Karnataka High Court

Sri Revanasiddappa vs Smt Govindamma on 15 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                          NC: 2023:KHC:45721
                                                      MFA No. 8317 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF DECEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 8317 OF 2022 (MV)
                   BETWEEN:

                   1.    SRI REVANASIDDAPPA
                         S/O SIDDAPPA
                         AGED ABOUT 50 YEARS

                   2.    SMT BHARATHI
                         W/O REVANASIDDAPPA
                         AGED ABOUT 44 YEARS

                   3.    SRI SANJAY R
                         S/O REVANASIDDAPPA
                         AGED ABOUT 21 YEARS
                         ALL AR R/O SHANTHI DHAMA
                         5TH CROSS, SHIVAPPA NAYAKA BADAVANE
                         ALKOLA, VINOBANAGAR
                         SHIVAMOGGA-577204.
Digitally signed                                               ...APPELLANTS
by
DHANALAKSHMI       (BY SRI. M V MAHESWARAPPA.,ADVOCATE)
MURTHY
Location: High
Court of           AND:
Karnataka

                   1.    SMT GOVINDAMMA
                         W/O MANJUNATHA
                         AGED ABOUT 49 YEARS
                         R/O MATHUR VILLAGE
                         SHIVAMOGGA TALUK & DISTRICT-577204.

                   2.    SRI LINGARAJU
                         S/O VENKATESHA
                         AGED ABOUT 33 YEARS
                         VOKKALIGA COMMUNITY
                              -2-
                                           NC: 2023:KHC:45721
                                       MFA No. 8317 of 2022




     DRIVER
     R/A SANTHEKADURU
     SHIVAMOGGA TALUK & DISTRICT-577204.

3.   THE MANAGER
     CHOLAMANDALAM MS GENERAL
     INSURANCE COMPANY LIMITED
     B H ROAD, SHIVAMOGGA.
                                              ...RESPONDENTS
(BY SRI.B.PRADEEP., ADVOCATE FOR R3:
NOTICE TO R1 & R2 ARE DISPENSED WITH
V/O DATED: 18.01.2023)


     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 05.02.2021
PASSED IN MVC NO. 774/2018 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MOTOR
ACCIDENT CLAIMS TRIBUNAL-8, SHIVAMOGGA,        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

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

the judgment dated 05.02.2021 passed by the II Addl.

Senior Civil Judge and Additional Motor Accident Claims

Tribunal-8 at Shivamogga (for short 'the Tribunal') in

MVC No.774/2018.

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2. Facts giving rise to the filing of the appeal

briefly stated are that on 28.05.2017 at about 7.00 p.m.

the deceased Manjunatha was proceeding on a motorcycle

bearing registration No.KA-14/EN-1006 from Sringeri

towards Shivamogga. When he reached near

Mandenakoppa bus stop, at that time, a Bolero vehicle

bearing registration No.KA-14/B-7094 which was being

driven in a rash and negligent manner, dashed against the

vehicle of the deceased. As a result of the aforesaid

accident, the deceased fell down, sustained grievous

injuries and succumbed to the injuries at the hospital.

3. The claimants filed a petition under Section 166

of the Act seeking compensation for the death of the

deceased along with interest.

4. On service of summons, the respondent Nos.1

to 3 appeared through counsel and respondent No.3 filed

written statement in which the averments made in the

petition were denied. The age, occupation and income of

the deceased are denied. It was pleaded that the accident

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was due to the rash and negligent riding of the motorcycle

by the deceased himself. It was further pleaded that the

driver of the offending vehicle did not possess valid driving

licence as on the date of the accident. It was further

pleaded that the liability is subject to terms and conditions

of the policy. It was further pleaded that the quantum of

compensation claimed by the claimants is exorbitant.

Hence, he sought for dismissal of the petition.

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 other two witnesses

as PW-2 and PW-3 and got exhibited documents namely

Ex.P1 to Ex.P27. On behalf of respondents, neither any

witness was examined nor got exhibited documents. The

Claims Tribunal, by the impugned 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

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the claimants are entitled to a compensation of

Rs.15,42,000/- 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:

(i) Firstly, the claimants claim that at the time of the

accident the deceased was working as electrician and was

earning Rs.20,000/- per month. They have also produced

the salary certificate as per Ex.P21 and also examined the

employer. But the notional income assessed by the

Tribunal at Rs.10,000/- is on the lower side.

(ii) Secondly, as per the judgment of the Hon'ble

Supreme Court in the case of MAGMA GENERAL

INSURANCE CO. LTD. -V- NANU RAM reported in 2018

ACJ 2782, each of the claimants are entitled for

compensation under the head of 'loss of love and affection

and consortium'. Hence, he prays for allowing the appeal.

NC: 2023:KHC:45721

7. On the other hand, the learned counsel for the

Insurance Company has raised the following contentions:

(i) Firstly, even though the claimants claim that the

deceased was earning Rs.20,000/- per month, produced

salary certificate and also examined the employer they

have not produced bank statement to show that he was

getting salary of Rs.20,000/- per month. Considering the

evidence of PW1 and PW3, the Tribunal has rightly

assessed the notional income of the deceased at

Rs.10,000/- per month.

(ii) Secondly, considering the age and avocation of

the deceased, the 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 and original records.

9. It is not in dispute that Manjunatha died in the

road traffic accident occurred on 28.05.2017 due to rash

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and negligent driving of the Bolero vehicle bearing

registration No.KA-14/B-7094 by its driver.

10. Even though the claimants claim that deceased

was earning Rs.20,000/- per month and produced salary

certificate and also examine the employer as Ex.P3, in his

cross-examination PW3 has admitted that he has no

documents in the IT returns regarding payment of salary

to the employees. Considering the evidence of PW1 and

PW3, I am of the opinion that the monthly income of the

deceased has to be assessed at Rs.11,000/-. To the

aforesaid amount, Tribunal has rightly considered addition

of 40% on account of future prospects in view of the law

laid down by the Constitution Bench of the Supreme Court

in NATIONAL INSURANCE CO. LTD. -v- PRANAY

SETHI AND OTHERS reported in AIR 2017 SC 5157.

Thus, the monthly income comes to Rs.15,400/-, out of

which, since deceased was a bachelour, it is appropriate to

deduct 50% towards personal expenses and therefore, the

monthly income comes to Rs.7,700/-. The deceased was

NC: 2023:KHC:45721

aged about 19 years at the time of the accident and

multiplier applicable to his age group is '18'. Thus, the

claimants are entitled to compensation of Rs.16,63,200/-

(Rs.7,700*12*18) on account of 'loss of dependency'. In

addition, the claimants are entitled to Rs.15,000/- on

account of 'loss of estate' and Rs.15,000/- on account of

'funeral expenses'. In view of the law laid down by the

Supreme Court in MAGMA GENERAL INSURANCE

(supra), the claimant Nos. 1 and 2 are entitled for

compensation of Rs.40,000/- each under the head of 'loss

of filial consortium'.

11. Thus, the claimants are entitled to the following

compensation:

              Compensation under             Amount in
                different Heads                (Rs.)

            Loss of dependency                  16,63,200

            Funeral expenses                       15,000

            Loss of estate                         15,000

            Loss of Filial consortium              80,000

                             Total             17,73,200

                                           NC: 2023:KHC:45721

12. In view of the above, I pass the following order: