Karnataka High Court
Smt.Ningawwa W/O Ningappa ... vs The Divisional Controller on 2 January, 2023
Bench: Ravi V.Hosmani
-1-
MFA No. 100938 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 02ND DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI
MISCELLANEOUS FIRST APPEAL NO.100938 OF 2019 (MV-D)
BETWEEN:
SMT.NINGA WWA W/O NINGA PPA HADAPAD
AGE 48 Y EARS , OC C: HOUS EHOL D,
R/O: B ENNIHALLI , TQ: MU LG UND,
DIS T: GA DAG.
...PETI TIONER
(B Y S HR I CHA NDRASHEKHAR M. H OSAMA NI, A DVOCA TE)
AND:
1. THE DIV IS IONAL C ONTROL LER
NWKRTC, PALA BADAMI R OA D,
NEAR MUL GUND NAKA,
TQ a nd DIST: GA DAG-581117.
2. THE MANAG ING DIREC TOR
SEL F INS URA NC E FUND,
GOKUL R OA D, HUB BALLI-580020.
ANNAPURNA ...R ESPONDENTS
CHINNAPPA
DANDAGAL (B Y S HR I S . L . MA TTI., A DV OCAT E)
Digitally signed by
ANNAPURNA CHINNAPPA
DANDAGAL THIS MISC .FIRST APPEAL IS FILED UNDER S ECTI ON
Location: High court of
Karnataka, Dharwad
Bench, Dharwad
173(1) OF MOTOR VEH ICLES A CT, 1988, PRAY ING TO
Date: 2023.01.17 10:54:32
-0800 ALLOW THIS APPEAL B Y ENHA NC ING THE COMPENSATION
FROM Rs.6,84,000/- TO RS .15,00,000/- B Y MODIFYI NG
-2-
MFA No. 100938 of 2019
THE JUDGMENT AND AWAR D OF THE PRL. S ENIOR CIV IL
JU DGE A ND C JM., GA DAG A ND A MACT, GA DAG, DATED
19.05.2017 IN M.V.C.NO.81/2016, IN THE INTERES T OF
JUS TICE A ND EQU ITY.
THIS APPEA L COMI NG O N FOR ADMI SSION TH IS DA Y,
THE C OURT , DELIVER ED THE FOLLOWI NG:
JUDGMENT
Challenging the judgment and award dated
19.05.2017 passed by Prl. Senior Civil Judge and
CJM., Gadag (for short, 'tribunal') in MVC
No.81/2016, this appeal is filed by the claimant
seeking for enhancement of compensation.
2. Since this appeal was stated to be filed
on limited grounds, facts as are necessary for
disposal of appeal are narrated. In an accident
that occurred on 24.09.2015, Ningappa-claimant's
husband sustained grievous injuries, when driver
of KSRTC bus bearing Reg.No.KA26/F-668 drove it
in a rash and negligent manner and dashed it to
Ningappa, who was waiting for bus near Saloon
Shop of one B.S.Hadapad. Due to injuries
MFA No. 100938 of 2019
sustained, Ningappa died on spot. Claiming
compensation for same, claimant filed claim
petition under Section 166 of Motor Vehicles Act,
1988 (for short, 'M.V.Act').
3. On service of summons,
respondent/NWKRTC entered appearance and filed
objections by denying claim petition averments.
