Karnataka High Court
Sri Basavaraj S/O Parashuramappa vs Santhosh S/O Basavaraj on 10 April, 2024
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NC: 2024:KHC-D:6316
MFA No. 104836 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 104836 OF 2023 (MV-D)
BETWEEN:
1. SRI BASAVARAJ S/O PARASHURAMAPPA
AGE 55 YEARS, OCC: NIL
2. RAGHUKUMAR S/O BASAVARAJ
AGE 27 YEARS, OCC. COOLIE
BOTH ARE R/O TALAGUNDA, TQ. SORABA, DIST.
SHIVAMOGGA, NOW AT DASANKOPPA,
TQ. SIRSI, DIST. U.K. 581358
...APPELLANTS
(BY SRI. HARISH S MAIGUR, ADVOCATE)
AND:
1. SANTHOSH S/O BASAVARAJ
AGE MAJOR, OCC. BUSINESS
R/O TALAGUND VILLAGE, POST. JADE,
TQ. SORABA, DIST. SHIVAMOGGA 577419
Digitally
signed by 2. THE DIVISIONAL MANAGER
JAGADISH T R
Location: THE NEW INDIA ASSURANCE CO. LTD.,
HIGH COURT
OF
KALABURGI BHADRAPUR INFINITY
KARNATAKA 2ND FLOOR, PINTO ROAD, NEAR RAILWAY STATION,
HUBBALLI 580020
...RESPONDENTS
(BY SRI.N.R.KUPPELUR, ADVOCATE FOR R2) (R1-SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
01.09.2023 PASSED IN MVC NO.357/2020 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND ADDL. MACT, SIRSI AT UTTARA
KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:6316
MFA No. 104836 of 2023
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, with the
consent of the 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 01.09.2023 passed in
MVC.No.357/2020 by the Senior Civil Judge & Member
Addl. MACT., Sirsi (for short, 'Tribunal').
3. Heard Sri.Harish S.Maigur, learned counsel
appearing for the appellants/claimants and
Sri.N.R.Kuppellur, learned counsel appearing for the
respondent No.2/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.10,000/- per month which is contrary to
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the material available on record and seeks to reassess the
same placing reliance on the notional income chart
prepared by the Karnataka State Legal Services Authority.
He submits that the award of compensation by the
Tribunal on all the other heads is also on the lower side
and the same are required to be re-determined. Thus, he
seeks to allow the appeal.
5. Per contra, learned counsel appearing for
respondent No.2 /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 for the parties. Meticulously perused the material
available on record.
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7. It is not in dispute that in a road accident dated
25.08.2020 Smt.Manjamma who was aged about 44 years
succumbed to the injuries sustained by her in the said
accident. Admittedly, the claimants have not placed any
evidence with regard to the income of the deceased
Manjamma. In the absence of any evidence with regard to
the income of the deceased, this Court normally relies on
the notional income chart prepared by the Karnataka State
Legal Services Authority and placing reliance on the said
chart, this Court assesses the notional income of the
deceased at Rs.13,750/- per month for the purpose of
determination of compensation. There is no dispute with
regard to the entitlement of future prospects of the
deceased, multiplier and the deduction towards personal
and living expenses of the deceased. Thus, the claimants
would be entitled to modified compensation on the head of
loss of dependency as under:
Rs.13,750 + 25% x 12 x 14 x 2/3 = Rs.19,25,000/-
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8. The appellants being the husband and son of
the deceased are entitled to Rs.44,000/- each under the
head of loss of consortium. The appellants are also entitled
to Rs.16,500/- under the heads of 'loss of estate' and
Rs.16,500/- under the head of 'transportation of dead
body and funeral expenses'.
9. Insofar as the award of compensation under the
head of medical expenses is concerned, the same is
unaltered. Thus, the claimants would be entitled to
modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 19,25,000/-
Towards medical expenses 6,404/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Filial consortium (Rs.44,000 X 2 88,000/-
dependants)
Total 20,52,404/-
Thus, the claimants would be entitled to total
compensation of Rs.20,52,404/- as against
Rs.14,71,404/- awarded by the Tribunal.
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10. 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.20,52,404/- as
against Rs.14,71,404/- awarded by the
Tribunal.
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 respondent No.2/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.
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f) Draw modified award accordingly.
Sd/-
JUDGE
RH
