Karnataka High Court
Mallikarjun @ Malleshappa And Ors vs Ashok And Anr on 26 May, 2022
Bench: Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF MAY 2022
BEFORE
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
MFA No.200690/2018 (MV)
BETWEEN:
1. Mallikarjun @ Malleshappa
S/o Devappa Deenasi,
Age: 48 Years, Occ: Coolie,
2. Sridevi W/o Mallikarjun @
Malleshappa Deenasi,
Age: 38 Years, Occ: Household,
3. Jagannath S/o Mallikarjun @
Malleshappa Deenasi,
Age: 32 Years, Occ: ---
4. Renuka D/o Mallikarjun @
Malleshappa Deenasi,
Age: 22 Years, Occ: Student,
All R/o. Mahagaon, Tq: & Dist:
Kalaburagi-585 104.
..Appellants
(By Sri.Babu H.Metagudda, Advocate)
AND
1. Ashok S/o Bharmanna,
Age: Major, Occ: Owner of Vehicle
No. KA-32/C-1007, R/o Kerur Village,
Tq. & Dist: Kalaburagi-585 104.
2
2. The Branch Manager,
Royal Sundram Alliance Insurance Co. Ltd.,
Door No.3, Plot No.40 and 451,
Mahanth Arcade, Mahanth Nagar,
Kalaburagi-585 101.
.....Respondents
(V/o dated 14.11.2018 Notice to R1 is dispensed with;
By Sri. Sudarshan M., Advocate for R2)
This MFA is filed under section 173(1) of the Motor
Vehicles Act, praying to call for the records in MVC No.489/15
on the file of the II Additional Senior Civil Judge & MACT at
Kalaburagi. Allow this appeal and modify the judgment and
award dated 06.01.2018 passed in MVC No.489/2015 by the II
Additional Senior Civil Judge & MACT at Kalaburagi. And
enhancing the compensation from Rs.7,78,000/- with 6%
interest to Rs.14,99,000/- with 12% interest and etc.
This appeal coming on for Admission, this day, the court
delivered the following:
JUDGMENT
This appeal is filed by the petitioners under
Section 173(1) of M.V.Act, challenging the judgment
and award dated 06.01.2018 passed in MVC
No.489/2015 by the II Addl. Senior Civil Judge and
MACT, Kalaburagi, seeking enhancement of
compensation.
2. For the sake of convenience, parties are
referred with the ranks occupied by them before the
Tribunal.
3. The factual matrix leading to the case are
that on 15.04.2015 at about 12.40 p.m., the deceased
Manjunath and his friends Mayur and Sagar were
proceeding on motorcycle bearing registration No.KA-
34/L-7355 from their village to Kamalapur, and
deceased was riding the motorcycle. Near Dastapur
cross on NH-28, a Mahindra Pickup van bearing
registration No.KA-32/C-1007 was driven by its driver
in a rash and negligent manner dashed to the
motorcycle. As a result, the rider and pillion rider of
the motorcycle sustained grievous injuries. Manjunath
succumbed to the injuries at the spot. The crime was
registered in Mahagaon Police Station Cr.No.51/2015
against the driver of Mahindra pickup van. The
accident was solely because of the driver of offending
vehicle and deceased was aged about 22 years and
was earning Rs.12,000/- per month by conducting
private tuition classes. Due to untimely death of
deceased, the petitioners who are entirely depending
on the deceased have suffered untold hardship.
Hence, they filed claim petition seeking compensation
of Rs.32,70,000/- with interest.
4. The respondent No.1 has appeared and
filed objections denying the allegations made
thereunder and further contended that his vehicle was
insured with respondent No.2 and disputed liability.
The respondent No.2 filed objection statement
denying the averments and contended that there were
three persons traveling on the motorcycle and driver
of the offending vehicle was not possessing valid and
effective driving license and policy conditions were
violated. As such the Insurance Company has disputed
its liability.
5. The petitioner No.1 was examined as
PW.1 and placed reliance on documents marked as
Exs.P1 to P12. Two witnesses were examined on
behalf of respondent as RW.1 and RW.2 and marked
two documents as Exs.R1 and R4.
6. After appreciating the oral and
documentary evidence, the tribunal has awarded the
total compensation of Rs.7,78,000/- under the various
heads as under;
Sl.No. Heads Amount
1. Love and affection Rs.1,00,000/-
2. Loss of dependancy Rs.6,48,000/-
3. Towards funeral expenses Rs.15,000/-
and transportation charges
4. Towards loss of estate Rs.15,000/-
Total Rs.7,78,000/-
7. Being dissatisfied with the quantum of
compensation awarded by the tribunal, the petitioners
have filed this appeal seeking enhancement of
compensation.