4. Thereafter issues were framed and
evidence recorded. Considering evidence tendered
by claimant, Tribunal held that accident occurred
due to rash and negligent driving of bus by its
driver and NWKRTC was liable to pay
compensation. Tribunal determined age of
deceased at 50 years and his monthly income at
Rs.6,000/- and awarded compensation as under:
1 Loss of Rs.6,24,000/-
dependency
2 Medical expenses Rs.20,000/-
3 Loss of estate Rs.10,000/-
MFA No. 100938 of 2019
4 Loss of love and Rs.20,000/-
affection
5 Loss of consortium Rs.10,000/-
Total Rs.6,84,000/-
5. Sri Chandrashekhar M. Hosamani, learned
counsel for claimant-appellant submitted that only
grounds on which appeal is filed are meager
assessment of monthly income of deceased and
failure to add future prospects. Elaborating same,
it was submitted that though accident occurred on
24.09.2015 and claimant had stated that monthly
income of deceased was Rs.15,000/-, Tribunal
considered meager income of deceased at
Rs.6,000/- which requires enhancement. It was
also submitted that Tribunal failed to add future
prospects as per decision of Hon'ble Supreme
Court in the case of National Insurance
Company Limited vs. Pranay Sethi and
others, reported in (2017) 16 Supreme Court
Cases 680. On above ground, learned counsel for
MFA No. 100938 of 2019
the appellant sought for enhancement of
compensation.
6. On the other hand, Shri S.L.Matti,
learned counsel for respondents-NWKRTC
submitted that claimant had failed to produce any
specific evidence regarding income of deceased. It
was in fact submitted that during deposition,
claimant had stated that income of deceased was
Rs.10,000/- and considering contradictory
evidence, assessment of compensation by Tribunal
was fully justified.
7. From above submission, occurrence of
accident due to rash and negligent driving of bus
by its driver and liability of insurer to pay
compensation is also not in dispute. As claimant is
seeking enhancement of compensation, point that
arises for consideration in this appeal is:
"Whether claimant is entitled for
enhancement as sought for?"
MFA No. 100938 of 2019
8. On perusal of impugned award, it is seen
that accident occurred on 24.09.2015. Deceased
was working as Barber and earning monthly
income of Rs.15,000/-. However, there is no
specific evidence produced to substantiate either
income or occupation. In absence of specific
evidence, same has to be assessed notionally. As
per norms adopted by Karnataka State Legal
Service Authority for settlement of cases before
Lok-Adalath, notional income for the year 2015 is
Rs.8,000/-. Therefore, Tribunal would not be
justified in considering it as Rs.6,000/-. Same has
to be taken at Rs.8,000/- instead. In so far as age
of deceased, Tribunal has considered it as
mentioned in Ex.P7 i.e., P.M. Report. In absence of
any contra evidence, same has to be considered.
Further, Hon'ble Supreme Court in case of Pranay
Sethi (supra), has held that in case of self
employed for age between 40 and 50 years, 25%
MFA No. 100938 of 2019
were required to be added towards future
prospects. Deduction towards personal expenses
would be 1/3 r d . Therefore, loss of dependency
would be as follows:
Rs.8,000/-(notional income) + 25%(future
prospects =Rs.10,000/-.
Rs.10,000/-x 12 (months) x 2/3 r d (deduction) x 13
(multiplier) = Rs.10,40,000/-.
9. As per decision of Hon'ble High Court in
case of Pranay Sethi case (Supra),
compensation towards loss of estate and funeral
expenses at Rs.15,000/- each which has to be
added apart from Rs.40,000/- towards filial
consortium. Thus, total enhanced compensation
would be Rs.11,10,000/- as against Rs.6,84,000/-
awarded by tribunal. Accordingly, point for
consideration is answered partly in the affirmative
as above.
10. In the result, I pass following:
MFA No. 100938 of 2019
ORDER
i) Appeal is allowed in part with cost.
ii) Judgment and award dated
19.05.2017, passed by Prl. Senior
Civil Judge and CJM, Gadag and
Addl. MACT Gadag, in MVC
No.81/2016 is modified.
iii) Claimant is entitled for a
compensation of Rs.11,10,000/-
with interest at 6% p.a. from the
date of petition till the date of
deposit.
iv) Insurer is directed to deposit
enhanced compensation within a
period of three months from the
date of receipt of a certified copy of
this judgment.
MFA No. 100938 of 2019
v) Entire award amount apportioned in
favour of claimant is ordered to be
kept in fixed deposit in any
Nationalised bank or postal deposit
and release as per the Tribunal
award.
Sd/-
JUDGE
AM
