Karnataka High Court
Eshwari vs Yogesha on 27 October, 2023
Bench: K.Somashekar, Rajesh Rai K
-1-
NC: 2023:KHC:38192-DB
MFA No. 300 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
MISCELLANEOUS FIRST APPEAL NO. 300 OF 2023 (MV-D)
BETWEEN:
1. ESHWARI,
W/O DODDAIAH,
AGED ABOUT 40 YEARS,
2. PREMA H.D,
D/O DODDAIAH
AGED ABOUT 19 YEARS,
3. DODDAIAH,
S/O LATE AMASE,
AGED ABOUT 55 YEARS,
Digitally signed
by VINUTHA M ALL ARE R/AT HAMPAPURA VILLAGE,
Location: HIGH HOSA AGRAHARA, K.R NAGARA TQ,
COURT OF MYSURU DISTRICT-571 601.
KARNATAKA
...APPELLANTS
(BY SRI. SYED ABDUL SABOOR, ADVOCATE)
AND:
1. YOGESHA,
S/O MAHADEVAPPA,
AGED ABOUT 55 YEARS,
R/AT KALYANAPURA VILLAGE,
ARJUNAHALLI POST,
K.R. NAGAR TQ,
MYSURU DISTRICT-571 601.
-2-
NC: 2023:KHC:38192-DB
MFA No. 300 of 2023
2. THE MANAGER,
ICICI LOMBARD INSURANCE CO,
R/AT MYTHRI ARCADE BUILDING,
IST MAIN ROAD,
SARASWATHIPURAM,
MYSURU-570 009.
...RESPONDENTS
(BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R2;
VIDE ORDER DATED 17.02.2023, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.03.09.2022 PASSED IN MVC
NO.658/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, MACT, MYSURU, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
RAJESH RAI K, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants' challenging the
judgment and award dated 03.09.2022 passed by the II
Additional District and Sessions Judge and MACT, Mysuru in
MVC No.658/2019 (hereinafter referred to as the 'Tribunal').
2. We have heard the learned counsel for the
appellants and the learned counsel appearing for respondent
No.2-insurance company and perused the materials on record.
3. The appellants/claimants are the mother, sister and
father of deceased Suresh, who died in a road traffic accident
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MFA No. 300 of 2023
near old Railway Station on Mysuru - Hassan main road on
01.05.2019 at about 4.30 p.m. The Tribunal was pleased to
award a total compensation of Rs.17,99,336/- with interest at
6% per annum from the date of petition till realization.
4. The compensation awarded by the Tribunal under
different heads are as under:
Sl. Heads of compensation Amount
No.
1. Loss of income due to 16,89,366/-
dependency
2. Loss of filial Consortium 80,000/-
3. Loss of estate 15,000/-
4. Towards funeral expenses 15,000/-
and cost of transportation of
dead body
Total 17,99,336/-
5. The learned counsel for the appellants fairly submits
that though the Tribunal has awarded reasonable compensation
on different heads, but grossly erred in taking the monthly
income of the deceased at Rs.7,821/- instead of Rs.12,833/-
which is evident from the evidence of PW.2-employer of the
deceased.
6. We have gone through the judgment and award
passed by the Tribunal so also the trial Court records.
NC: 2023:KHC:38192-DB
MFA No. 300 of 2023
7. Having perused records, as rightly contended by the
learned counsel for the appellants, the Tribunal has erred in
taking the monthly income of the deceased at Rs.7,821/- per
month instead of Rs.12,833/-. Therefore, the monthly income
of the deceased would come to Rs.12,633/- after deducting
professional tax of Rs.200/- from Rs.12,833/-. As per the
judgment rendered in the case of NATIONAL INSURANCE
COMPANY LTD. vs. PRANAY SETHI, reported in (2017) 16
SCC 680, since the deceased was aged about 23 years at the
time of accident, 40% of the income will have to be added
towards future prospects. Hence, if 40% of Rs.12,633/- is
added towards future prospect i.e., Rs.5,053/-, the total
income of the deceased would be Rs.17,686/-. Since the
deceased was a bachelor, half of the income has to be deducted
towards his personal expenses, which comes to Rs.8,843/-. The
appropriate multiplier is '18'. Thus, loss of dependency would
be Rs.8,843 x 12 x 18 = Rs.19,10,088/-.
8. The compensation awarded by the Tribunal under
remaining heads are just and proper and therefore, there is no
scope for enhancement under these heads.
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MFA No. 300 of 2023
9. As per above discussion, the claimants are entitled
for the following amount of compensation under different
heads:
Sl. Heads of compensation Amount
No.
1. Loss of income due to 19,10,088/-
dependency
(Rs.8,843/- x 12 x 18)
2. Loss of filial Consortium 80,000/-
3. Loss of estate 15,000/-
4. Towards funeral expenses 15,000/-
and cost of transportation of
dead body
Total 20,20,088/-
Hence, the claimants are entitled for an enhanced
compensation of Rs.2,20,752/- (Rs.20,20,088 - Rs.17,99,336).
10. In view of the above, we pass the following:
ORDER
i) The appeal is partly allowed.
ii) The impugned judgment and award dated
03.09.2022 passed by the II Additional District
and Sessions Judge and MACT, Mysuru in MVC
No.658/2019 is modified.
iii) The claimants/appellants are entitled for a
total compensation of Rs.20,20,088/- as
against Rs.17,99,336/- awarded by the
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MFA No. 300 of 2023
Tribunal and, thus are entitled for an
enhanced compensation of Rs.2,20,752/- with
interest at the rate of 6% per annum from the
date of petition till payment on the enhanced
amount of compensation.
iv) Respondent No.2 is directed to deposit the
said amount within six weeks from the date of
receipt of copy of this order. The order passed
by the Tribunal pertaining to apportionment,
and deposit of the amount are kept intact.
Sd/-
JUDGE
Sd/-
JUDGE
VM
