Karnataka High Court
Yankappa S/O Irappa Manne vs Narasimlu S/O Buggappa Boini And Anr on 6 December, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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MFA No. 200919 of 2021
C/W MFA No. 200936 of 2021
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO.200919 OF 2021 (MV-D)
C/W
MISCL. FIRST APPEAL NO.200936 OF 2021 (MV-D)
IN MFA NO.200919 OF 2021:
BETWEEN:
1. NARAHARI
S/O SIDRAMAPPA MANNE,
AGE: 37 YEARS, OCC: AGRICULTURE,
2. RAGHAVENDRA
S/O SIDRAMAPPA MANNE,
AGE: 32 YEARS, OCC: AGRICULTURE,
Digitally signed
by LUCYGRACE BOTH ARE R/AT GURUMITKAL,
Location: HIGH TQ. AND DIST. YADGIRI-585 201.
COURT OF
KARNATAKA ...APPELLANTS
(BY SRI. B.C. JAKA, ADVOCATE)
AND:
1. NARASIMLU
S/O BUGGAPPA BOINI,
AGE: 37 YEARS,
OCC: OWNER OF JEEP-MAXI CAB
TOOFAN BEARING REG. NO.KA-33/9557,
R/AT KESHWAR, TQ. & DIST. YADGIRI-585 201.
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MFA No. 200919 of 2021
C/W MFA No. 200936 of 2021
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
BASAVESHWAR COMPLEX,
1ST FLOOR, NEAR KUBERA HOTEL,
OPP: KPCL/RTPS MAIN GAGE,
HYDERABAD ROAD, SHAKTINAGAR,
TQ. AND DIST. RAICHUR-584 101.
...RESPONDENTS
(SRI. SANJAY M. JOSHI, ADVOCATE FOR R2;
V/O DATED 26.08.2021, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED
06.03.2019 PASSED BY THE SENIOR CIVIL JUDGE AND CJM,
YADGIRI IN MVC NO.35/2017 AND CONSEQUENTLY BE
PLEASED TO ENHANCE THE COMPENSATION OF
RS.07,23,000/- WITH INTEREST @ 12 PERCENT PER ANNUM
FROM THE DATE OF PETITION TILL ACTUAL REALIZATION.
IN MFA NO.200936 OF 2021:
BETWEEN:
YANKAPPA S/O IRAPPA MANNE,
AGE: 64 YEARS, OCC: NIL,
R/AT GURUMITKAL,
TQ. AND DIST. YADGIRI-585 201.
...APPELLANT
(BY SRI. B.C. JAKA, ADVOCATE)
AND:
1. NARASIMLU
S/O BUGGAPPA BOINI,
AGE: 37 YEAS,
OCC: OWNER OF JEEP-MAXI CAB
TOOFAN BEARING REG. NO.KA-33/9557,
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MFA No. 200919 of 2021
C/W MFA No. 200936 of 2021
R/AT KESHWAR,
TQ. & DIST. YADGIRI-585 201.
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
BASAVESHWAR COMPLEX,
1ST FLOOR, NEAR KUBERA HOTEL,
OPP: KPCL/RTPS MAIN GAGE,
HYDERABAD ROAD, SHAKTINAGAR,
TQ. & DIST. RAICHUR-584 101.
...RESPONDENTS
(SRI. SANJAY M. JOSHI, ADVOCATE FOR R2;
V/O DATED 21.09.2021, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED
01.03.2019 PASSED BY THE SENIOR CIVIL JUDGE AND CJM AT
YADGIR IN MVC NO.33/2017 AND CONSEQUENTLY BE PLEASED
TO ENHANCE THE COMPENSATION OF RS.8,67,000/- WITH
INTEREST AT 12 PERCENT PER ANNUM FROM THE DATE OF
PETITION TILL ACTUAL REALIZATION.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.200919/2021 is filed by claimant Nos.2
and 3 being the sons of one deceased Bhimamma, seeking
enhancement of compensation awarded by the Senior Civil
Judge and CJM at Yadgir (for short 'Tribunal') in MVC
No.35/2017 by its judgment and award dated 06.03.2019.
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2. MFA No.200936/2021 is filed by the claimant
being the husband of one deceased Kalamma, seeking
enhancement of compensation awarded by the Senior Civil
Judge and CJM at Yadgir in MVC No.33/2017 by its
judgment and award dated 01.03.2019.
3. The aforesaid claim petitions were filed seeking
compensation for the death of Bhimamma and Kalamma,
which occurred in an accident dated 06.08.2015 involving
Maxi Cab Toofan Jeep bearing Reg. No.KA-33/9557 and a
Tanker Lorry bearing Reg. No.MH-04/GC-7750, in which
the said Bhimamma, mother of the appellants in MFA
No.200919/2021 died on the spot and Smt. Kalamma, wife
of the appellant in MFA No.200936/2021 died during the
treatment.
4. The accident in question and the liability of the
Insurer to pay the compensation are not in dispute.
5. The Tribunal, on assessment of evidence has
come to the conclusion that the accident had occurred on
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account of rash and negligent driving of the driver of the
maxi cab and directed respondent No.2 - Insurance
Company to pay the compensation awarded.
6. Sri B.C. Jaka, learned counsel appearing for the
appellants in both the appeals submits that the Tribunal
has assessed the notional income of the deceased
Bhimamma and Kalamma at Rs.6,000/- per month, even
while they were earning Rs.8,000/- per month, doing
coolie work. He further submits that the Tribunal has not
awarded future prospects and compensation under
conventional heads as enunciated by the Hon'ble Apex
Court in National Insurance Company Limited v.
Pranay Sethi and others reported in (2017) 16 SCC
680 and in Magma General Insurance Company
Limited vs. Nanu Ram Alias Chuhru Ram and others
reported in (2018) 18 SCC 130. Hence, seeks for
enhancement.
