Karnataka High Court
Nagappa S/O Balappa Karoshi vs Rajesh S/O Tukaram Kshirsagar on 25 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 25TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
M.F.A.No.102354 OF 2019 (MV-D)
BETWEEN:
1. NAGAPPA S/O BALAPPA KAROSHI
AGE:45 YEARS, OCC:AGRICULTURE
2. SMT. PREMA W/O NAGAPPA KAROSHI
AGE:40 YEARS, OCC:HOUSE WIFE
3. KUMAR PRAVEEN S/O NAGAPPA KAROSHI
AGE:17 YEARS, OCC:STUDENT
(APPELLANT NO.3 IS MINOR,
REPRESENTED BY HIS
MOTHER/NATURAL GUARDIAN APPELLANT NO.2)
ALL ARE R/O KESARGOPPA, TQ:MUDHOL,
DIST:BAGALKOT
...APPELLANTS
(BY SRI. N L BATAKURKI, ADVOCATE)
Digitally signed
J
by J MAMATHA
Location:
AND:
MAMATHA Dharwad
Date: 2022.03.31
10:47:10 +0530
1. RAJESH S/O TUKARAM KSHIRSAGAR
AGE:26 YEARS, OCC:BUSINESS,
R/O KANNAL, TQ and DIST:VIJAYAPUR
PIN 586 203.
2. THE MANAGER LEGAL
IFCO TOKIO GENERAL INSURANCE CO LTD,
# CUSTOMER SERVICE CENTER,
SHRI SHANTI TOWERS 5TH FLOOR,
3RD MAIN, 141 EAST OF
NGEF LAYOUT,
KASTURI NAGAR,
BENGALURU 560043.
...RESPONDENTS
(BY SRI.R.R.RAME, ADV. FOR R2,
R1-NOTICE DISPENSED WITH)
MFA No. 102354 of 2019
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 18.02.2019
PASSED IN MVC NO.471/2007 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AND
MOTOR ACCIDENT CLAIMS TRIBUNAL-IX, MUDHOL, 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:
JU D G M EN T
This appeal is filed by the claimants seeking for
enhancement of compensation for the death of Balappa
Nagappa Karoshi.
2. The fact that an accident occurred on 23.06.2017
between a motorcycle and a truck resulting in the death of the
pillion rider Balappa Nagappa Karoshi is not in dispute.
3. It is also not in dispute that the offending truck was
insured.
4. In respect of the pillion rider, the Tribunal has held
that the pillion rider was having an income of Rs.8,000/- p.m.
As regards the monthly income, as per the income determined
by the Karnataka State Legal Services Authority, in respect of
the accident of the year 2017, the monthly income of the victim
MFA No. 102354 of 2019
is to be considered as Rs.10,250/- in the absence of any
documentary evidence.
5. To the said sum, future prospects at the rate of
40% will have to be added resulting in the income being
Rs.14,350/- p.m. As the deceased was aged 19 years and was
a bachelor, 50% of the income would have to be deducted
towards his personal income and the multiplier of 18 will have
to be applied. Consequently, towards loss of dependency, the
claimants will be entitled to a sum of Rs.15,49,800/-
6. The claimants being the parents and younger
brother of the deceased would be entitled to loss of consortium
for Rs.1,32,000/- (Rs.44,000/- x 3). Further, the claimants
would also be entitled to a sum of Rs.33,000/- under
conventional heads.
7. Thus, the claimants would be entitled to the
following compensation:
Sl.
No. Heads Amount
1 Loss of dependency Rs.15,49,800/-
2 Loss of consortium Rs.1,32,000/-
3 Conventional heads Rs.33,000/-
Total Rs.17,14,800/-
MFA No. 102354 of 2019
8. Accordingly, the appeal filed by the claimants is
allowed in part and the Judgment and award passed by the
Tribunal is modified. The claimants are entitled to the total
compensation of Rs.17,14,800/- as against 13,09,600/- along
with interest at the rate of 6% p.a. instead of 9% p.a. awarded
by the Tribunal, from the date of the petition till the date of
deposit.
9. The respondent Insurance Company is directed to
deposit the entire compensation amount along with interest
before the Tribunal within a period of six weeks from the date
of receipt of a certified copy of this judgment for disbursement
to the claimants.
(Sd/-)
JUDGE
JM-paragraphs 1 to 4
Vnp*-from para 4 till end
