Karnataka High Court
Shobh W/O Adiveppa Toranagatti vs Devadas S/O Yallappa Goral on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:14931
MFA No. 22735 of 2013
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.22735/2013(MV-D)
BETWEEN
1 . SMT. SHOBHA
W/O. ADIVEPPA TORANAGATTI,
AGE: 23 YEARS,
OCC: HOUSEHOLD,
R/O: NAGANUR,
TAL: BAILHONGAL,
DIST: BELAGAVI.
2. KUMARI SNEHA
D/O. ADIVEPPA TORANAGATTI,
AGE: 5 YEARS,
OCC: STUDENT,
R/O: NAGANUR,
TAL: BAILHONGAL,
DIST: BELAGAVI.
Digitally
signed by
BHARATHI 3. KUMAR KIRAN
HM
S/O. ADIVEPPA TORANAGATTI,
AGE: 4 YEARS,
OCC: STUDENT,
R/O: NAGANUR,
TAL: BAILHONGAL,
DIST: BELAGAVI.
(APPELLANTS 2 AND 3 ARE
MINORS REP BY MINOR
GUARDIAN APPELLANT NO. 1).
-2-
NC: 2023:KHC-D:14931
MFA No. 22735 of 2013
4. SMT. KAMALAVVA
W/O. BASAPPA @ BASAVARAJ,
AGE: 45 YEARS,
OCC: HOUSEHOLD,
R/O: NAGANUR,
TAL: BAILHONGAL,
DIST: BELAGAVI.
...APPELLANTS
(By SRI HANAMANT R. LATUR, ADVOCATE)
AND
1. SHRI DEVADAS
S/O. YALLAPPA GORAL,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: DESUR,
TQ AND DIST: BELAGAVI.
2. DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE
CO., LTD.,
D.O. AT MARUTI GALLI,
BELAGAVI.
...RESPONDENTS
(By SRI M. B. HIREMATH, ADVOCATE FOR R1;
SMT. PREETI SHASHANK, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 31-01-2012 PASSED IN MVC NO.886/2011 ON THE FILE
OF FAST TRACK COURT-II AND ADDL. MACT, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 07.11.2023, COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY THE COURT
DELIVERED THE FOLLOWING JUDGMENT.
-3-
NC: 2023:KHC-D:14931
MFA No. 22735 of 2013
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 31.01.2012 passed in
MVC.No.886/2011 by the Fast Track Court-II and Addl.
MACT, Belgavi, for 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 dependency 6,88,500/-
2. Loss of consortium to petitioner 10,000/-
No.1
3. Loss of love and affection to 10,000/-
4. Funeral expenses 15,000/-
4. Transportation of dead body 2,000/-
and other incidental charges
Total: 7,25,500/-
NC: 2023:KHC-D:14931
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 26 years as on the date
of accident and was an agriculturist and also was working
as a peon in KLE society. 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, 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.
Considering the age of the deceased, the appropriate
applicable multiplier is 17. Therefore loss of dependency is
NC: 2023:KHC-D:14931
re-assessed and quantified at Rs.12,85,200/-
(Rs.6,000/- + 40% x 3/4 x 17x 12 ).
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:
NC: 2023:KHC-D:14931
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 12,85,200/-
2. Towards loss of consortium 1,76,000/-
including loss of love and
affection
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses.
Total: 14,94,200/-
10. Therefore, the claimants are entitled for
compensation of Rs.14,94,200/- along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.7,25,500/- awarded by the
tribunal. The insurance company is directed to deposit the
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 dated
31.01.2012 passed in MVC.No.886/2011 by the
NC: 2023:KHC-D:14931
Fast Track Court-II and Addl. MACT, Belgavi,
stands modified.
iii) The claimants are entitled for total
compensation of Rs.14,94,200/- 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 432 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
PB
ct:asc
