Karnataka High Court
Mallaiah vs The Branch Manager on 16 June, 2023
Bench: T G Gowda
MFA.NO.5994/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA
MISCELLANEOUS FIRST APPEALNO.5994 of 2017(MV-D)
BETWEEN:
1. MALLAIAH S/O.GUDEBASABA
AGED ABOUT58 YEARS.
2. BASAVARAJU M. S/O.MALLAIAH
AGED ABOUT 32 YEARS.
BOTH ARE R/O. BACHANAHALLI
VILLAGE, MALLAVALLI TALUK
MANDYA DISTRICT-571 430. ...APPELLANTS
(BY SMT.B.L.ASHA, ADVOCATE)
AND:
1. THE BRANCH MANAGER
UNITED INDIA INS.CO.LT.
NO.1119/B, ASHOKNAGARA
MANDYA-571 401.
2. SHIVAMALLU N. S/O.NAGAIAH
R/O.NO.700, SC STREET
KOLLEGALA TALUK
CHAMARAJANAGARA
DISTRICT-571 440. ...RESPONDENTS
(BY SRI.S.V.HEGDE MULKHAND, ADVOCATE FOR R1
R2 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 27.01.2017
PASSED IN MVC NO.351/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE
MFA.NO.5994/2017
2
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,
THIS MFA HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.06.2023 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 ('the Act' in short), is filed by the
petitioners against the judgment and award dated
27.01.2017 passed in M.V.C.No.351/2016 by the
Senior Civil Judge and M.A.C.T. at Malavalli ('the
Tribunal' in short).
2. Appellants herein were the petitioners and
respondent No.1 herein was respondent No.2 and
respondent No.2 was respondent No.1 before the
Tribunal. For the sake of convenience, the rank of the
parties will be referred to as per their status before
the Tribunal.
3. Brief facts as pleaded by the petitioners is
that, one Mahadevaswamy ('the deceased' in short)
MFA.NO.5994/2017
was the son of petitioner No.1 and brother of
petitioner No.2. On 31.12.2015, the deceased was
riding the motor cycle bearing No.KA-10/Q-5660 as a
pillion rider raided by one Vijendrakumar from
Bangalore to their village Kunagalli on Malavalli-
Kollegala Road. At about 7.00 p.m., near Rottikatte
besides the land of one Balu, a stray dog came across
the motor cycle, due to which, they fell down and the
deceased sustained grievous injuries and succumbed
at the spot itself. Hence, the petitioners have
approached the Tribunal under Section 163A of the
Act on the grounds that the deceased was aged 29
years, working in a private firm earning Rs.3,500/-
per month and for grant of Rs.7,50,000/- as
compensation. The claim was opposed by the
respondents.
4. Before the Tribunal, father of the deceased
was examined himself as PW-1 and 7 documents
came to be marked as Exs.P1 to P7. On behalf of the
MFA.NO.5994/2017
2nd respondent, its officer was examined as RW-1 and
one document came to be marked as Ex.R1. By the
impugned judgment, the Tribunal has awarded
compensation of Rs.1,94,000/- with interest @ 8%
per annum. Seeking enhancement of compensation,
the petitioners have filed this appeal on various
heads.
5. I have heard the arguments of Smt.B.L.Asha,
learned counsel for the petitioners and Sri.S.V.Hegde
Mulkhand, learned counsel for respondent
No.1/insurer. Respondent No.2 is served and
unrepresented.
6. It is the contention of the learned counsel for
the petitioners that the deceased was a bachelor,
aged 29 years, working in a private firm earning
Rs.3,500/- per month. The Tribunal has assessed the
income at Rs.3,000/-, instead of taking the age of the
deceased, it has taken the age of the father at 57 and
MFA.NO.5994/2017
applied the multiplier of '8' and sought for
enhancement of compensation.
7. Per contra, learned counsel for the Insurer
has contended that the deceased was a bachelor and
there is no proof of income, having regard to the
accident of the year 2015, the Tribunal has rightly
assessed the income at Rs.3,000/-, correctly applied
the multiplier and sought for dismissal of the appeal.
8. I have given my anxious consideration to the
arguments advanced on both sides and also perused
the materials on record.
9. There is no dispute as to the accident, cause
of accident, injuries sustained by the deceased,
treatment provided and death occurred on account of
the accidental injuries. As the records point out, the
deceased was aged 29 years on the date of accident
and the multiplier applicable is '18'. The Tribunal
ought to have taken the income of Rs.40,000/- per
annum. Under the provisions of Section 163-A of the
MFA.NO.5994/2017
Act, the deduction towards personal expenses of a
bachelor shall not be more than 1/3rd, as laid down in
the judgment in National Insurance Co.Ltd. -vs-
Chhabirani Samanth and Another 1, which is
referred to by the Tribunal. If 1/3rd is excluded
towards personal expenses, the income comes to
Rs.26,667/-. The Tribunal is not justified in adopting
multiplier on the basis of age of father instead of the
deceased. Hence, having regard to the age of the
deceased at 29 years, the applicable multiplier is 18.
If it is multiplied by '18', it comes to Rs.4,80,000/-.
Towards funeral expenses Rs.2,000/- and loss of
estate at Rs.2,500/- is added, it comes to
Rs.4,84,500/- as against Rs.1,94,000/- awarded by
the Tribunal, thereby the petitioners are entitled to
enhanced compensation of Rs.2,90,500/-, it is just
and adequate compensation in the facts and
circumstances of the case. Accordingly, the appeal
deserves to be allowed.
2015 ACJ 1721
MFA.NO.5994/2017
In the result, the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment is modified
accordingly.
(iii) The appellants/petitioners would be entitled
for enhanced compensation of Rs.2,90,500/-
along with interest at the rate of 6% per annum
on the enhanced compensation from the date of
petition till its realization.
(iv) The first respondent/insurer is directed to
satisfy the award within a period of eight weeks
from the date of receipt of a certified copy of
this judgment.
(v) The amount in deposit, if any, shall be
transmitted to the Tribunal along with records
forthwith.
Sd/-
JUDGE
KNM/-
