Karnataka High Court
D B Vanitha vs Balakrishna on 15 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14933
MFA No. 2223 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.2223 OF 2014(MV-D)
BETWEEN:
1. D.B.VANITHA
W/O LATE BOGGESH,
AGED ABOUT 44 YEARS,
2. D.B.KARTHICK
S/O LATE BOGESH,
AGED ABOUT 25 YEARS,
3. D.B.CHAITRA
D/O D.T.BOGESH,
AGED ABOUT 22 YEARS,
4. KUMARI GIRIJAMMA @ KURIJAMMA
D/O LATE D.THIPPESWAMY,
SISTER OF DECEASED BOGESH,
AGED ABOUT 40 YEARS,
Digitally signed by
THEJASKUMAR N
Location: HIGH ALL ARE R/O OF NO.558/1,
COURT OF SANJEEVANI, 2ND STAGE,
KARNATAKA
NEAR ANJINAIYA TEMPLE,
SHIVAKUMARASWAMY EXTENTION,
DAVANAGERE-577 004.
(NOTE: APPELLANTS ARE LR'S OF
DECEASED NAGARATHNAMMA)
...APPELLANTS
(BY SRI. HANUMANTHAPPA.A., ADVOCATE)
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MFA No. 2223 of 2014
AND:
1. BALAKRISHNA
S/O C. SUBBA,
AGED ABOUT 38 YEARS,
DRIVER OF CAR REG NO. KA-51/TR-2457,
R/O NO.165, R.S.MANGSON,
AMARAJOYTHI LAYOUT,
BANGALORE-566 072.
2. PRITHVIRAJ DEEP CHAND JAIN
S/O DEEP CHAND,
AGED ABOUT 47 YEARS,
OWNER OF CAR REG. NO. KA-51/TR-2457,
R/AT NO. 48/2-124, B CROSS,
K.R.ROAD, KARESANDRA,
BANASHANKRI, 2ND STAGE,
BANGALORE-70.
3. THE MANAGER,
TATA AIG GENERAL INSURANCE COMPANY LTD.,
NO.69, 3RD FLOOR,
J.P & JAMBUKESHWARA ARCADE,
MILLERS ROAD, BANGALORE-52.
...RESPONDENTS
(NOTICE TO R1 & 2-DISPENSED WITH V/O DATED:24.02.2015;
BY SRI. H.S.LINGARAJ., ADVOCATE FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:24.10.2013
PASSED IN MVC NO.642/2012 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, MACT-V, DAVANAGERE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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MFA No. 2223 of 2014
JUDGMENT
Sri.H.S.Lingaraj., learned counsel for respondent No.3
has appeared in person.
2. The claimants have assailed the Judgment of the
Tribunal in this appeal seeking enhancement of the
compensation.
3. Learned counsel for respondent No.3 has urged
several contentions. Heard, the contentions urged on behalf of
respondent No.3 and perused the appeal papers and also the
records with utmost care.
4. The point that requires consideration is whether the
claimants are entitled for enhanced compensation.
5. The Claimants appeal is one for enhancement of
compensation. The grounds urged in the present appeal is that
the compensation awarded by the Tribunal is meager.
It is noticed that the Tribunal has awarded compensation
of Rs.7,28,000/- (Rupees Seven Lakhs Twenty Eight Thousand
only) towards Loss of dependency. It is contended that the
deceased was doing auto consultancy work and was earning
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Rs.7,000/- (Rupees Seven Thousand only) per month. The
Tribunal has taken the income as Rs.7,000/- (Rupees Seven
Thousand only) per month. This Court deems is appropriate to
consider the income as Rs.7,000/- (Rupees Seven Thousand
only) per month.
The age of the deceased was 49 years as on the date of
accident, hence the multiplier 13 is to be adopted. Hence, the
amount towards the loss of dependency is as under:
CALCULATION OF LOSS OF DEPENDENCY
Future prospects:
It is taken into consideration at 25% as per chart because the
age of deceased is between 40 to 50 years.
7,000 X 25% = 1,750
7,000 + 1,750 = 8,750
8,750 divided by 3 = 2,916
8,750 - 2,916 = 5,834
Rs.5,834 x 12 x 13 = Rs.9,10,104 Rs.9,10,104/-
In the present case, the deceased left behind Mother,
Wife, Son and Daughter. Hence, they are entitled to
compensation under the head "Loss of consortium". In view of
law laid down by the Apex Court in PRANAY SETHI's case, the
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interest should be considered to the loss of consortium at the
rate of 10% per annum for every three years.
40,000 X 10/100 X 2 times = Rs.8,000/-
40,000 + 8,000 = Rs.48,000/-
Rs.48,000/- X 4 = Rs.1,92,000/-.
This Court deems it appropriate to award Rs.33,000/-
(Rupees Thirty Three Thousand only) towards loss of estate and
transportation of the dead body, funeral and obsequies
ceremonies.
6. Accordingly, this Court re-determines the
compensation as under:-
1. Towards loss of 9,10,104 Rs.9,10,104/-
dependency
2. Towards loss of 1,92,000 Rs.1,92,000/-
Consortium
3. Loss of estate & 33,000 Rs.33,000/-
transportation of dead
body and funeral and
obsequies.
Reassessed compensation: Rs.11,35,104/-
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7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:24.10.2013
passed by the I Addl. Senior Civil Judge and MACT-
V, Davangere in M.V.C No.642/2012 is modified to
the extent stated hereinabove.
2. The claimant is entitled for reassessed
compensation of 11,35,104/- (Rupees Eleven Lakhs
Thirty Five Thousand One Hundred and Four only)
with 6% interest per annum from the date of the
claim petition till the date of realization.
3. The third respondent - Insurance
Company is directed to deposit the 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.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
