Karnataka High Court
Smt. Neelamma W/O Shivappa Chigalli vs Mr. Venkateshappa S/O Nagappa on 7 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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MFA No. 101552 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. 101552 OF 2022 (MV-D)
BETWEEN:
1. SMT. NEELAMMA W/O SHIVAPPA CHIGALLI
AGE. 33 YEARS,
OCC. HOUSEHOLD WORK,
2. KUM CHETAN S/O SHIVAPPA CHIGALLI
AGE. 14 YEARS,
OCC. STUDENT,
3. KUM MANJUNATH S/O SHIVAPPA CHIGALLI
AGE. 11 YEARS,
OCC. STUDENT,
4. KUM. PRIYANKA D/O SHIVAPPA CHIGALLI
AGE. 7 YEARS,
OCC. STUDENT,
SHIVAKUMAR
APPELLANT NO.2 TO 4 BEING MINORS
HIREMATH R/BY THEIR NATURAL MOTHER AS MINOR GUARDIAN I.E.
Digitally signed by
SMT. NEELAMMA W/O. SHIVAPPA CHIGALLI
SHIVAKUMAR
HIREMATH
Date: 2023.12.14
10:15:00 +0530 5. SMT. NAGAMMA W/O. HAMMANNA CHIGALLI
AGE. 68 YEARS, OCC. NIL,
ALL ARE R/O. KYASANUR, CHIKKAUNSHI HOSUR
TQ.HANGAL, DIST. HAVERI
NOW AT DASANAKOPPA
TQ. SIRSI DIST. U.K. -581358
...APPELLANTS
(BY SRI. HARISH S MAIGUR, ADVOCATE)
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MFA No. 101552 of 2022
AND:
1. MR. VENKATESHAPPA S/O NAGAPPA
AGE. 51 YEARS, OCC. BUSINESS,
R/O. INAMMUTTALLI,
INAM AGRAHARA, MUCHADI
TQ. SHIKARIPURA,
DIST. SHIVAMOGGA-577428
2. THE AUTHORITISED SIGNATORY
MAGMA HDI GENERAL INSURANCE CO.LTD.,
2ND FLOOR, V.A.KALABURGI SQUARE
HALMARK BUILDING,
PINTO ROAD, DESAI CROSS,
HUBBALLI-580029
DIST. DHARWAD
...RESPONDENTS
(BY SRI.NAGARAJ C. KOLLOORI, ADVOCATE FOR R2;
R1 SERVED)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 24.01.2022 PASSED
IN MVC NO.559/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SIRSI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
VIJAYKUMAR A. PATIL, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants/appellants seeking
enhancement of the compensation against the Judgment and
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award dated 24.01.2022 passed in MVC No.559/2019 by the
Senior Civil Judge and Addl. MACT, Sirsi, (for short
hereinafter referred to as 'the tribunal').
2. Brief facts giving rise for filing of this appeal are
that, the claimant No.1 is the wife of one Shivappa S/o.
Hanumanthappa Chigalli (deceased), claimant Nos.2 to 4 are
the children of the deceased. It is averred that, on
19.06.2019, the husband of the claimant No.1 was riding his
motorcycle bearing registration No.KA-27-EM-1322 on the
left side of the Banavasi - Dasanakoppa road in a moderate
speed by following traffic rules and regulations. At about
04.00 p.m, when he reached Hebbatti cross, another
motorcycle bearing registration No.KA-15-W-3108 came
from opposite side with great speed and negligent manner,
endangering to the human life without following traffic rules,
dashed to the motorcycle of the deceased, resultantly, the
deceased sustained fatal injuries and died on the spot. The
claimants filed a claim petition before the Tribunal seeking
compensation. It is averred that, prior to the accident the
deceased Shivappa was hale and healthy and the claimant
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No.1 - wife, claimant Nos.2 to 4 - children and claimant No.5
being the mother of the deceased were entirely dependent
on his income. It is averred that, the deceased Shivappa was
working as Supervisor on Mason and earning Rs.35,000/- per
month. 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 compensation and sought for awarding compensation of
Rs.75,50,000/-.