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7. Further, learned counsel for the appellants
submits that claimant No.1 in MVC No.35/2017 (MFA
No.200919/2021), who is husband of deceased
Bhimamma, namely Sidramappa is no more. Thus, the
dependents living are only two.
8. Per contra, Sri Sanjay M. Joshi, learned counsel
appearing for respondent No.2 - Insurance Company,
justifying the judgment passed by the Tribunal submits
that no proof of income of the deceased was produced, as
such, the Tribunal has assessed the notional income at
Rs.6,000/- per month and the same cannot be found fault
with. However, as regards the grant of future prospects
and other conventional heads, he fairly submits that the
claimants are entitled for compensation in terms of the law
laid down by the Hon'ble Apex Court.
9. Heard the learned counsel for the parties and
perused the records.
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10. Since the accident in question resulting in death
of said Bhimamma and Kalamma due to negligence on the
part of the driver of the maxi cab which was insured with
respondent No.2 not being disputed, the only question
required to be considered is with regard to quantum of
compensation.
11. Though the claimants being the legal
representatives of the deceased Bhimamma and Kalamma
respectively had contended that both the deceased were
earning Rs.8,000/- per month from their coolie work, the
Tribunal had assessed the same at Rs.6,000/- per month.
The accident is of the year 2015. Even according to the
chart prepared by the Karnataka State Legal Services
Authority, the notional income in respect of the victims of
the road traffic accident of the year 2015 is determined at
Rs.8,000/- per month. The same is taken in the instant
cases as well.
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12. Deceased Bhimamma was aged about 45 years
and deceased Kalamma was aged about 55 years at the
time of their death. In view of the law laid down by the
Hon'ble Apex Court in the case of Pranay Sethi (supra),
25% of the income assessed has to be added to the
income of deceased Bhimamma and 10% of the income
assessed has to be added to the income of deceased
Kalamma towards future prospects.
13. Considering the number of dependents, 1/3rd
needs to be deducted towards personal and living
expenses of both the deceased.
14. The age of deceased Bhimamma being 45
years, multiplier of '14' is applied. The age of deceased
Kalamma being 55 years, multiplier of '11' is applied.
15. Thus, calculated as above, the appellants in
both the appeals would be entitled for compensation
towards loss of dependency as under:
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In MFA No.200919/2021 (MVC 35/2017 - deceased
Bhimamma):
Rs.8,000 + 25% x 12 x 14 x 2/3 = Rs.11,20,000/-
In MFA No.200936/2021 (MVC 33/2017 - deceased
Kalamma):
Rs.8,000 + 10% x 12 x 11 x 2/3 = Rs.7,74,400/-
16. In view of the law laid down by the Hon'ble
Apex Court in case of Magma General Insurance
Company Limited (supra), which is subsequently clarified
in United India Insurance Co. Ltd., v. Satinder Kaur
alias Satwinder Kaur and others reported in AIR
2020 SC 3076, appellants in MFA No.200919/2021 being
sons of deceased Bhimamma are entitled for Rs.40,000/-
each, aggregating Rs.80,000/- towards loss of parental
consortium and the appellant in MFA No.200936/2021
being husband of deceased Kalamma is entitled for
Rs.40,000/- towards loss of spousal consortium.
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17. Further, the appellants in both the appeals are
entitled for Rs.15,000/- towards loss of estate and
Rs.15,000/- towards funeral expenses.
18. That apart, in view of the law laid down by the
Hon'ble Apex Court in the case of Pranay Sethi (supra),
there shall be increment of 10% on the compensation
awarded under conventional heads.
19. Thus, the appellants in both the appeals are
held entitled for total compensation under various heads
as under:
In MFA No.200919/2021 (MVC No.35/2017)
Sl. Heads By By
No. Tribunal this Court
1 Loss of dependency Rs.6,72,000/- Rs.11,20,020/-
2 Loss of love and Rs.50,000/- -
affection
3 Loss of consortium Rs.50,000/- Rs.80,000/-
4 Loss of estate - Rs.15,000/-
5 Funeral expenses Rs.25,000/- Rs.15,000/-
6 Transportation of Rs.10,000/- -
dead body
Addition of 10% Rs.11,000/-
Total Rs.8,07,000/- Rs.12,41,000/-
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In MFA No.200936/2021 (MVC No.33/2017)
Sl. Heads By By
No. Tribunal this Court
1 Loss of dependency Rs.5,28,000/- Rs.7,74,400/-
2 Loss of love and Rs.50,000/- -
affection
3 Loss of consortium Rs.50,000/- Rs.40,000/-
4 Loss of estate - Rs.15,000/-
5 Funeral expenses Rs.25,000/- Rs.15,000/-
6 Transportation of Rs.10,000/- -
dead body
Addition of 10% Rs.7,000/-
Total Rs.6,63,000/- Rs.8,51,400/-
20. For the foregoing reasons, the following:
ORDER
a) Both the appeals are partly allowed.
b) The appellants/claimants in MFA
No.200919/2021 are held entitled for a total
compensation of Rs.12,41,000/- instead of
Rs.8,07,000/- awarded by the Tribunal with
interest at 6% per annum from the date of
claim petition till realization.
c) The appellant/claimant in MFA No.200936/2021
is held entitled for a total compensation of
Rs.8,51,400/- instead of Rs.6,63,000/-
awarded by the Tribunal with interest at 6% per
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annum from the date of claim petition till
realization.
d) Respondent No.2 - Insurance Company shall
deposit the aforesaid compensation amount
within a period eight weeks from the date of
receipt of certified copy of this judgment.
e) The awards of the Tribunal are modified
accordingly.
Sd/-
JUDGE
LG
