is concerned?
13. The date, time and occurrence of accident and
the death of Yallappa Nandiwale due to the accident is not
MFA No. 100080 of 2019
disputed. The only dispute is insofar as the quantum of
compensation awarded by the Tribunal. The Tribunal has
assessed the income of the deceased at Rs.6,000/- per
month. Even assuming that the claimants have failed to
produce any document to show the actual income of the
deceased, taking into consideration the year of accident
i.e., 2014, the notional income of the deceased to be
taken is Rs.7,500/- per month as per the chart prepared
by the Karnataka State Legal Services Authority.
14. In view of the dictum of the Apex Court in the
case of National Insurance Company Limited Vs.
Pranay Sethi and Others, (2017) 16 SCC 680,
considering the age of the deceased which is more than 60
years, future prospects cannot be awarded to the
deceased. As such, future prospects as contended by the
learned counsel for the appellants cannot be awarded.
Taking the notional income of deceased as per guidelines
at Rs.7,500/-, deducting 1/3rd towards personal expenses,
applying the multiplier 7 considering the age of the
MFA No. 100080 of 2019
deceased, the claimants are entitled under the head "loss
of dependency" as follows:
Income = Rs. 6,500/-
Less: Personal Expenses (1/3) = Rs. 2,500/-
= Rs. 5,000/-
Loss of Dependency = Actual Income x 12 x multiplier
Rs.5,000/- x 12 x 7
= 4,20,000
15. In view of the dictum of the Apex Court in the
cases of United India Insurance Company Limited
V/s Satinder Kaur and others reported in AIR 2020 SC
3076 and Magma General Insurance Company Ltd.
Vs. Nanu Ram & Others reported in 2018 ACJ 2782,
the claimants are entitled for "loss of consortium" and
since the dependants are 3 in nos., "loss of spousal and
parental consortium" would be Rs.40,000/- to each of the
claimants, which comes to Rs.1,20,000/-.
16. The claimants are entitled for Rs.15,000/-
under the head "funeral expenses" and Rs.15,000/- under
MFA No. 100080 of 2019
the head "loss of estate". The medical expenses awarded
by the Tribunal stands undisturbed.
17. Thus, the award of the Tribunal is modified as
hereunder:
As awarded As
Compensation under by the awarded
different Heads Tribunal by this
(Rs.) Court
(Rs.)
Loss of dependency 3,36,000 4,20,000
Medical expenses 23,515 23,515
Loss of Spousal and 20,000 1,20,000
Filial consortium
Funeral Expenses 20,000 15,000
Loss of Estate - 15,000
Total 3,99,515 5,93,515
Enhanced 1,94,000
Compensation
18. The claimants would be entitled for total
compensation of Rs.5,93,515/- as against Rs.3,99,515/-
awarded by the Tribunal. Accordingly, we answer point
No.1 in the affirmative holding that the claimants would be
entitled to enhanced compensation of Rs.1,94,000/-
(Rs.5,93,515 - Rs.3,99,515/-) with interest at the rate of
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MFA No. 100080 of 2019
6% per annum from the date of petition till date of
realization.
19. In the result, we pass the following:
ORDER
a) The appeal filed by the claimants is
allowed in part.
b) The impugned judgment and award
passed by the Tribunal is modified to the
extent that the claimants would be
entitled to enhanced compensation of
Rs.1,94,000/- with interest at the rate of
6% per annum from the date of petition
till date of realization.
c) The respondent/insurance company is
directed to deposit the enhanced
compensation of Rs.1,94,000/- with
interest at 6% per annum within a period
of eight weeks from the date of release of
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MFA No. 100080 of 2019
this judgment excluding the interest for
the delayed period of 938 days.
d) Apportionment, disbursement and deposit
shall be made as per the order of the
Tribunal.
e) Draw modified award accordingly.
f) TCR to be transmitted to the Tribunal
forthwith.
g) No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
VP
