Karnataka High Court
Smt. Sowbhagyamma vs Shivakumar Y P on 10 August, 2023
Bench: M.I.Arun
-1-
NC: 2023:KHC:28374
MFA No. 275 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO. 275 OF 2019 (MV-D)
BETWEEN:
1. SMT. SOWBHAGYAMMA,
W/O LATE D.PUTTASWAMY GOWDA,
AGED ABOUT 69 YEARS,
2. DEVARAJU P.,
S/O LATE D.PUTTASWAMY GOWDA,
AGED ABOUT 50 YEARS,
BOTH ARE RESIDING AT NO.200,
6TH CROSS, BCC LAYOUT,
VIJAYANAGAR, BANGALORE-40
...APPELLANTS
(BY SRI. SHRIPAD V.SHASTRI, ADVOCATE)
AND:
1. SHIVAKUMAR Y.P.,
S/O PUTTEGOWDA,
Digitally NO.120, YEDUMARANAHALLI
signed by V
MANJUSHA VILLAGE & POST,
BAI UYYAMBALLY HOBLI,
Location: KANAKAPURA TALUK,
High Court of
Karnataka RAMANAGAR DISTRICT-572 113.
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
REGIONAL OFFICE, 5TH FLOOR
KRISHI BHAVAN, HUDSON CIRCLE,
BANGALORE-01.
...RESPONDENTS
(BY SRI. Y.P.VENKTAPATHI, ADVOCATE FOR R2;
VIDE ORDER DATED 16.03.2021 NOTICE TO R1
DISPENSED WITH)
-2-
NC: 2023:KHC:28374
MFA No. 275 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.08.2018 PASSED IN MVC
NO.3760/2015 ON THE FILE OF XVIII ADDL. JUDGE, COURT OF
SMALL CAUSES, MEMBER, MACT, BENGALURU (SCCH-4),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the judgment and award dated
29.08.2018 passed in MVC No.3760/2015 by the Court of
Motor Vehicles Accident Claims Tribunal, Bangalore City,
SCCH-4, (for short 'the Tribunal'), the petitioners therein
have preferred this appeal.
2. For the sake of convenience, the parties are referred
to herein as per their status before the Tribunal.
3. Brief facts of the case are as follows:
On 17.05.2015 at about 5.30 p.m. the deceased
D.Puttaswamy Gowda while traveling on a TVS moped
bearing Reg.No.KA-42-573 met with an accident on
Doddalahalli-Sathanur road with a motor cycle bearing
NC: 2023:KHC:28374
MFA No. 275 of 2019
Reg.No.KA42-R-1361 which was being driven in a rash and
negligent manner and duly insured with respondent No.2-
insurance company. Because of the accident, he died.
Petitioner No.1 is the wife and petitioner No.2 is the son of
the deceased. Petitioner No.2 was not dependent upon the
deceased.
4. The Tribunal, based on the evidence let in, has
awarded a compensation of Rs.1,50,000/- along with
interest at the rate of 6% p.a. from the date of petition till
realization. Not satisfied by the same, the petitioners have
preferred this appeal.
5. The liability of the insurance company is not under
challenge. The only question to be determined is the
quantum. The accident occurred in the year 2015. The
income of the deceased has not been proved. Hence, the
notional income has to be considered as per the chart
prepared by the Karnataka State Legal Services Authority
in consultation with the insurance companies, which will be
Rs.9,000/- per month. Given the age of the deceased at
NC: 2023:KHC:28374
MFA No. 275 of 2019
75 years, as per the law laid down by the Hon'ble
Supreme Court in Sarla Verma & Ors vs Delhi
Transport Corp.& Anr [2009(6) SCC 121], multiplier of
'5' is applicable. Further, the deceased, who had one
dependant at the time of his death, 1/3rd of his income has
to be deducted towards his personal expenses. Thus, on
the count of 'loss of dependency', petitioner No.1 would be
entitled to a sum of Rs.3,60,000/- [Rs.9,000/- x 12 x 9 -
2/3].
6. Petitioner No.1 is also entitled to a sum of
Rs.30,000/- towards 'loss of estate and funeral
expenses'. Each of the petitioners are entitled to a sum of
Rs.40,000/- towards 'loss of consortium' and thus,
together they are entitled to a sum of Rs.80,000/- under
the said head.
7. Thus, the compensation to the petitioners under
different heads is modified as hereunder:-
NC: 2023:KHC:28374
MFA No. 275 of 2019
Compensation
Sl.
Heads of Compensation awarded by this
No.
Court
1. Towards loss of dependency Rs.3,60,000/-
Towards loss of estate and funeral
2. Rs.30,000/-
expenses
3. Towards loss of consortium Rs.80,000/-
TOTAL Rs.4,70,000/-
8. Thus, the petitioners are entitled to an enhanced
compensation of Rs.3,20,000/- (Rs.4,70,000/- minus
Rs.1,50,000/-). Hence, the following:
ORDER
i) The appeal is allowed in part;
ii) The total compensation awarded by the
Tribunal is modified and the petitioners are
entitled to a total compensation of
Rs.4,70,000/- along with interest at the rate
of 6% per annum from the date of filing of the
petition before the Tribunal till the date of
realization. Of the said sum, petitioner No.1
shall be entitled to a sum of Rs.4,30,000/-
and petitioner No.2 shall be entitled to a sum
NC: 2023:KHC:28374
MFA No. 275 of 2019
of Rs.40,000/- along with due interest
thereon;
iii) Respondent No.2-Insurance Company shall
pay the compensation amount to the
petitioners along with interest at the rate of
6% p.a. within a period of six weeks from the
date of receipt of the certified copy of the
judgment and order;
iv) Draw modified award accordingly;
v) Registry to return the records to the
jurisdictional Tribunal forthwith.
SD/-
JUDGE
PGG
