Karnataka High Court
Sri G Hemappa Reddy vs Sri G Thiyagarajan on 2 November, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:38989
MFA No. 4016 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 4016 OF 2020 (MV)
BETWEEN:
1. SRI G HEMAPPA REDDY
S/O GOVINDAPPA REDDY
AGED ABOUT 56 YEARS
R/AT BANUVALLI VILLAGE
KASABA HOBLI, HARIHARA TALUK
DAVANAGERE DISTRICT-577601.
2. SRI C H KESHAVA REDDY
S/O HEMAPPAREDDY
AGED ABOUT 33 YEARS
R/AT BANUVALLI VILLAGE
KASABA HOBLI, HARIHARA TALUK
DAVANAGERE DISTRICT-577601.
3. SRI C H RAMESH REDDY
Digitally signed
by S/O HEMAPPA REDDY
DHANALAKSHMI AGED ABOUT 28 YEARS
MURTHY
Location: High R/AT BANUVALLI VILLAGE
Court of KASABA HOBLI, HARIHARA TALUK
Karnataka
DAVANAGERE DISTRICT-577601.
4. SRI C H HANUMANTHA REDDY
S/O HEMAPPA REDDY
AGED ABOUT 26 YEARS
R/AT BANUVALLI VILLAGE
KASABA HOBLI,HARIHARA TALUK
DAVANAGERE DISTRICT-577601. ...APPELLANTS
(BY SMT. ASHIKA G., ADVOCATE FOR
SRI. SIDDAMALLAPPA P.M., ADVOCATE)
-2-
NC: 2023:KHC:38989
MFA No. 4016 of 2020
AND:
1. SRI G THIYAGARAJAN
S/O GOPALAKRISHNAN
MAJOR, R/AT NO.36
PARIPOORNA ESTATE
KOVAIPUDHUR, COIMBATORE-641042.
2. UNITED INDIA INSURANCE COMPANY LIMITED
NO.25, FIRST FLOOR
SANKARANARAYANA BUILDING
M G ROAD, BANGALORE
AND ALSO AT
NO.5/160 (2) RAJESWARI COMPLEX
PALAKKAD MAIN ROAD
ETTIMADAI PIRIVU
COIMBATORE-641105 ...RESPONDENTS
(BY SRI.K.NAGARAJAIAH., ADVOCATE FOR R2:
NOTICE TO R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:29.06.2018
PASSED IN MVC NO.1001/2017 ON THE FILE OF THE
MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, BENGALURU SCH-14, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimants being aggrieved by
the judgment dated 29.06.2018 passed by the Motor
NC: 2023:KHC:38989
MFA No. 4016 of 2020
Accident Claims Tribunal, (for short 'the Tribunal') in MVC
No.1001/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 01.12.2015 at about 5.15 a.m. the
deceased was crossing the road at pedestrian crossing on
Bengaluru - Hosur main road, NH-7 towards Hosur side.
At that time, a motorcycle bearing registration No. TN-
37/CD-8652 which was being driven in a rash and
negligent manner, dashed against the deceased. As a
result of the aforesaid accident, the deceased fell down,
sustained grievous injuries and succumbed to the injuries
at the hospital.
3. The claimants filed a petition under Section 166
of the Act seeking compensation for the death of the
deceased along with interest.
4. On service of summons, the respondent No.2
appeared through counsel and filed written statement in
which the averments made in the petition were denied.
The age, occupation and income of the deceased are
denied. It was further pleaded that the rider of the
NC: 2023:KHC:38989
MFA No. 4016 of 2020
offending vehicle did not possess valid driving licence as
on the date of the accident. It was further pleaded that
the liability is subject to terms and conditions of the policy.
It was further pleaded that the quantum of compensation
claimed by the claimants is exorbitant. Hence, he sought
for dismissal of the petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimants, in order to prove their case,
examined claimant No.1 as PW-1 and got exhibited
documents namely Ex.P1 to Ex.P7. On behalf of
respondents, neither any witness was examined nor got
exhibited documents. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent riding of the
offending vehicle by its rider, as a result of which, the
deceased sustained injuries and succumbed to the injuries.
The Tribunal further held that the claimants are entitled to
a compensation of Rs.5,06,000/- along with interest at the
rate of 9% p.a. and directed the Insurance Company to
NC: 2023:KHC:38989
MFA No. 4016 of 2020
deposit the compensation amount along with interest.
Being not satisfied, this appeal has been filed.
6. The learned counsel for the claimants has
raised the following contentions:
(i) Firstly, the claimants claim that at the time of the
accident the deceased was doing milk vending and
vegetable vending and was earning Rs.10,000/- per
month. But the Tribunal is not justified in taking the
monthly income of the deceased as only Rs.6,000/-.
