Karnataka High Court
Nirmalamma W/O Sari Jockeb vs K.Peddanna S/O K. Subbarayudu on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14936
MFA No. 101606 of 2015
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.101606/2015(MV-D)
BETWEEN
1 . SMT. NIRMALAMMA
W/O. LATE SARI JOCKEB,
AGE:43 YEARS,
OCC: HOUSE WIFE.
2. MINOR DIVYA
D/O. LATE SARI JOCKEB,
AGE:14 YEARS,
OCC: STUDENT.
3. MINOR VAMSHI
S/O. LATE SARI JOCKEB,
AGE:13 YEARS, OCC: STUDENT.
APPELLANTS NO.2 AND 3 ARE MINORS
Digitally REPRESENTED BY THEIR MOTHER NATURAL
signed by GUARDIAN
BHARATHI
HM APPELLANT NO.1 SMT. NIRAMALAMMA
W/O LATE SARI JOCKEB
AGE:43 YEARS, OCC: HOUSE WIFE,
ALL ARE R/O: SHAM NAGAR, W.NO.26 NANDYALA,
DIST: KURNNOL, ANDRAPRADES STATE.
...APPELLANTS
(By SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND
1 . SRI K.PEDDANNA
S/O. K. SUBBARAYUDU,
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NC: 2023:KHC-D:14936
MFA No. 101606 of 2015
AGE:25 YEARS,
DRIVER OF THE LORRY NO.AP-21/TX-1654
R/O: NEAR PEDDAMMA TEMPLE,
H.NO.2/120,
GADIVEMALA VILLAGE
AND MANDAL,
DIST: KURNNOL,
ANDRAPRADESH STATE.
2 . PATNA CHINNA MUNI SESHI REDDY
S/O P. ESHWAR REDDY,
AGE:55 YEARS,
OWNER OF LORRY NO.AP-21/TX-1654,
R/O 1-42, BHUDANURU GADIVEMULA,
DIST: KURNOOL
ANDRAPRADESH STATE.
3 . THE MANAGER,
THE UNIVERSAL SOMPO GENERAL
INSURANCE CO..,
UNIT NO.401, 4TH FLOOR,
ANDHERI KURLA ROAD,
ANDHERI (EAST),
MUMBAI-400059.
...RESPONDENTS
(By SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED: 25.02.2015, PASSED IN MVC NO.619/2014, ON THE
FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI,
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.
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NC: 2023:KHC-D:14936
MFA No. 101606 of 2015
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 25.02.2015 passed in
MVC.No.619/2014 by the MACT-II, Ballari, 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 3,78,000/-
2. Loss of love and affection 20,000/-
3. Loss of filial love to appellant 20,000/-
4. Loss of estate 20,000/-
5. Transportation of dead body 5,000/-
and funeral expenses
Total: 4,43,000/-
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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 deceased was aged 20 years as on the date
of accident and was a cleaner by profession. The accident
is of the year 2013. Hence notional income is to be taken
at Rs.7,000/- as recognized by the Karnataka State Legal
Services Authority. As the deceased was a bachelor, 50%
of income is to be deducted towards personal and living
expenses. 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 three legal heirs. The deceased was aged 20 years,
the appropriate applicable multiplier is 18. Therefore loss
of dependency is re-assessed and quantified at
Rs.10,58,400/- (Rs.7,000/- + 40% x 50% x 18 x 12).
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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.1,32,000/- (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.
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 10,58,400/-
2. Towards loss of consortium 1,32,000/-
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Towards loss of consortium
including loss of love and
affection
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses.
Total: 12,23,400/-
10. Therefore, the claimants are entitled for
compensation of Rs.12,23,400/- along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.4,43,000/- awarded by the
tribunal. The respondents are 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 impugned judgment and award dated
25.02.2015 passed in MVC.No.619/2014 by the MACT-II,
Ballari, stands modified.
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iii) The claimants are entitled for total
compensation of Rs.12,23,400/- along with interest at
the rate of 6% p.a. from the date of petition till its
realization.
iv) The respondents 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
PB
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