Karnataka High Court
Smt. V. Prashanthi W/O Lae V Suresh Alias ... vs H. Durugappa Alias Durugesha S/O ... on 19 April, 2024
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NC: 2024:KHC-D:6589
MFA No. 101739 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101739 OF 2021 (MV-D)
BETWEEN:
1. SMT. V. PRASHANTHI
W/O. LATE V. SURESH @ SURESH,
AGE: 28 YEARS, OCC: HOUSEWIFE.
2. MINOR V. JASWANTH KUMAR,
S/O. LATE V. SURESH @ SURESH,
AGE: 09 YEARS, OCC: STUDENT.
3. MINOR VARSHINI
D/O. LATE V. SURESH @ SURESH,
AGE: 07 YEARS, OCC: STUDENT,
APPELLANTS NO.2 AND 3 IS REPRESENTED
BY NATURAL MOTHER AND GUARDIAN
Digitally
signed by SMT. V. PRASHANTHI I.E. APPELLANT NO.1.
JAGADISH T R
Location:
HIGH COURT
OF 4. VADDARA YERRISWAMY S/O. ERANNA,
KARNATAKA
AGE: 55 YEARS.
5. SMT. HANUMAKKA
W/O. VADDARA YERRISWAMY,
AGE: 48 YEARS, HOUSEWIFE,
ALL ARE R/O. 4TH WARD,
PAPKINAYAKANAHALLI VILLAGE,
HOSAPETE TALUK, BALLARI DIST,
PRESENTLY AT COWL BAZAAR,
BALLARI-583101.
...APPELLANTS
(BY SRI. MANJUNATH JADAI, ADVOCATE)
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NC: 2024:KHC-D:6589
MFA No. 101739 of 2021
AND:
1. H. DURUGAPPA @ DURUGESHA S/O. MUKANNA,
AGE: 35 YERS, DRIVER OF LORRY
BEARING NO.AP-02/V-2733,
R/O. KAKABALU VILLAGE,
HOSAPETE TALUK,
BALLARI DIST-583223.
2. S. BHASKAR HEGDE
S/O. S. SHIVAPPA HEGDE,
AGE: 43 YEARS, MANAGING PARTNER
M/S. JYOTHI CEMENT PRODUCTS,
R/O. NO. 85, W.NO. 17,
VENKATESHWARA NAGAR,
PATEL NAGAR, BALLARI-583101.
3. THE MANAGER,
M/S. SHRIRAM GENERAL INS. CO. LTD,
NEAR MAYURA HOTEL, OPP. GREEN CHILLI,
DOUBLE ROAD, BALLARI-583101.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 02.02.2021
PASSED IN MVC NO.614/2018 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 FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6589
MFA No. 101739 of 2021
JUDGMENT
This appeal is filed by the appellants/claimants
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 02.02.2021 passed in
MVC.No.614/2018 by the Motor Accident Claims Tribunal-
XII, Ballari (for short, 'Tribunal').
2. Heard Sri.Manjunath Jadai, learned counsel
appearing for the appellants/claimants and Sri.Nagaraj
C.Kolloori, learned counsel appearing for the respondent
No.3/Insurance Company.
3. 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 as well as it has erred
in awarding compensation under the conventional heads,
hence, he seeks to reassess the same by allowing the
appeal.
4. Per contra, learned counsel appearing for the
respondent No.3/Insurance Company supports the
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impugned judgment and award of the Tribunal and
submits that the appellants have not placed any evidence
with regard to the income of the deceased, hence, the
assessment of income by the Tribunal is just and proper
and does not call for any modification. He further submits
that the award of compensation by the Tribunal on all the
other heads is also just and proper and does not require
interference. Thus, he seeks to dismiss the appeal.
5. I have heard the arguments of the learned
counsel appearing for the parties. Perused the material
available on record.
6. It is not in dispute that Sri.Suresh met with a
road accident on 18.01.2018 and sustained grievous
injuries and later succumbed to the injuries. The claim
petition was allowed by the Tribunal considering the
material available on record by awarding total
compensation of Rs.20,20,100/- to the claimants. The
deceased Suresh was aged about 29 years at the time of
the accident. Taking note of the age and avocation of the
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deceased, this Court reassesses the income of the
deceased at Rs.11,750/- per month placing reliance on the
notional income chart prepared by the Karnataka State
Legal Services Authority and this Court adds 40% 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 and 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.11,750 + 40% x 12 x 17 x ¾ = Rs.25,16,850/-
7. Each of the appellants are entitled to
Rs.44,000/- under the head of loss of consortium
(i.e.Rs.44,000 X 5 = Rs.2,20,000/-). 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 25,16,850/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium (Rs.44,000 X 5 2,20,000/-
dependants)
Total 27,69,850/-
Thus, the claimant would be entitled to total
compensation of Rs.27,69,850/- as against
Rs.20,20,100/- awarded by the Tribunal.
8. 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.27,69,850/- as against Rs.20,20,100/-
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.
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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
