Karnataka High Court
Smt. Kripa W/O. Vittal Baddi vs Mr. Vilas S/O Nivrutti Patil on 11 October, 2022
Bench: R Natarajpresided Byrnj
-1-
MFA No. 100085 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
MISCELLANEOUS FIRST APPEAL NO. 100085 OF 2022 (MV)
BETWEEN:
SMT. KRIPA W/O. VITTAL BADDI
AGE. 33 YEARS, OCC. HOUSEHOLD,
R/O. AZAD COLONY, KESHWAPUR,
H.NO.1, MANJUNATH NIVAS,
HUBBALLI, PIN CODE. 580021.
...APPELLANT
(BY SRI. RAJASHEKHAR. B. HALLI, ADVOCATE)
AND:
1. MR. VILAS S/O NIVRUTTI PATIL
AGE. MAJOR, OCC. OWNER OF TRACTOR NO.
MH.09/BP3507,
R/O A/P 968/1, BALIKRE,
TALUKA. KAGAL, DIST. KOLHAPUR,
MAHARASTRA STATE,
MOBILE 9886855196, PIN 415 001
2. SHRIRAM GENERAL INSURANCE COMPANY LIMITED
E-8 EPIC RIICO INDUSTRIAL AREA,
SITAPURAM JAIPUR,
RAJASTHAN, 302022,
PLOT NO.JPR 3875446, PIN.302 001.
3. GURUNATHASA MANOHARASA BADDI
AGE. 59 YEARS, OCC. BUSINESS,
H.NO.11, R/O. PRABHAT COLONY,
VIDYANAGAR, HUBBALLI,
-2-
MFA No. 100085 of 2022
PIN CODE. 580021.
4. SMT. AMBIKA W/O GURUNATHASA BADDI
AGE. 53 YEARS, OCC. HOUSEHOLD,
H.NO.11, R/O. PRABHAT COLONY,
VIDYANAGAR, HUBBALLI,
PIN CODE. 580021.
...RESPONDENTS
(BY SRI. SHIVARAJ S BALLOLI, ADV., FOR R1;
SRI. SURESH S GUNDI, ADV., FOR R2;
SRI. RAGHAVENDRA A PUROHIT, ADV., FOR R3 & R4)
THIS MFA IS FILED U/S.173 (1) (a) OF MOTOR VEHICLES
ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.02.2017
PASSED IN MVC NO.887/2013 ON THE FILE OF THE I-
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, COURT
DELIVERED THE FOLLOWING:
JUDGMENT
The claimant in MVC No.887/2013 before the I-
Additional Senior Civil Judge and Additional Motor Accident
Claims Tribunal, Hubballi (for short "the Tribunal") has filed
this appeal challenging the quantum of compensation
awarded by the Tribunal.
MFA No. 100085 of 2022
2. The claimant claimed that the Tribunal has
considered the notional income of the deceased at a sum of
Rs.6,000/- per month while as per the chart prescribed for
settlement of accidental claims at Lok-Adalath, the notional
income is fixed at a sum of Rs.7,000/- per month. He
therefore prays that the compensation awarded by the
Tribunal has to be re-determined.
3. Learned counsel for the insurer does not dispute
the fact that the notional income in similar cases is treated at
a sum of Rs.7,000/- per month. In that view of the matter,
the compensation determined by the Tribunal deserves to be
reconsidered as follows:
Sl. HEAD Amount
No. (in Rs.)
1. Loss of dependency 14,11,344/-
Rs.7000 + 40% towards future prospects =
Rs.9,800/-
Rs.9,800 - Rs.3266 (1/3rd deductions towards
personal expenses = Rs.6,534/-
Rs.6,534 X 18 (multiplier) X 12 (months) =
Rs.14,11,344/-.
2. Loss of love and affection 1,20,000/-
3. Loss of estate 15,000/-
4. Funeral Expenses 15,000/-
Total 15,61,344/-
MFA No. 100085 of 2022
4. In view of the same, the appeal is allowed in
part and the compensation is re-determined at a sum of
Rs.15,61,344/- as against Rs.12,50,000/- awarded by the
Tribunal and the enhanced compensation is payable with
interest at the rate of 6% per annum on the enhanced
compensation excluding the delayed period of 1096 days in
filing the appeal.
5. In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and are disposed of accordingly.
6. The enhanced compensation shall be deposited
within 30 days from the date of receipt of a certified copy of
this order.
Sd/-
JUDGE
YAN
