Karnataka High Court
Jayamma vs Devamma @ Mariyamma on 6 September, 2022
Bench: N S Gowda
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MFA No. 10491 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MFA. NO. 10491 OF 2012 (MV)
BETWEEN:
1. JAYAMMA
W/O HANUMEGOWDA,
AGED ABOUT 52 YEARS,
THOTADA MANE, SHRAVANERI VILLAGE,
KASABA HOBLI, CHANNARAYAPATNA TALUK,
HASSAN DISTRICT - 573 116.
2. SATHISH
S/O RAJEGOWDA
AGED ABOUT 27 YEARS,
3. SHOBHA
D/O RAJEGOWA
AGED ABOUT 25 YEARS,
BOTH ARE R/AT SHRAVANERI VILLAGE,
KASABA HOBLI,
CHANNARAYAPATNA TALUK,
Digitally HASSAN DISTRICT - 573 116.
signed by ...APPELLANTS
PANKAJA S
Location: (BY SRI. HALESHA R G .,ADVOCATE)
High Court
of Karnataka AND:
1. DEVAMMA @ MARIYAMMA
W/O NINGAPPA,
DOOR NO. 12, RACHENAHALLI VILLAGE,
SHRAVANABELAGOLA HOBLI,
CHANNARAYAPATNA TALUK - 573 116.
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MFA No. 10491 of 2012
2. THE MANAGER
NATIONAL INSURANCE CO., LTD
DIVISIONAL OFFICE, NO. 64
LALBAGH, MISSION ROAD,
1ST FLOOR, NEAR SUBBAIAH
CIRLCE FLY OVER,
BANGALORE-27.
...RESPONDENTS
(BY SRI. PRADEEP KUMAR K N, ADVOCATE FOR R1
SRI. K.M. SRINIVASA, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.08.2012 PASSED IN MVC
NO.103/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT, CHANNARAYAPATNA DISMISSING THE CLAIM
PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimants are in appeal challenging the dismissal
of the claim petition.
2. It is not in dispute that Javaramma, a 70 year
old, met with an accident on 10.05.2009. The medical
evidence on record does indicate that she suffered head
injury as well as chest injury.
MFA No. 10491 of 2012
3. The Tribunal has, however, dismissed the claim
petition on the ground that Javaramma died on
02.01.2010 i.e., nearly 7 months after the accident and
therefore the death was not relatable to the accident.
4. The body of Javaramma was subjected to
postmortem. Dr. Mahesh who conducted the postmortem
has not only stated the earlier injuries which were found
on Javaramma and which were admittedly as a result of
the accident, but he has also noticed that deceased
Javaramma had bedsores. The doctor has also opined
that the cause of death of Javaramma was probably due to
septicemia. He has also stated that after the accident, the
deceased was bedridden and therefore that could be the
cause for septicemia.
5. Having regard to the fact that the deceased was
aged 70 years and her postmortem indicated that she had
bedsores, it is rather obvious that the deceased was
completely bedridden after the accident. The fact that she
MFA No. 10491 of 2012
suffered head injury as well as chest injury probabilise the
opinion of the doctor who conducted the postmortem that
Javaramma died as a result of septicemia. In my view, in
the light of the medical opinion and the postmortem
report, the finding of the Tribunal that the death of
Javaramma did not have a nexus to the accident, cannot
be accepted and the finding is, therefore, set aside.
6. Javaramma was aged about 70 years and since
the accident occurred in the year 2009, it would be
appropriate and prudent to adopt the monthly income
determined by Karnataka State Legal Services Authority,
which, for the accident of the year 2009, would be
Rs.5,000/-. To the aforesaid amount, it is appropriate to
deduct 50% towards personal expenses and therefore, the
monthly income comes to Rs.2,500/-.
7. As the deceased was aged 70 years, multiplier of
'5' will have to be applied. The first claimant being the
MFA No. 10491 of 2012
daughter would thus be entitled to a sum of Rs.1,50,000/-
(2,500 x 12 x 5) towards "loss of dependency".
8. The first claimant would be entitled to a sum of
Rs.44,000/- towards "loss of consortium" and she would
also be entitled to a sum of Rs.33,000/- under the
"conventional heads". Claimants 2 and 3 being the
grandchildren would not be entitled to any compensation.
9. Consequently, the first claimant would be entitled
to the following sums:
Sl. Amount
Particulars
No. in (Rs.)
1. Loss of Dependency 1,50,000/-
2. Loss of Consortium 44,000/-
3. Conventional Head 33,000/-
Total 2,27,000/-
10. Thus, the first claimant would be entitled for
compensation of Rs.2,27,000/- along with interest at the
MFA No. 10491 of 2012
rate of 6% per annum from the date of petition till its
realization.
11. The Insurance Company is directed to deposit
the amount of compensation awarded within a period of
two months from the date of receipt of a certified copy of
this judgment.
The appeal is accordingly allowed in part.
SD/-
JUDGE
RD
