Karnataka High Court
Smt. Pushpa W/O Basanagouda Karigoudra vs Sri. Mallappa S/O Devendrappa ... on 7 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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MFA No. 102360 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102360 OF 2022 (MV-D)
BETWEEN:
1. SMT. PUSHPA W/O BASANAGOUDA KARIGOUDRA
AGE. 31 YEARS, OCC. HOUSEHOLD,
2. KUMAR NAVEEN S/O BASANAGOUDA KARIGOUDRA
AGE. 15 YEARS, OCC. STUDENT,
3. KUMAR NANDEESH S/O BASANAGOUDA KARIGOUDRA
AGE. 14 YEARS, OCC. STUDENT,
APPELLANTS NO.2 & 3 ARE MINOR'S
R/BY, MINOR GUARDIAN, NATURAL
MOTHER APPELLANT NO.1
4. PUTTANAGOUDA S/O BASANAGOUDA KARIGOUDRA
AGE. 81 YEARS, OCC. NIL,
ALL ARE R/O:VARDI, TQ:HANGAL,
SHIVAKUMAR DIST: HAVERI-581148
HIREMATH
...APPELLANTS
Digitally signed by
(BY SRI. HARISH S MAIGUR, ADVOCATE)
SHIVAKUMAR
HIREMATH
Date: 2023.12.14 AND:
10:16:22 +0530
1. SRI. MALLAPPA S/O DEVENDRAPPA DANAPPANAVAR
AGE. 41 YEARS, OCC. BUSINESS,
R/O. HALE-SHINGAPUR
P/O. ADUR, TQ. HANGAL
DIST. HAVERI-581101
2. AUTHORIZED SIGNATORY
SRIRAM GENERAL INSURANCE COMPANY
CTS NO.477/1, M-1, 1ST FLOOR
V.A.KALABURGI HALLMARK BUILDING
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MFA No. 102360 of 2022
DESAI CROSS, PINTO ROAD,
HUBBALLI-580020
...RESPONDENTS
(BY SRI.NAGARAJ.C.KOLLOORI, ADVOCATE FOR R2; R1 NOTICE
HELD SUFFICIENT)
MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST
THE JUDGMENT AND AWARD DATED 05.10.2021 PASSED IN MVC
NO.744/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HANGAL, AT
HANGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants against the
judgment and award dated 05.10.2021 passed by the
Senior Civil Judge and AMACT, Hangal (hereinafter
referred to as 'the Tribunal') in MVC No.744/2020 seeking
for enhancement of compensation awarded by the
Tribunal.
2. Brief facts giving rise to filing of this appeal are
that on 13.09.2020 at 1.30 p.m., one Basanagouda was
proceeding on motorcycle bearing No.KA-27/EM-2336 on
Hangal-Haveri road. When he reached near the land of
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one Revanappa Parappanavar at Singapur village, one
Maxi cab bearing No.KA-27/A-6151 came from Haveri side
in a rash and negligent manner and dashed the said
Basanagouda. Due to the said impact, the said
Basanagouda sustained fatal injuries. Immediately he was
shifted to Government Hospital, Haveri and while
undergoing treatment, he succumbed to the injuries. The
claimants filed a claim petition before the Tribunal seeking
compensation. It is averred that the claimants spent a
sum of Rs.1,00,000/- for transportation of dead body and
funeral expenses. It is further averred that the deceased
was aged 36 years at the time of accident, doing
agriculture and vegetable vendor and was earning a sum
of Rs.40,000/- p.m. It is also averred that the deceased
was the only bread earner of the family and the
respondents being the owner and insurer of the offending
vehicle are liable to pay the claimed compensation and
sought for awarding compensation of Rs.83,00,000/-.
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3. The respondents entered appearance before the
Tribunal and filed their objections. Respondent No.1
denied the contents of para Nos.1 to 22 of the claim
petition. He contended that the offending vehicle was
insured as on the date of accident and prayed for dismissal
of the petition. Respondent No.2 contended that the owner
handed over the vehicle in favour of respondent No.1 who
is the driver knowing fully well that he was not having
valid driving licence. It is further contended that the
accident did not occur due to rash and negligent driving of
the offending vehicle. Hence, sought for dismissal of the
claim petition.
