Karnataka High Court
Smt.Huligemma W/O Late C. Anjinappa vs Sri.Huliraj @ Adwani Huliraj S/O Adwani ... on 8 April, 2024
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NC: 2024:KHC-D:6287
MFA No. 101167 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101167 OF 2020 (MV-D)
BETWEEN:
1. SMT. HULIGEMMA W/O. LATE C. ANJINAPPA,
AGE: 45 YEARS, OCC: HOUSE WIFE.
2. SRI. HONNURSWAMY S/O. LATE C. ANJINAPPA,
AGE: 26 YEARS, OCC: STUDENT.
3. SRI. C. RAMANJINEYA @ RAMANJINI
S/O. LATE C. ANJINAPPA,
AGE: 22 YEARS, OCC: STUDENT.
4. MINOR C. A. KAVYANJALI D/O. LATE C. ANJINAPPA,
AGE: 16 YEARS, OCC: STUDENT,
Digitally signed by ALL ARE R/O. 3RD WARD, BOMMAGATTA VILLAGE,
JAGADISH T R
Location: HIGH TQ: SANDUR, DIST: BALLARI-573215.
COURT OF
KARNATAKA NOTE: THE APPELLANT NO.4 IS THE MINOR
REPRESENTED BY HER MOTHER AS NATURAL
GUARDIAN APPELLANT NO.1, SMT. HULIGEMMA.
...APPELLANTS
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. SRI.HULIRAJ @ ADWANI HULIRAJ
S/O. ADWANI MUKKANNA,
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NC: 2024:KHC-D:6287
MFA No. 101167 of 2020
AGE: 33 YEARS, OCC: DRIVER OF LORRY
BEARING REG. NO.KA-35/B-3954,
R/O. BOMMAGATTA VILLAGE, SANDUR TALUK,
DIST: BALLARI-573215.
2. SRI. N. HULIKUTAPPA S/O. NANDALAPPA,
AGE: 43 YEARS, OCC: OWNER OF LORRY
BEARING REG. NO.KA-35/B-3954
R/O. H.NO.54, WARD NO.3, MOBBATAGGA VILLAGE,
SANDUR TALUK, DIST: BALLARI-573215.
3. M/S. UNITED INDIA INSURANCE CO. LTD,
BY ITS DIVISIONAL MANAGER,
MAIN ROAD, PARVATHI NAGARA,
BALLARI, DIST: BALLARI-573217.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE
JUDGMENT AND AWARD PASSED BY THE COURT OF SENIOR CIVIL
JUDGE AND JMFC SANDUR, IN M.V.C NO.526/2017, DATED
20-07-2019, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6287
MFA No. 101167 of 2020
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up
for final disposal.
2. This appeal is filed by the claimants seeking for
enhancement of compensation being aggrieved by the
judgment and award dated 20.07.2019 passed in
MVC.No.526/2017 by the Senior Civil Judge & MACT-VI,
Sandur (for short, 'Tribunal').
3. Heard Sri.G.R.Turamari, learned counsel
appearing for the appellants/claimants and
Sri.N.R.Kuppelur, learned counsel appearing for the
respondent No.3/Insurance company.
4. Learned counsel appearing for the
appellants/claimants submits that the Tribunal has
committed grave error in assessing the income of the
deceased at Rs.9,000/- per month which is contrary to the
material on record. He further submits that the award of
NC: 2024:KHC-D:6287
compensation by the Tribunal on the other heads is also
on the lower side, hence, he submits that the
compensation awarded by the Tribunal is required to be
re-determined. Thus, he seeks to allow the appeal.
5. Per contra, learned counsel appearing for
respondent No.3/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the Tribunal taking note of the evidence
available on record, has awarded just and appropriate
compensation which does not call for any enhancement.
Thus, he seeks to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the parties. Meticulously perused the
material available on record.
7. In a road accident on 28.07.2017, one
Sri.Anjinappa sustained grievous injuries and later
succumbed to the injuries. The deceased Anjinappa was
aged about 54 years at the time of the accident.
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Admittedly, no evidence is placed on record by the
claimants with regard to the income of the deceased.
Hence, this Court reassesses the income of the deceased
notionally at Rs.10,250/- per month placing reliance on
the notional income chart prepared by the Karnataka State
Legal Services Authority. The deceased was aged 54 years
as on the date of the accident, the claimants are entitled
to 10% addition to the assessed income of the deceased
under the head of loss of future prospects of the deceased.
There is no dispute with regard to the multiplier as '11'
and deduction as 1/3rd. Thus, the claimants would be
entitled to modified compensation on the head of loss of
dependency as under:
Rs.10,250 + 10% x 12 x 11 x 2/3 = Rs.9,92,200/-
8. The appellants are also entitled for Rs.40,000/-
each under the head of loss of consortium. The appellants
are also entitled to Rs.15,000/- under the head of 'loss of
estate' and Rs.15,000/- under the head of 'transportation
of dead body and funeral expenses'. Thus, the claimants
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would be entitled to modified compensation on the
following heads:
Particulars Amount
(in Rs.)
Loss of dependency 9,92,200/-
Loss of estate 15,000/-
Funeral expenses 15,000/-
Filial consortium (Rs.40,000 X 4 1,60,000/-
dependants)
Total 11,82,200/-
Thus, the claimants would be entitled to total
compensation of Rs.11,82,200/- as against
Rs.9,86,600/- awarded by the Tribunal.
9. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants would be entitled to total
compensation of Rs.11,82,200/- as
against Rs.9,86,600/- awarded by the
Tribunal.
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c) The enhanced compensation amount shall
carry interest at the rate of 6% per
annum from the date of petition till the
date of payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with
accrued interest before the Tribunal within
a period of six weeks from the date of
receipt of certified copy of this judgment.
e) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
f) Registry to transmit the records, if any, to
the Tribunal, forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
