Karnataka High Court
D. Hanumantha Reddy S/O D. Govinda Reddy vs Devaraja S/O Gadilingappa on 18 April, 2024
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NC: 2024:KHC-D:6497
MFA No. 101642 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101642 OF 2021 (MV)
BETWEEN:
1. D. HANUMANTHA REDDY
S/O. D. GOVINDA REDDY,
AGE: 31 YEARS, AGRICULTURIST,
R/O.W NO.NEAR YALLAMMA TEMPLE,
SHANTI NAGAR, DAMMURU VILLAGE,
KURUGODU TALUK, BALLARI-583116.
2. THIPPA REDDY S/O.GOVINDA REDDY,
AGE: 30 YEARS.
3. BASAVARAJ S/O.GOVINDA REDDY,
AGE: 27 YEARS.
4. D.GOVIND REDDY S/O. THIPPA REDDY,
Digitally signed AGE: 56 YEARS,
by JAGADISH T R
Location: HIGH APPELLANT NO.2 TO 4 ARE RESIDING
COURT OF
KARNATAKA AT REDDY PETE, KARUR VILLAGE,
SIRGUPPA TALUK, BLLARI DISTRICT,
NOW RESIDING AT DAMMURU VILLAGE,
KURUGOUDU TALUKA,
BALLARI DISTRICT-583116.
...APPELLANTS
(BY SRI. MANJUNATH JADAI, ADVOCATE)
AND:
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NC: 2024:KHC-D:6497
MFA No. 101642 of 2021
1. DEVARAJA S/O. GADILINGAPPA,
AGE: 37 YEARS,
DRIVER OF SONALIKA TRACTOR
BEARING NO. KA-34/TA-5493,
R/O. SANTHEPETE,
KARUR VILLAGE,
SIRUGUPPA, TALUKA BALLARI-583121.
2. SMT. G. KAVITHA
W/O. BASAVARAJ REDDY,
AGE: 39 YEARS,
OWNER OF SONLIKAR
TRACTOR BEARING NO. KA-34/TA-5493,
R/O.DAMMURU VILLAGE,
KURUGOUDA TALUK,
BALLARI DISTRICT-583216.
3. THE MANAGER, IFFCO TOKYO,
GENERAL INSURANCE COMPANY LTD,
1ST FLOOR, RK COMPLEX,
K. C. ROAD, BALLARI-583101.
...RESPONDENTS
(BY SMT. ANUSHA SANGAMI, ADV. FOR
SRI. S. K. KAYAKMATH, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 10.02.2021
PASSED IN MVC NO.591/2019 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6497
MFA No. 101642 of 2021
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 appellants/claimants
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 10.02.2021 passed in
MVC.No.591/2019 by the Motor Accident Claims Tribunal-
XII, Ballary (for short, 'Tribunal').
3. Heard Sri.Manjunath Jadai, learned counsel
appearing for the appellants/claimants and Smt.Anusha
Sangami, 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.7,500/- per month, hence, he seeks to
reassess the same at Rs.13,750/- per month notionally.
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He further submits that the award of compensation on all
the other heads is also on the lower side and seeks to
enhance the same appropriately. Thus, he seeks to allow
the appeal.
5. Per contra, learned counsel appearing for the
respondent No.3/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the appellants themselves have stated in the
claim petition that the deceased was earning Rs.10,000/-
per month, hence, the assessment of income cannot be
more than their claim, hence, she seeks to justify the
assessment of income by the Tribunal. She further submits
that the award of compensation by the Tribunal on all the
other heads is also just and proper, which does not call for
enhancement. Thus, she seeks to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the parties. Perused the material
available on record.
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7. It is not in dispute that Smt.Rathnamma met
with a road accident on 02.01.2019 and sustained
grievous injuries and later succumbed to the injuries. She
was aged about 49 years at the time of the accident. The
dependents have filed the claim petition and the Tribunal
considering the material available on record awarded total
compensation of Rs.11,74,000/- to the claimants along
with interest at the rate of 7% per annum from the date of
petition till realisation. This Court taking note of the
pleading and evidence available on record, is of the
considered view that the appellant/claimants have not
placed any evidence with regard to the income of the
deceased. Though the appellants have stated that the
deceased was earning Rs.10,000/- per month, based on
that, the Tribunal has assessed the income of the
deceased at Rs.7,500/- per month. 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
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reassesses the notional income of the deceased at
Rs.13,250/- per month as the accident that occurred in
the year 2019. There is no dispute with regard to the
multiplier, deduction towards personal and living expenses
of the deceased and 25% addition to the assessed income
of the deceased under the head of loss of future prospects
of the deceased. Thus, the claimants would be entitled to
modified compensation on the head of loss of dependency
as under:
Rs.13,250 + 25% x 12 x 13 x ¾ = Rs.19,37,812/-
8. Each of the appellants are entitled to
Rs.44,000/- under the head of loss of consortium
(i.e.Rs.44,000 X 4 = Rs.1,76,000/-). The appellants are
also entitled to Rs.16,500/- under the head of 'loss of
estate' and Rs.16,500/- under the head of 'transportation
of dead body and funeral expenses'. Thus, the claimants
would be entitled to modified compensation on the
following heads:
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Particulars Amount
(in Rs.)
Loss of dependency 19,37,812/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium (Rs.44,000 X 4 1,76,000/-
dependants)
Total 21,46,812/-
Thus, the claimant would be entitled to total
compensation of Rs.21,46,812/- as against
Rs.11,74,000/- 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.21,46,812/- as
against Rs.11,74,000/- awarded by the
Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per
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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
