Karnataka High Court
Lakshmidevi @ Lakshmi vs Dammu Sudhakar S/O. Krishtaiah on 19 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14878
MFA No. 25413 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.25413/2011(MV-D)
BETWEEN:
1. SMT. LAKSHMIDEVI @ LAKSHMI
W/O. GALEPPA UMESH KUMAR,
AGE: 23 YEARS,
OCC: HOUSEWIFE.
2. MINOR UMAMAHESHWARI
D/O. GALEPPA UMESH KUMAR,
AGE: 1 YEAR.
3. SRI GALEPPA
S/O. LATE NARAPPA,
AGE: 51 YEARS,
OCC: AGRICULTURIST,
Digitally 4. SMT. ADEMMA
signed by
SUJATA W/O. GALEPPA,
SUBHASH
PAMMAR AGE: 46 YEARS,
OCC: HOUSE WIFE,
APPELLANT NO.2 IS A MINOR REPRESENTED
BY HER NATURAL GUARDIAN MOTHER
APPELLANT NO.1 SMT. LAKSHMIDEVI.
ALL ARE R/O: HALEDESHNUR VILLAGE,
TQ: SIRUGUPPA, DIST: BALLARI.
...APPELLANTS
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
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NC: 2023:KHC-D:14878
MFA No. 25413 of 2011
AND:
1. SRI DAMMU SUDHAKAR
S/O. KRISHTAIAH,
AGE: 31 YEARS, DRIVER OF APSRTC
BUS BEARING AP-28/Z-2678,
JAHIRABAD DEPOT,
R/O: VENKATAPURA VILLAGE, PEDDA
SHANKARAMMAPETE MANDALAM
MEDAK DISTRICT,
ANDHRA PRADESH STATE.
2. THE DIVISIONAL MANAGER,
APSRTC BUS BEARING AP-28/Z-2678,
HAHEERABAD DEPOT,
MUSHIRABAD,
HYDRABAD,
ANDHRA PRADESH STATE.
...RESPONDENTS
(BY SRI SHIVAKAUMAR S. BADAWADAGI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DTD:13-07-2010
PASSED IN MVC.NO.1152/2009 ON THE FILE OF THE LEARNED
MOTOR ACIDENT CLAIMS TRIBUNAL - IX, BALLARI, MAY
KINDLY BE SET ASIDE AND ALLOW THE CLAIM PETITION AS
PRAYED FOR BY ALLOWING THE ABOVE APPEAL WITH COST.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14878
MFA No. 25413 of 2011
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 13.07.2010, passed by the
tribunal in MVC No.1152/2009, seeking enhancement of
compensation.
2. Heard the arguments and perused the material
placed on record.
3. In this case, the factum of accident, death of
deceased in the said accident and coverage of insurance
are not in dispute.
4. In the present case the deceased was aged 24
years as on the date of accident and was working in the
Reliance Company as an executive by profession. The
tribunal awarded compensation under various heads as
follows:
Sl.No. Heads. Amount in
(Rs.)
1. Loss of dependency 5,83,200
2. Loss of Consortium 10,000
3. Loss of Love and affection 10,000
4. Loss of Estate. 10,000
5. Funeral Expenses. 7,500
Total: 6,20,700
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5. The tribunal awarded lesser amount of
compensation contrary to the principles of law decided by
the Hon'ble Supreme Court. Therefore, the same is
required to be modified.
6. The accident is of the year 2009. Hence
notional income is to be taken at Rs.5,000/- as recognized
by the Karnataka State Legal Services Authority. In view
of the decision of the Hon'ble Apex Court in case of
National Insurance Company Limited vs. Pranay
Sethi and others, reported in (2017) 16 Supreme
Court Cases 680, 40% of the income is to be added
towards loss of future prospects in life. There are totally
four legal heirs. Therefore 1/4th of the income is to be
deducted towards personal and living expenses. The
claimants are wife and children and parents of deceased.
Considering the age of the deceased, the appropriate
applicable multiplier is 18. Therefore loss of dependency is
re-assessed and quantified at Rs.11,34,000/- (Rs.5,000 +
40% minus 1/4th x 12 x 18).
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7. In view of the decision of the Hon'ble Supreme
Court in the case of Magma General Insurance Co.
Limited v. Nanu Ram & Others, reported in 2018 ACJ
2782 and in the case of Pranay Sethi supra, the
claimants are entitled to Rs.40,000/- each under the head
'loss of consortium', along with 10% escalation.
Accordingly, Rs.1,76,000/- (Rs.40,000 x 4 + 10%) is
awarded under the head 'loss of consortium including loss
of love and affection'.
8. Further, a compensation of Rs.15,000/- each is
awarded under the head 'loss of estate' and 'funeral and
transportation' respectively, along with 10% escalation.
Therefore under these heads Rs.33,000/- (Rs.15,000 x 2
+ 10%) is awarded.
9. Thus, the claimants would be entitled for
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 11,34,000
(Rs.5,000 + 40% minus 1/4th x
12 x 18)
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2. Towards loss of consortium 1,76,000
(40,000 x 4 +10%)
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses.
(15,000 x 2 + 10%)
Total: 13,43,000
Less: Compensation awarded by 6,20,700
tribunal:
Enhanced compensation: 7,22,300
10. Therefore, the claimants are entitled for
compensation of Rs.13,43,000/- as against what has been
awarded by the tribunal along with interest at the rate of
6% p.a. from the date of filing of the petition till
realization. The insurance company is directed to deposit
the enhanced compensation within eight weeks from the
date of receipt of a certified copy of this judgment.
11. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award passed in MVC
No.1152/2009, dated 13.07.2010, by the
Motor Accident Claims Tribunal,-IX, Bellari
stands modified.
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iii) The claimants are entitled for total
compensation of Rs.13,43,000/- as against
what has been awarded by the tribunal
along with interest at the rate of 6% p.a.
from the date of petition till its realization.
iv) The claimants are not entitled for interest
for the delayed period of 335 days in filing
the appeal.
v) The insurance company shall deposit the
amount within a period of eight weeks
from the date of receipt of a copy of this
judgment.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
SSP
CT-ASC