(ii) Secondly, since there are four dependents, the
Tribunal ought to have deducted 1/4th towards personal
expenses of the deceased instead of deducting 50%. The
same is contrary to the decision of Apex Court in the case
of SARLA VERMA AND OTHERS -V- DELHI
TRANSPORT CORPORATION AND ANOTHER reported
in (2009) 6 SCC 121.
(iii) Thirdly, as per the judgment of the Apex Court in
the case of MAGMA GENERAL INSURANCE CO. LTD. -
V- NANU RAM reported in 2018 ACJ 2782, each of the
NC: 2023:KHC:38989
MFA No. 4016 of 2020
claimants are entitled for compensation under the head of
'loss of love and affection and consortium'. Hence, he
prays for allowing the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has raised the following contentions:
(i) Firstly, even though the claimants claim that the
deceased was earning Rs.10,000/- per month, the same is
not established by the claimants by producing documents.
Therefore, the Tribunal has rightly assessed the income of
the deceased notionally.
(ii) Secondly, since the claimants have not
established the income of the deceased, they are not
entitled for addition of future prospects.
(iii) Thirdly, since the claimant Nos. 2 to 4 are majors
and they are not depending upon the income of the
deceased, the Tribunal rightly deducted 50% towards
personal expenses of the deceased.
NC: 2023:KHC:38989
MFA No. 4016 of 2020
(iv) Fourthly, considering the age and avocation of
the deceased, the compensation awarded by the Tribunal
is just and reasonable.
(v) Fifthly, in view of the Division Bench decision of
this Court in the case of MS.JOYEETA BOSE AND
OTHERS vs. VENKATESHAN.V AND OTHERS (MFA
5896/2018 and connected matters disposed of on
24.8.2020), the interest granted by the Tribunal at the
rate of 9% p.a. is on the higher side. Hence, he prays for
dismissal of the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award and original records.
9. It is not in dispute that Sharadamma died in the
road traffic accident occurred on 01.12.2015 due to rash
and negligent riding of the motorcycle bearing registration
No.TN-37/CD-8652 by its rider.
10. The claimants have not produced any evidence or
documents with regard to the income of the deceased.
Therefore, the notional income has to be assessed as per
NC: 2023:KHC:38989
MFA No. 4016 of 2020
the guidelines issued by the Karnataka State Legal
Services Authority. Since the accident has taken place in
the year 2015, the notional income has to be taken at
Rs.9,000/- p.m. To the aforesaid amount, the Tribunal
has rightly considered addition of 10% on account of
future prospects in view of the law laid down by the
Constitution Bench of the Supreme Court in NATIONAL
INSURANCE CO. LTD. -v- PRANAY SETHI AND
OTHERS reported in AIR 2017 SC 5157. Thus, the
monthly income comes to Rs.9,900/-. Even though there
are four claimants, claimant Nos. 1 and 3 were residing
with the deceased and they were entirely depending upon
the income of the deceased. Therefore, 1/3rd has to be
deducted towards personal expenses of the deceased
instead of 50% deducted by the Tribunal and therefore,
the monthly income comes to Rs.6,600/-. The deceased
was aged about 52 years at the time of the accident and
multiplier applicable to her age group is '11'. Thus, the
claimants are entitled to compensation of Rs.8,71,200/-
(Rs.6,600*12*11) on account of 'loss of dependency'. In
NC: 2023:KHC:38989
MFA No. 4016 of 2020
addition, the claimants are entitled to Rs.15,000/- on
account of 'loss of estate' and Rs.15,000/- on account of
'funeral expenses'. In view of the law laid down by the
Supreme Court in MAGMA GENERAL INSURANCE
(supra), the claimants are entitled for compensation of
Rs.40,000/- each under the head of 'loss of consortium'.
11. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 8,71,200
Funeral expenses 15,000
Loss of estate 15,000
Loss of spousal 40,000
consortium
Loss of Parental 1,20,000
consortium
Total 10,61,200
12. In view of the above, I pass the following order:
(i) The appeal is allowed in part.
- 10 -
NC: 2023:KHC:38989
MFA No. 4016 of 2020
(ii) The judgment of the claims Tribunal is modified.
The claimants are entitled to a total compensation of
Rs.10,61,200/- in place of Rs.5,06,000/- awarded by the
Tribunal.
(iii) The Insurance Company is directed to deposit
the compensation amount along with interest from the
date of filing of the claim petition till the date of
realization, within a period of six weeks from the date of
receipt of copy of this judgment, excluding interest for the
delayed period of 545 days in filing the appeal.
(iv) The enhanced compensation carries interest @
6% p.a.
(v) All pending applications stand disposed of.
Sd/-
JUDGE
CM