4. The Tribunal framed the issues and recorded
the evidence of the parties. The claimant No.1 has
examined herself as PW-1, got marked Exs.P-1 to P-5 and
respondents did not adduce any oral evidence and with
consent marked Ex.R.1. The Tribunal on appreciation of
the material evidence on record, awarded compensation of
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Rs.23,38,000/- along with 6% p.a. interest. Being
aggrieved by the same, the claimants are in appeal.
5. Learned counsel Sri Harish S. Maigur for the
appellants submits that the Tribunal has committed an
error in assessing the income of the deceased at
Rs.12,000/- p.m. He further submits that the tribunal has
not awarded the compensation towards loss of consortium
as per the law laid down by the Hon'ble Supreme Court in
the case of Magma General Insurance Company
Limited Vs Nanu Ram1 and prayed for enhancement of
compensation.
6. Per contra, learned counsel Sri Nagaraj C.
Kolloori supports the impugned judgment and award
of the tribunal and submits that the compensation
awarded by the Tribunal is just and proper and prays
for dismissal of the appeal.
(2018) SCC 130
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7. Having heard the learned counsel for the
appellants/claimants, learned counsel for the respondent
No.2, perused the memorandum of appeal and Tribunal
records. The point that arises for consideration in these
appeals is:
"Whether the appellants are entitled for the
higher compensation?"
8. The answer to the above point is in the
affirmative for the following reasons:
(a) It is not in dispute that one Basanagouda succumbed
to the injuries sustained in the road traffic accident
occurred on 13.09.2020 involving a motorcycle
bearing No.KA-27/EM-2336 and a maxi cab bearing
No.KA-27/A-6151. The contention of the
appellant/claimants is that the Tribunal has erred in
assessing the income of the deceased at Rs.12,000/-
p.m. which is required to be accepted. Normally this
Court and Lok Adalath assess the income of the
victim basing reliance on the notional income chart
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prepared by the Karnataka State Legal Services
Authority. In the instant case, the accident is of the
year 2020 and hence, as per the aforesaid chart, this
Court assesses the income of the deceased at
Rs.13,750/- p.m. However, the Tribunal has rightly
added 40% to the assessed income towards loss of
future prospects. Further, the tribunal has adopted
the multiplier of 15 based on the age of the deceased
and deducted 1/4th towards personal and living
expenses of the deceased based on the number of
dependants of the deceased, which do not call for
any interference. Hence, the claimants are entitled
for compensation under the head loss of dependency
as under:
Rs.13,750+5,500 (40% of Rs.8750/-) = 19,250/-
Rs.19,250-4,812 (1/4th of Rs.19,250/-) = 14,438/-
Rs.14,438 x 12 x 15 = 25,98,840/-
(b) The Tribunal has awarded a sum of Rs.40,000/-
towards loss of consortium only to the claimant No.1
who is the wife of the deceased. However, it is
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settled law that the wife and children of the deceased
would be entitled to Rs.40,000/- each towards
spousal, filial and parental consortium as held by the
Hon'ble Apex Court in the case of Magma General
Insurance Company Limited referred supra.
(c) The compensation awarded by the Tribunal towards
loss of estate and towards funeral expenses is just
and proper and does not call for any interference.
9. Thus, the claimants would be entitled for
modified compensation with interest at the rate of 8.6%
p.a from the date of petition till the realization on the
following heads:
Sl.No. Particulars Amount
1. Loss of dependency Rs.25,98,840/-
2. Loss of estate Rs.15,000/-
3. Funeral expenses and Rs.15,000/-
transportation of dead body
3. Loss of consortium Rs.1,60,000
(Rs.40,000 x 4)
Total Rs.27,88,840/-
10. In view of the aforementioned, we pass the
following:
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ORDER
(i) The appeal is allowed in part.
(ii) The judgment and award dated
05.10.2021 passed by the Senior Civil
Judge and AMACT, Hangal in MVC
No.744/2020 is modified and the
claimants are entitled to total
compensation Rs.27,88,840/- as
against Rs.23,38,000/- awarded by the
Tribunal with interest at the rate of 6%
per annum from the date of claim
petition till date of realization.
(iii) The respondent-Insurance Company
shall deposit the enhanced compensation
amount with accrued interest before the
Tribunal within six weeks from the date
of receipt of certified copy of this
judgment.
(iv) Apportionment, deposit and
disbursement of the enhanced
compensation shall be made as per the
award of the Tribunal.
(v) Draw modified award accordingly.
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(vi) Registry to transmit the records to the
Tribunal forthwith.
(vii) No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
NAA
