Bharamappa vs Shankar
2022 Latest Caselaw 5567 Kant

     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 28TH DAY OF MARCH, 2022

                           BEFORE
        THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

MISCELLANEOUS FIRST APPEAL NO. 102664 OF 2015 (MV-D)

BETWEEN:

1.    BHARAMAPPA S/O SANGAPPA MALLAPUR,
      AGE: 58 YEARS,OCC: NIL,

2.    MALLAWWA W/O BHARAMAPPA MALLPUR
      AGE: 51 YEARS, OCC: HOUSEWIFE,

3.    RUKMINI W/O HANAMANT MALLPUR
      AGE: 20 YEARS, OCC: HOUSEWIFE,

      ALL ARE R/O: CHINCHAKHANDI VILLAGE,
      NEW PLOT TQ: MUDHOL, DIST: BAGALKOT.
                                                ...PETITIONERS
(BY SRI. PRASHANT S KADADEVAR, ADVOCATE)

AND:

1.    SHANKAR S/O. GANAPATI PAWAR,
      AGE: MAJOR, OCC: BUSINESS,
      R/O: DESHING VILLAGE,
      TQ: KAVATEMAHANKAL,
      DIST: SANGLI, STATE: MAHARASTRA.

2.    DIVISIONAL MANAGER
      THE ORIENTAL INSURANCE COMPANY LTD,
      MADEWALI ORCHEDE, IIND FLOOR,
      NEAR MILAN HOTEL,
      CLUB ROAD, BELAGAVI,
      POLICY NO.162600/31/2011/2124
      VALIDITY FORM 04/08/2010 TO 03/08/2011
      (ISSUED BY SANGLI BRANCH)
                                               ...RESPONDENTS
(BY SRI. G. N. RAICHUR, ADV. FOR R2;
R1- SERVED)
                                  -2-




                                          MFA No. 102664 of 2015




      THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT
1988, AGAINST THE JUDGMENT AND AWARD DATED:13.04.2012,
PASSED IN MVC.NO.249/2011 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL IX, MUDHOL, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

      THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE FOLLOWING;

                             JUDGMENT

The claimants being dissatisfied with the award, preferred

this appeal.

2. The occurrence of the accident is not in dispute and

so also the fact that the offending vehicle has been insured.

3. The Tribunal has awarded the following sums for

the death of Hanamant S/o. Bharamappa Mallapur, who was

aged 23 years :

The details of compensation amount is as under;

01. Towards loss of Dependency - 5,40,000-00

02. Towards loss of Consortium - 30,000-00

03. Towards loss of Love & Affection - 15,000-00

04. Towards loss of Estate - 5,000-00

05. Towards Funeral and body Shifting expenses - 10,000-00 Total 6,00,000-00

MFA No. 102664 of 2015

4. The Tribunal has assessed the monthly income of

the deceased at Rs.3,750/- since there was no documentary

evidence. In such case it would be appropriate to adopt the

monthly income determined by the Karnataka State Legal

Services Authority, which for the year 2011 was Rs.6,000/-. To

the said sum of Rs.6,000/-, 40% would be added as future

prospectus, the monthly income of Rs.8,400/-. Out of the said

sum 1/3rd would be deducted to personal expenses of the

deceased and thereby monthly income would be Rs.5,600/-.

5. The deceased being 23 years a multiplier of 18

would be appropriate. Consequently, the claimants would be

entitled to following sum:

1 Towards loss of dependency Rs.12,09,600/-

(5600X12X18) 2 Towards loss of consortium Rs.1,32,000/-

(44,000X3) 3 Conventional heads Rs.33,000/-

                    Total                Rs.13,74,600/-



      6.    Thus,     the    claimants   are      entitled     for   total

compensation    of    Rs.13,74,600/-     as    against   the    sum    of





                                             MFA No. 102664 of 2015


Rs.6,00,000/- awarded by the Tribunal.          The claimants would

be entitled to the interest thereon at the rate of 6% per annum

from the date of petition till the date of payment.

7. In view of the above, I pass the following:

ORDER

(i) The appeal is allowed,

(ii) The Judgment and Award dated

13.04.2012 passed in MVC No.249/2011

on the file of the Motor Vehicle Accident

Claims Tribunal IX, Mudhol, is hereby

modified. The claimant is entitled to a

total compensation of Rs.3,74,600/- as

against the sum of Rs.6,00,000/-

awarded by the Tribunal. The enhanced

compensation of Rs.7,74,600/- shall

carry interest @ 6% p.a. from the date

of claim petition till the date of deposit.

However, the claimant shall not entitle

interest for the delayed period of 1147

days in filing the appeal.

MFA No. 102664 of 2015

(iii) The Insurance Company/respondent

No.2 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

SMM