Karnataka High Court
Smt. Devendramma W/O Late Ramanna vs Sri. Yelagudrappa S/O Ohanumappa on 4 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14100
MFA No. 23391 of 2011
C/W MFA.CROB No. 100021 of 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 04TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.23391/2011 (MV-D)
C/W
MFA CROB NO.100021/2018 (MV-D)
IN MFA NO.23391/2011:
BETWEEN:
THE DIVISIONAL CONTROLLER,
KSRTC, DIVISION OFFICE,
SIRGUPPA ROAD, BALLARI,
REPRESENTED AT PRESENT
BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, SAREGE SADAN,
KALABURAGI.
...APPELLANT
(BY MISS. VAISHALI K. KALADAGI, ADVOCATE)
AND:
1. SMT. DEVENDRAMMA W/O. LATE RAMANNA,
Digitally
signed by AGE: 56 YEARS, OCC:COOLIE.
BHARATHI
HM
2. MINOR SIDDAPPA S/O. LATE RAMANNA,
AGE: 17 YEARS, STUDENT.
REPT. BY HIS NATURAL GUARDIAN MOTHER
RESPONDENT NO.1.
3. MINOR RENUKAMMA D/O. LATE RAMANNA,
AGE: 15 YEARS, STUDENT.
REPT. BY HER NATURAL GUARDIAN MOTHER
RESPONDENT NO.1.
ALL ARE R/O: GOREBAL VILLAGE,
TQ: SINDHANUR, DIST: RAICHUR.
...RESPONDENTS
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE.)
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MFA No. 23391 of 2011
C/W MFA.CROB No. 100021 of 2018
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET
ASIDE/QUASH THE JUDGMENT AND AWARD DATED 11.04.2011
BEFORE THE XI MOTOR ACCIDENT CLAIMS TRIBUNAL, AT BALLARI,
IN MVC NO.1362/2010 AND ETC.,
IN MFA CROB NO.100021/2018:
BETWEEN:
1. SMT. DEVENDRAMMA W/O. LATE RAMANNA,
AGE: 63 YEARS, OCC:COOLIE.
2. SRI SIDDAPPA S/O. LATE RAMANNA,
AGE: 24 YEARS, OCC:STUDENT.
3. KUMARI RENUKAMMA D/O. LATE RAMANNA,
AGE: 22 YEARS, OCC: STUDENT.
ALL ARE R/O: GOREBAL VILLAGE,
TQ: SINDHANUR , DIST: RAICHUR-584 128.
...CROSS OBJECTORS
(BY HANUMANTHREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI YELAGURDAPPA S/O. HANUMAPPA,
AGE: MAJOR, OCC: DRIVER OF KSRTC
BUS NO.KA-34/F-790, SIRUGUPPA DEPOT,
R/O: RAMTHAL VILLAGE, TQ: HUNUGUNDA,
DIST: BAGALKOTE - 587 118.
2. THE DIVISIONAL CONTROLLER
KSRTC DIVISION OFFICE, SIRUGUPPA ROAD,
BALLARI - 583 101.
...RESPONDENTS
(BY MISS. VAISAHLI K. KALADAGI, ADVOCATE FOR R2;
R1 - SERVICE OF NOTICE DISPENSED WITH.)
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NC: 2023:KHC-D:14100
MFA No. 23391 of 2011
C/W MFA.CROB No. 100021 of 2018
THIS CROSS OBJECTION IN MF NO.23391/2011 IS FILED
UNDER ORDER 41 RULE 22 OF C.P.C., PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED 11.04.2011, IN MVC NO.1362/2010,
PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND MACT-XI,
BALLARI, BY ENHANCING THE COMPENSATION AND ALLOW THE
CLAIM PETITION AND ETC.,.
THESE CROSS OBJECTION AND APPEAL COMING ON FOR
FINAL HEARING THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
The appeal in MFA No.23391/2011 is filed by the
KSRTC challenging the judgment and award dated
11.04.2011, in MVC No.1362/2010, passed by the II Addl.
Senior Civil Judge and MACT-XI, Ballari, praying to reduce
the quantum of compensation, whereas MFA CROB
No.100021/2018 is filed by the claimants seeking
enhancement of compensation.
2. The factum of accident, death of the deceased
in the accident, coverage of insurance are not in dispute in
this case.
3. Heard the arguments and perused the records.
4. In the present case the stepmother of the
claimants died in the accident. The deceased was aged 40
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C/W MFA.CROB No. 100021 of 2018
years old at the time of accident. Therefore the
appropriate applicable multiplier is 15. The accident is
caused in the year 2010. Therefore, in the absence of
proof of income, notional income would be Rs.5,500/- per
month as recognized by the Karnataka State Legal Service
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
three claimants. Hence, 1/3rd of the income is to be
deducted towards personal and living expenses. Therefore,
loss of dependency is hereby re-assessed and quantified
as Rs.9,24,000/- (Rs.5,500 + 40% minus 1/3rd x 12 x 15).
5. 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
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C/W MFA.CROB No. 100021 of 2018
'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'.
6. 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.
7. Thus, the claimants would be entitled for
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 9,24,000
(Rs.5,500 + 40% minus 1/3rd x
12 x 15).
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: 10,89,000
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C/W MFA.CROB No. 100021 of 2018
8. Therefore, the claimants are entitled for total
compensation of Rs.10,89,000/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.3,90,000/- awarded by the
tribunal. The appellant KSRTC is directed to deposit the
compensation within eight weeks from the date of receipt
of a certified copy of this judgment.
9. In the result, I proceed to pass the following:
ORDER
i) The appeal in MFA No.23391/2011
filed by the KSRTC is dismissed.
ii) The cross objection MFA CROB
No.100021/2018 filed by the claimants is
allowed in part.
iii) The judgment and award dated
11.04.2011, in MVC No.1362/2010, passed by
the II Addl. Senior Civil Judge and MACT-XI,
Ballari, stands modified.
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C/W MFA.CROB No. 100021 of 2018
iv) The claimants are entitled for total
compensation of Rs.10,89,000/- along with
interest at the rate of 6% p.a. from the date of
filing of the petition till realization, as against
Rs.3,90,000/- awarded by the tribunal.
v) The claimants are not entitled for
interest for the delayed period of 1644 days in
filing the cross objection.
vi) The appellant KSRTC shall deposit
the compensation amount within a period of
eight weeks from the date of receipt of a copy
of this judgment.
vii) Send back the trial Court records
along with a copy of this judgment.
viii) The amount in deposit shall be
transmitted to the tribunal.
ix) No order as to costs.
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C/W MFA.CROB No. 100021 of 2018
x) Draw award accordingly.
SD/-
JUDGE
MRK
CT-ASC
