Karnataka High Court
Smt Vasanthamma vs Sri Seenappa M on 13 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 8409 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8409 OF 2022 (MV)
BETWEEN:
1. SMT VASANTHAMMA
W/O PUTTASWAMY
AGED ABOUT 50 YEARS.
2. SRI PUTTASWAMY
S/O LATE HELAVAIAH
AGED ABOUT 68 YEARS.
3. SRI DEV KUMAR MANYA KP
S/O PUTTASWAMY
AGED ABOUT 23 YEARS
4. SRI CHANDAN RAJA KP
S/O PUTTASWAMY
AGED ABOUT 27 YEARS
Digitally signed ALL ARE RESIDIING AT NO.1/1
by HIGALARAPALYA MAIN ROAD
DHANALAKSHMI
MURTHY OPP VIVEKA HIGH SCHOOL
Location: High ANDARAHALLI, BANGALORE-560091.
Court of ...APPELLANTS
Karnataka
(BY SRI. TEJAS N., ADVOCATE)
AND:
1. SRI SEENAPPA M
S/O MARAPPA
AGE MAJOR
R/AT NO.227 4TH CROSS
KALLAPPA LAYOUT
AMRUTHAHALLI
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MFA No. 8409 of 2022
BANGALORE-560092
2. THE MANAGER
ACKO GENERAL INSURANCE LTD.,
OFF AT UNIT NO.301 AND 302
3RD FLOOR F WING
LOTUS CORPORATE PARK
OFF WESTERN EXPRESS HIGHWAY
JAY COACH GOREGAON EAST
MUMBAI-400063
...RESPONDENTS
(BY SRI.MALLIKARJUNA REDDY., ADVOCATE FOR
SRI. B PRADEEP, ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DATED: 18.04.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:08.08.2022
PASSED IN MVC NO. 6652/2019 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT,
BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimants being aggrieved by
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the judgment and award dated 08.08.2022 passed by the
MACT, Bengaluru in MVC No.6652/2019.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 01.10.2019 at about 04.00 a.m., the
deceased Hitesh Raju K.P, was traveling in a Maruthi Swift
Car bearing Registration No.KA-04-MS-2816 from Hubali
to Bengaluru. When they were proceeding near Oorukere
bus stand, NH-48, Sira-Tumkar Road, at that time, the
driver of the Car drove the same very in a rash or
negligent manner and dashed to the on going Truck
bearing Registration No.KA-52-1126. As a result of the
aforesaid accident, the deceased sustained grievous
injuries and succumbed to the injuries.
3. The claimants filed a petition under Section 166 of
the Act seeking compensation for the death of the
deceased along with interest.
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4. On service of summons, the respondent No.2
appeared through counsel and filed written statement in
which the averments made in the petition were denied. It
was pleaded that the petition itself is false and frivolous in
the eye of law. The age, occupation and income of the
deceased are denied. It was further pleaded that the
quantum of compensation claimed by the claimants is
exorbitant. Hence, he sought for dismissal of the petition.
The respondent No.1 did not appear before the
Tribunal inspite of service of notice and hence was placed
ex-parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimants, in order to prove their case,
examined claimant No.1 as PW-1 and got exhibited
documents namely Ex.P1 to Ex.P16. On behalf of
respondents, neither examined any witness nor exhibited
any document. The Claims Tribunal, by the impugned
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judgment, inter alia, held that the accident took place on
account of rash and negligent driving of the offending
vehicle by its driver, as a result of which, the deceased
sustained injuries and succumbed to the injuries. The
Tribunal further held that the claimants are entitled to a
compensation of Rs.22,52,000/- along with interest at the
rate of 6% p.a. and directed the Insurance Company to
deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimants has raised the
following contentions:
a) Firstly, the claimants claim that the deceased was
aged about 27 years at the time of the accident and he
was earning Rs.20,000/- per month by working as
Lecturer. To prove the same, they have produced Degree
Certificate and marks card. But the Tribunal even though
accepted the documents produced by the claimants, has
considered the monthly income of the deceased as merely
as Rs.15,000/-.
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b) Secondly, as per the judgment of the Hon'ble
Supreme Court in the case of MAGMA GENERAL INSURANCE CO.
LTD. -V- NANU RAM [2018 ACJ 2782], the compensation
awarded by the Tribunal under the head of 'loss of love
and affection and consortium' is on lower side.
c) Thirdly, considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is on the lower side. Hence, he prays for allowing
the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has raised the following counter-
contentions:
a) Firstly, even though the claimants claim that the
deceased was earning Rs.20,000/- per month by working
as a Lecturer, except producing the marks card and
degree certificate, they have not produced any other
document to prove that he was working as Lecturer and
earning Rs.20,000/- per month. Therefore, the Tribunal
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has rightly assessed the income of the deceased
notionally.
b) Secondly, on appreciation of oral and documentary
evidence and considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is just and reasonable. Hence, he prays for
dismissal of the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that Hitesh Raju died in the road
traffic accident occurred on 01.10.2019 due to rash and
negligent driving of the offending vehicle by its driver.
10. The claimants claim that deceased was earning
Rs.20,000/- per month by working as a Lecturer. Except
producing Degree Certificate and marks cards, they have
not produced any documents to prove that the deceased
was working as a Lecturer and was earning Rs.20,000/-
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per month. Therefore, considering the evidence of PW-1,
Ex.P9 and Ex.P10, I am of the opinion that the monthly
income of the deceased is assessed at Rs.16,000/-. The
Tribunal has rightly added 40% of the income of the
deceased on account of future prospects in view of the law
laid down by the Constitution Bench of the Supreme Court
in 'PRANAY SETHI' (supra). Thus, the monthly income
comes to Rs.22,400/-. The Tribunal has also rightly
deducted 50% of the income of the deceased towards
personal expenses. Thus, the monthly income comes to
Rs.11,200/-. The deceased was aged about 27 years at
the time of the accident and multiplier applicable to his
age group is '17'. Thus, the claimants are entitled to
compensation of Rs.22,84,800/- (Rs.11,200*12*17) on
account of 'loss of dependency'.
11. The compensation awarded by the Tribunal on the
other heads are just and reasonable.
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12. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 22,84,800
Funeral expenses 15,000
Loss of estate 15,000
Loss of Filial consortium 80,000
Total 23,94,800
13. In the result, I pass the following order:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimants are entitled to a total compensation of
Rs.23,94,800/- as against Rs.22,52,000/- awarded by
the Tribunal.
d) The Insurance Company is directed to deposit the
enhanced compensation amount along with interest @ 6%
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p.a. from the date of filing of the claim petition till the date
of realization, within a period of six weeks from the date of
receipt of copy of this judgment.
Sd/-
JUDGE
HA
