Karnataka High Court
Sanna Rudrappa S/O Late Sanna Ramappa vs Vijay Bhaskar S/O Rama Murthy on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:14926
MFA No. 22281 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.22281/2012(MV-D)
BETWEEN
1. SRI. SANNA RUDRAPPA S/O LATE SANNA RAMAPPA,
AGE: 49 YEARS, OCC: COOLIE,
2. SRI. H. RAVI KUMAR S/O LATE SANNA RUDRAPPA,
AGE: 23 YEARS, OCC: COOLIE,
3. SRI. MAHESH S/O. LATE SANNA RUDRAPPA,
AGE: 20 YEARS, OCC: COOLIE,
ALL ARE R/O: AMARAPUR VILLAGE,
TQ and DIST: BELLARY.
...APPELLANTS
(By Sri. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND
1. SRI. VIJAY BHASKAR,S/O RAMA MURTHY,
Digitally
signed by AGE: MAJOR, RIDER-CUM-OWNER OF THE
SUJATA MOTOR CYCLE BEARING REGN.NO.KA-34/U-7579,
SUBHASH
PAMMAR R/O: H.NO.460, MIG 2ND CROSS,
KUVEMPU NAGAR, BALLARI.
2 . THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
BALLARI.
....RESPONDENTS
(BY SRI. R.R. MANE ADVOCATE FOR R2;
R1-NOTICE DISPENSED)
THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST
THE JUDGMENT AND AWARD DATED:23-01-2012 PASSED IN MVC
NO.368/2011 ON THE FILE OF MEMBER, MACT. NO. V, BELLARY,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
-2-
NC: 2023:KHC-D:14926
MFA No. 22281 of 2012
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURTDELIVERED THE
FOLLOWING JUDGMENT.
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 23.01.2012 passed by the
tribunal in MVC No.368/2011 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 tribunal awarded
compensation under various heads as follows:
Sl.No. Heads. Amount in
(Rs.)
1. Loss of Estate 1,17,000/-
NC: 2023:KHC-D:14926
2. Loss of expectation of life 10,000/-
3. Loss of consortium 10,000/-
4. Transportation and funeral 10,000/-
expenses
Total: 1,47,000/-
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 deceased was aged 35 years as on the date
of accident and was a Coolie by profession. The accident is
of the year 2011. Hence notional income is to be taken at
Rs.6,000/- 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, 25% of the
income is to be added towards loss of future prospects in
life. There are totally three legal heirs. Therefore 1/3 of
NC: 2023:KHC-D:14926
the income is to be deducted towards personal and living
expenses. Considering the age of the deceased, the
appropriate applicable multiplier is 14. Therefore loss of
dependency is re-assessed and quantified at Rs.8,40,000/-
(Rs.6,000/-+Rs,1,500/- x 2/3 x 12 x 14).
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.1,32,000/- (Rs.40,000 x 3 + 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.
NC: 2023:KHC-D:14926
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 8,40,000/-
2. Towards loss of consortium 1,32,000/-
(40,000 x 3 +10%)
3. Towards loss of estate and 33,000/-
transportation of dead body &
funeral expenses.
(15,000 x 2 + 10%)
Total: 10,05,000/-
10. Therefore, the claimants are entitled for
compensation of Rs.10,05,000/- along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.4,47,000/- awarded by the
tribunal.
11. In the result, I proceed to pass the following:
NC: 2023:KHC-D:14926
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated dated
23.01.2012 passed by the tribunal in MVC
No.368/2011 stands modified.
iii) The claimants are entitled for total
compensation of Rs.10,05,000/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
iv) The insurance company shall deposit
the amount within a period of eight weeks from
the date of receipt of a copy of this judgment.
v) Send back the trial Court records
along with a copy of this judgment.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
BNV
