Karnataka High Court
The Divisional Manager vs Sri Hanumanthappa on 6 January, 2023
Bench: M.I.Arun
-1-
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO.4435 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.1075 OF 2019 (MV-D)
In MFA No.4435/2019
BETWEEN:
1. SRI HANUMANTHAPPA
S/O NAGAPPA
AGED ABOUT 57 YEARS
R/O GUNDERI VILLAGE
KASABA HOBLI, HOLALKERE TALUK
CHITRADURGA DISTRICT 577 226
Digitally signed
by V 2. SMT RATHNAMMA
MANJUSHA BAI
Location: High W/O HANUMANTHAPPA
Court of AGED ABOUT 48 YEARS
Karnataka
R/O GUNDERI VILLAGE
KASABA HOBLI, HOLALKERE TALUK
CHITRADURGA DISTRICT 577 226
...APPELLANTS
(BY SRI. SHIVAKUMARAPPA T C, ADVOCATE)
AND:
1. DEVARAJA
S/O NAGAPPA
AGED ABOUT 37 YEARS
R/O GUNDERI VILLAGE
HOLALKERE TALUK
CHITRADURGA DISTRICT 577526
-2-
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
OWNER OF THE VEHICLE
BEARING NO.KA-16/Q-3596
2. TATA AIG GENERAWL INSURANCE CO LTD
2ND FLOOR J P & DEVI JAMBUKEHWAR
ARCADE, 69 METERS ROAD
BANGALORE 560 052
3. CHANDRAPPA
S/O HULI NINGAPPA
R/O OBANAHALLY VILLAGE
SONDEKOLA KASABA
CHITRADURGA DITRICT 577 501
OWNER OF THE VEHICLE
BEARING NO.KA-16/TA-6727
4. THE DIVISIONAL MANGER
UNITED INDIA INSURANCE CO LTD
M M K COMPLEX
AKKAMAHADEVI ROAD
DAVANAGERE 577 002
...RESPONDENTS
(BY SRI. B.C.SEETHARAMA RAO, ADVOCATE FOR R4;
SRI. O.MAHESH, ADVOCATE FOR R2;
VIDE ORDER DATED 03.09.2021 NOTICE TO R3 D/W)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12.10.2018 PASSED IN MVC
NO.148/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
In MFA No.1075/2019
BETWEEN:
1. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE COMPANY LTD.,
-3-
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
NO.34/3, MMK COMPLEX,
AKKAMAHADEVI ROAD,
P J EXTENSION,
DAVANAGERE-577002.
REP BY ITS DIVISIONAL MANAGER,
SRI T NAGALINGACHARI.
...APPELLANT
(BY SRI. SEETHA RAMA RAO B C, ADVOCATE)
AND:
1. SRI HANUMANTHAPPA
AGED ABOUT 57 YEARS,
S/O NAGAPPA,
OCC:AGRICULTURIST,
R/OF GUNDERI VILLAGE,
KASABA HOBLI, HOLALKERE TALUK,
CHITRADURGA DISTRICT.
2. SMT RATHNAMMA
AGED ABOUT 50 YEARS,
W/O SRI HANUMANTHAPPA,
R/OF GUNDERI VILLAGE,
KASABA HOBLI, HOLALKERE TALUK,
CHITRADURGA DISTRICT.
3. SRI DEVARAJA
AGED ABOUT 37 YEARS,
S/O SRI NAGAPPA,
R/OF GUNDERI VILLAGE,
KASABA HOBLI,
HOLALKERE TALUK,
CHITRADURGA DISTRICT
(OWNER OF VEHICLE NO.KA.16/Q-3596),
4. TATA AIG GENERAL INSURANCE CO LTD
II FLOOR, J P & DEVI JAMBUKESHWAR ARCADE,
69 METERS ROAD, BANGALORE-560052
(POLICY NO.1064001/014020772/00000/01
VALID FROM 26/08/2015 TO 25/08/2016.
-4-
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
5. SRI CHANDRAPPA
AGED ABOUT 52 YEARS,
S/O HULI NINGAPPA,
R/OF OBANAHALLY VILLAGE,
SONDEKOLA KASABA, CHITRADURGA
(OWNER OF VEHICLE NO.KA 16-TA-67227)
...RESPONDENTS
(BY SRI. SHIVAKUMAR T.C., ADVOCATE FOR R1 & R2;
SRI. O.MAHESH, ADVOCATE FOR R4;
R3 AND R5 SERVED AND UNREPRESENTED)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12.10.2018 PASSED IN MVC
NO.148/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, HOLALKERE, AWARDING COMPENSATION OF
RS.9,39,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF
PETITION TILL DEPOSIT.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the judgment and award dated
12.10.2018 in M.V.C.No.148/2017 passed by Senior Civil
Judge and MACT, Holalkere, claimants therein have preferred
M.F.A.No.4435/2019 and respondent No.4-insurance
company has preferred M.F.A.No.1075/2019.