8. Learned counsel for the appellants would
contend that the accident has occurred in the year
2015 and deceased was aged about 22 years as on
the date of the accident. Though he was earning
Rs.12,000/- per month, the Tribunal has taken his
notional income @ Rs.6,000/- per month which is on
lower side. He would also contend that no
compensation was awarded under the head loss of
consortium. Hence, he would seek for enhancement of
compensation.
9. Per contra, learned counsel appearing for
respondent No.2-Insurance Company would support
the judgment of the tribunal and contended that the
petitioners are not entitled for any compensation
under the head love and affection and the tribunal has
wrongly awarded a sum of Rs.1,00,000/- under the
said head, which is not permissible. As such
considering these aspects the lower income does not
have any much bearing on the final output and as
such he has sought for dismissal of the appeal.
10. Having heard the arguments and perusing
the records, it is evident that the accident has
occurred on 15.04.2015 at about 12.40 p.m. It is also
not under serious dispute that the rider of the
motorcycle Manjunath succumbed due the injuries
sustained in the accident. The tribunal has fastened
the liability on the Insurance Company and the same
is not challenged. Further the evidence also disclose
that the driver of the offending vehicle was possessing
valid and effective driving license. Under such
circumstances, now the only issue remains for
consideration is the quantum.
11. Admittedly, the accident has occurred in
the year 2015. The tribunal has taken the notional
income of the deceased @ Rs.6,000/- per month. As
per the Lok Adalath Chart, this Court is consistently
taking the notional income of Rs.8,000/- per month
for the accident occurred in the year 2015. The
tribunal has rightly deducted 50% income towards his
personal expenses as the deceased was bachelor.
12. The tribunal has awarded a sum of
Rs.1,00,000/- under the head loss of love and
affection, but the same is not permissible. The tribunal
has committed an error in not awarding compensation
under the head loss of consortium.
13. In view of the law laid down by the
Constitution Bench of the Supreme Court in National
Insurance Co., Ltd., vs. Pranay Sethi and others
reported in AIR 2017 SC 5157, to the aforesaid
amount, 40% has to be added on account of future
prospects since the deceased was not having
permanent avocation. Thus, the monthly income
comes to Rs.5,600/-. Thus, the total loss of
dependency works out to Rs.12,09,600/- (Rs.5,600 x
12 x 18 ).
14. As per the decision of the Hon'ble Supreme
Court in Magma General Insurance Company
Limited vs. Nanu Ram Alias Chuhru Ram &
Others reported in 2018 ACJ 2782, each of the
petitioners are entitled for compensation of
Rs.40,000/- under the head of 'loss of consortium',
which comes to Rs.80,000/-. The petitioner Nos.1 and
2 are only entitled for loss of consortium since
petitioner Nos.3 and 4 being the brother and sister of
the deceased does not fall under any of the category
of consortium.
15. In addition, the petitioners are entitled to
Rs.15,000/- on account of 'loss of estate' and
Rs.15,000/- on account of 'funeral expenses'.
16. Thus the petitioners are entitled to a total
compensation of Rs.13,19,600/- as against
Rs.7,78,000/- awarded by the tribunal under the
following heads;
Sl.No. Heads Amount
1. Loss of dependency Rs.12,09,600/-
2. Loss of consortium Rs.80,000/-
3. Funeral expenses Rs.15,000/-
4. Towards loss of estate Rs.15,000/-
Total Rs.13,19,600/-
17. Hence, the petitioners are entitled for
enhanced compensation of Rs.5,41,6000/-. Hence, the
appeal needs to be allowed in part.
18. Accordingly, I proceed to pass the
following;
ORDER
(a) The appeal is allowed in part.
(b) The petitioners are entitled to a total
compensation of Rs.13,19,600/- as
against Rs.7,78,000/- awarded by the
tribunal.
(c) The enhanced compensation shall
carry interest at the rate of 6% p.a.
from the date of claim petition till the
date of realization of amount.
(d) The respondent No.2 is directed to
deposit the enhanced compensation
amount with accrued interest thereon
within a period of four weeks from the
date of the award.
(e) The deposit and disbursement shall
be made as per the order of the
tribunal.
Sd/-
JUDGE
msr