3. On issuance of summons, the respondent No.2
appeared and filed written statement. In spite of service of
notice respondent No.1 did not appear and was placed
exparte. Respondent No.2 denied the averments of the
petition and contended that, due to the rash and negligent
riding of the motorcycle by the deceased himself, the
accident was caused. It is further contended that, the
deceased was not having valid and effective driving licence
at the time of the accident and also contended that, the
motorcycle of the deceased was not having valid insurance
and fitness certificate at the time of alleged accident. It is
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contended that, the accident did not occurred due to the
rash and negligent driving of the offending vehicle. Hence,
sought for dismissal of the claim petition.
4. The tribunal framed issues and recorded the
evidence of the parties. The claimant No.1 has examined
himself as P.W.1, got marked Ex.P.1 to Ex.P.15 and
respondents did not adduce any oral evidence and have not
marked any documents on their behalf. The tribunal on
appreciation of the material evidence on record, awarded
compensation of Rs.15,08,125/- along with 6% interest.
Being aggrieved by the same, the claimants are in appeal.
5. Learned counsel Sri. Harish S. Maigur appearing
for the claimants/appellants submits that, the tribunal has
committed an error in assessing the income of the deceased
at Rs.10,000/- per month. 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 Ram, reported in (2018) SCC 130 and
prayed for enhancement of the compensation.
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6. Per contra, learned counsel Sri. Nagaraj C.
Kolloori, appearing for the Insurance company supports the
impugned Judgment and award passed by the tribunal and
submits that the compensation awarded by the tribunal is
just and proper and prayed for dismissal of the appeal.
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 Shivappa Chigalli
succumbed to the injuries sustained in the road traffic
accident occurred on 19.06.2019 involving two motorcycles.
The contention of the appellant/claimants is that, the tribunal
has erred in assessing the income of the deceased at
Rs.10,000/- per month which is required to be accepted.
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Normally this Court and Lok Adalath assesses the income of
the victims placing reliance on the notional income chart
prepared by the Karnataka State Legal Services Authority. In
the instant case, the accident is of the year 2019 and hence,
as per the aforesaid chart, this Court assesses the income of
the deceased at Rs.13,250/- per month. The tribunal has
rightly added 25% 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 on the number of dependents of the deceased,
which do not call for any interference. Hence, the claimants
are entitled for the compensation under the head of loss of
dependency as under:
Rs.13,250/- + Rs.3,313/- (25%)= Rs.16,563/-
Rs.16,563/- (Rs.4,141/- i.e. 1/4th deduction) =
Rs.12,422/-
Rs.12,422/- X 12 X 15 = Rs.22,35,960/-
(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 settled law that, the
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wife, children and parents 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 tribunal has awarded Rs.75,000/- towards
loss of estate. As held by the Hon'ble Apex Court in the case
of National Insurance Company Limited Vs. Pranay
Sethi and others, reported in (2017) 16 SCC 680, the
claimants would be entitled to a sum of Rs.15,000/- towards
loss of estate. The tribunal has rightly awarded a sum of
Rs.15,000/- towards funeral expenses.
9. Thus, the claimants would be entitled for modified
compensation with interest at the rate of 6% per annum
from the date of petition till realization on the following
heads:
1 Loss of dependency Rs.22,35,960/-
2 Loss of estate Rs.15,000/-
3 Towards funeral expenses Rs.15,000/-
4 Loss of consortium Rs.2,00,000/-
Total Rs.24,65,960/-
Compensation awarded by the tribunal Rs.15,08,125/-
Enhanced compensation Rs.9,57,835/-
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10. In view of the aforementioned, we pass the
following:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated 24.01.2022
passed in MVC No.559/2019 by the Senior
Civil Judge and Addl. MACT, Sirsi, is modified
to the extent that the claimants would be
entitled to total compensation of
Rs.24,65,960/- as against Rs.15,08,125/-
awarded by the Tribunal.
iii. The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till date of payment.
iv. Respondent/Insurance company shall deposit
the enhanced compensation amount along
with accrued interest before the Tribunal
within a period of six weeks from the date of
receipt of certified copy of this judgment.
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v. Apportionment, deposit and disbursement of
the enhanced compensation amount shall be
made as per the award of the Tribunal.
vi. Registry to transmit the records to the
Tribunal forthwith.
vii. Draw modified award accordingly.
viii. No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
Svh/-