2. For the sake of convenience, the parties are referred to
as per their status before the Tribunal.
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
3. Petitioners are parents of the deceased. Deceased was
aged 23 years at the time of accident. On 03.06.2016 at
about 10.15 p.m., deceased Sri. Devaraja was travelling in a
TATA ACE super auto bearing registration No.KA-16/C-3596
from Chitradurga to Holalkere and the said vehicle met with
an accident on NH-13 near T.Nulenur Gate, Holalkere Taluk
with a tractor trailer bearing registration No.KA-16/T-6728.
Consequent to which, Sri. Devaraja unfortunately expired.
Hence, petitioners preferred MVC No.148/2017. Tribunal has
awarded a compensation of Rs.9,39,000/- with interest at
the rate of 6% p.a. from the date of petition before Tribunal
till deposit in favour of petitioners. But has concluded that
respondent No.1, owner of the TATA ACE super auto vehicle
is liable to pay 50% of the compensation amount and
respondent No.4-insurance company with whom the tractor
trailer was duly insured is liable to pay 50% of the
compensation amount. Not satisfied with the same,
petitioners have preferred MFA No.4435/2019 and
respondent No.4 on the ground that deduction for personal
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
expenses has been erroneously considered by the Tribunal
has preferred MFA No.1075/2019.
4. Parties in the course of arguments submit that they are
not questioning the liability as determined by the Tribunal
but they are limiting their arguments to quantum.
5. Accident happened in the year 2016 and the petitioners
have failed to prove the income of the deceased and hence,
as per the Lok Adalat chart income of the deceased has to be
considered at Rs.9,500/- per month. Deceased was aged 23
years at the time of accident and death and hence, multiplier
of 18 has to be adopted as per Sarla Verma (Smt) and
Others Vs. Delhi Transport Corporation and Another
reported in (2009) 6 SCC 121. Further, as per case of
National Insurance Co. Ltd. Vs. Pranay Sethi reported in
(2017) 16 SCC 680, 40% has to be added to the income as
future prospects and 50% has to be deducted towards
personal expenses of the deceased as he was a bachelor.
Tribunal has erroneously taken it as 1/3rd. Towards funeral
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
expenses and loss of estate, petitioners are entitled to
Rs.30,000/- and towards loss of consortium, each of the
petitioners are entitled to Rs.40,000/- there by a total of
Rs.80,000/-. Thus, compensation that the petitioners are
eligible are as follows:
Sl.
Heads Compensation
No.
1. Loss of dependency
((Rs.9,500/- X 12 X 18 + 40%) Rs.14,36,400/-
=28,72,800.00 - 50%)
Loss of estate and funeral
2. Rs.30,000/-
expenses
Loss of consortium
3. Rs.80,000/-
(Rs.40,000/- X 2)
Total Rs.15,46,400/-
Thus, petitioners are entitled to a sum of
Rs.15,46,400/- as against Rs.9,39,000/- awarded by the
Tribunal. Of the said amount, respondent No.4 is liable to
pay 50% along with due interest. Hence, the following:
ORDER
i) The appeals are allowed in part;
ii) The total compensation awarded by the
Tribunal is modified and petitioners are entitled
to enhanced compensation of Rs.6,07,400/-
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
over and above what has been already
awarded by the Tribunal along with interest at
the rate of 6% p.a. from the date of filing of
the petition before the Tribunal till the date of
realization;
iii) Respondent No.1 is liable to pay the petitioners
50% of compensation amount along with
interest at the rate of 6% p.a. from the date of
petition before Tribunal till realization;
iv) Respondent No.4 shall pay the remaining 50%
to the petitioners along with interest at the
rate of 6% p.a. from the date of filing of the
petition before the Tribunal till the date of
realization after deducting any amount already
paid/deposited in favour of the petitioners;
v) The compensation amount shall be paid within
a period of six weeks from the date of receipt
of certified copy of this order;
vi) Amount in deposit, if any, shall be transmitted
to Tribunal;
MFA No. 4435 of 2019
C/W MFA No. 1075 of 2019
vii) The portion of the order of the Tribunal
inasmuch as liability, apportionment and
disbursement remains intact;
viii) Draw modified award accordingly;
ix) Registry to return the records to the
jurisdictional Tribunal forthwith.
SD/-
JUDGE
PGG
