Karnataka High Court
Mr Vishwanatha Moolya vs M/S Royal Sundaram Insruance Co.Ltd on 8 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14383
MFA No. 4936 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.4936 OF 2015(MV-D)
BETWEEN:
1. MR. VISHWANATHA MOOLYA
S/O LATE UGGAPPA MOOLYA,
AGED 48 YEARS,
2. SMT. YASHODA
W/O VISHWANATH MOOLYA,
AGED 45 YEARS,
3. SATHISH
S/O VISHWANATH MOOLYA,
AGED 17 YEARS,
MINOR REP. BY MR.VISHWANATHA MOOLYA,
ALL ARE RESIDING AT YENAJE HOUSE,
PERAJE VILLAGE BUDOLI POST,
BANTWAL TALUK, D.K.,
PRESENTLY R/AT "LAXMI NIVAS",
Digitally signed by
PREMCHANDRA M R MAROLI ROAD, PADIL,
Location: HIGH
COURT OF MANGALORE-575 002.
KARNATAKA ...APPELLANTS
(BY SRI. GURUPRASAD.B.R., ADVOCATE)
AND:
1. M/S. ROYAL SUNDARAM INSURANCE CO.LTD.,
CBO922, NO.145, BETWEEN 2ND AND 3RD STAGE,
KESARAMADU MAIN ROAD,
C.M.EXTENSION, KYATHASANDRA,
TUMKUR-572 102.
REPRESENTED BY ITS MANAGER.
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MFA No. 4936 of 2015
2. MR. C.PRAKASH
S/O CHANDRASHEKARAYYA,
AGED 50 YEARS,
R/O NO.61, C.M.EXTENSION,
KYATHASANDRA, TUMKUR-572 104.
...RESPONDENTS
(BY SRI. H.S.LINGARAJ., ADVOCATE FOR R1;
NOTICE TO R2-DISPENSED WITH V/O DATED:18.08.2017)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:07.11.2014
PASSED IN MVC NO.1442/2010 ON THE FILE OF THE II
ADDITIONAL DISTRICT & SESSIONS MEMBER, MACT-III, D.K.,
MANGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Guruprasad.B.R., learned counsel for the appellants
and Sri.H.S.Lingaraj., learned counsel for respondent No.1
have appeared in person.
2. For the sake of convenience, the parties are
referred to as per their status and ranking before the
Tribunal.
3. The claimants filed claim petition under Section
163(A) of the Motor Vehicles Act, 1988 seeking
compensation and urged several contentions. In response to
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the notice, the respondents appeared through their counsel
and filed written statement denying the petition averments.
Among other grounds they prayed for dismissal of the
petition.
Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:07.11.2014 allowed the
petition in part. The claimants have assailed the Judgment of
the Tribunal in this appeal on several grounds as set-out in
the memorandum of appeal.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal
papers and also the records with utmost care.
5. The point that requires consideration is whether
the Judgment of the Tribunal requires interference.
6. The Claimant's appeal is one for enhancement of
compensation. The grounds urged in the present appeal are
mainly relating to the meager compensation awarded under
different heads by the Tribunal. It is noticed that the Tribunal
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has awarded compensation of Rs.3,20,000/- (Rupees Three
Lakhs Twenty Thousand only). Suffice it to note that the
claim petition is filed under Section 163(A) of the Motor
Vehicles Act. It is contended that the deceased was earning a
sum of Rs.3,250/- (Rupees Three Thousand Two Hundred
and Fifty only) per month (Rs.3,250/- x 12 = 39,000/- per
annum). Hence, the income of the deceased must be taken
into consideration as Rs.39,000/- (Rupees Thirty Nine
Thousand) per annum. The age of the deceased was 19
years as on the date of accident. As per the Schedule, the
multiplier 16 is to be adopted. Hence, the amount towards
the loss of future income is as under:
CALCULATION OF LOSS OF FUTURE INCOME
39,000 divided by 3 = 13,000
39,000 - 13,000 = 26,000
26,000 X 16 = Rs.4,16,000/-. Rs.4,16,000/-
This Court deems it appropriate to award Rs.5,000/-
(Rupees Five Thousand only) towards funeral and obsequies
ceremonies.
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7. Accordingly, this Court re-determines the
compensation as under:-
1. Towards loss of future 4,16,000 Rs.4,16,000/-
income
2. Towards funeral and 5,000 Rs.5,000/-
obsequies
Total: Rs.4,21,000/-
(Less) Compensation awarded by the Rs.3,20,000/-
Tribunal:
Enhanced compensation awarded by Rs.1,01,000/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:07.11.2014
passed by the Court of the II Addl. District and
Sessions Judge and MACT-III, D.K., Mangalore in
M.V.C No.1442/2010 is modified to the extent
stated hereinabove.
2. The claimant is entitled for enhanced
compensation of Rs.1,01,000/- (Rupees One
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Lakh One Thousand only) with 6% interest per
annum from the date of the claim petition till the
date of realization.
3. The Insurance Company is directed to
deposit enhanced compensation amount along
with 6% interest within a period of two months
from the date of receipt of the certified copy of
this Judgment.
4. The Registry to draw the modified
award accordingly.
5. Office is directed to transmit the
original records to the concerned Tribunal
forthwith.
Sd/-
JUDGE
MRP
