Karnataka High Court
Sri Manjunath S/O Nagappa Hulamani vs Shri Rudrayya S/O Shivayya ... on 19 April, 2024
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NC: 2024:KHC-D:6568
MFA No. 102101 of 2022
C/W MFA No. 102337 of 2022
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. 102101 OF 2022 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102337 OF 2022
IN MFA NO. 102101 OF 2022
BETWEEN:
SRI. MANJUNATH S/O. NAGAPPA HULAMANI,
AGE: 27 YEARS, OCC: BUSINESS (MILITARY),
R/O. MEKLAMARADI, TQ: BAILHONGAL,
DIST: BELAGAVI-591121.
...APPELLANT
(BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE)
AND:
1. SHRI. RUDRAYYA S/O. SHIVAYYA GURUVAINAVAR,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. AMBADAGATTI, TQ: KITTUR,
DIST: BELAGAVI-591112.
Digitally signed by
ROHAN
HADIMANI T
Location: HIGH 2. THE MANAGER,
COURT OF CHOLAMANDALAM MS GENERAL INSURANCE
KARNATAKA
COMPANY LTD, 1ST FLOOR,
KALBURGI SQUARE, DESAI CROSS,
DESHPANDE NAGAR, HUBLI-580029.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 11.03.2022
PASSED IN MVC NO.834/2020 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:6568
MFA No. 102101 of 2022
C/W MFA No. 102337 of 2022
IN MFA NO. 102337 OF 2022
BETWEEN:
SRI. MANJUNATH S/O. NAGAPPA HULAMANI,
AGE: 27 YEARS, OCC: BUSINESS (MILITARY),
R/O. MEKLAMARADI, TQ: BAILHONGAL,
DIST: BELAGAVI-591121.
...APPELLANT
(BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE)
AND:
1. SHRI. RUDRAYYA
S/O. SHIVAYYA GURUVAINAVAR,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. AMBADAGATTI, TQ: KITTUR,
DIST: BELAGAVI-591112.
2. THE MANAGER,
CHOLAMANDALAM MS GENERAL INSURANCE
COMPANY LTD, 1ST FLOOR,
KALBURGI SQUARE, DESAI CROSS,
DESHPANDE NAGAR, HUBLI-580029.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
11.03.2022 PASSED IN MVC NO.835/2020 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6568
MFA No. 102101 of 2022
C/W MFA No. 102337 of 2022
JUDGMENT
Thought these appeals are listed for admission, with
the consent of the learned counsel for the parties, they are
taken up for final disposal.
2. MFA.Nos.102101 and 102337 of 2022 are filed
by the same claimant seeking enhancement of
compensation, being aggrieved by the judgments and
awards dated 11.03.2022 passed in MVC.Nos.834/2020
and 835/2020 respectively, by the Senior Civil Judge and
Addl.MACT., Bailhongal (for short, 'Tribunal').
3. Heard Sri.Vijaykumar Kotin, learned counsel
appearing for the appellant/claimant in both the appeals
and Sri.Nagaraj C.Kolloori, learned counsel appearing for
the respondent No.2/Insurance Company in both the
appeals.
4. Learned counsel appearing for the
appellant/claimant in both the appeals submits that the
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Tribunal has committed grave error in assessing the
income of the deceased as well as it has erred in awarding
compensation under the conventional heads, hence, he
seeks to reassess the same by allowing both the appeals.
5. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company in both the appeals
supports the impugned judgment and award of the
Tribunal and submits that the appellant in both the
appeals is the son of the deceased and filed the claim
petitions for the death of his parents and is a worker and
is drawing a salary. Thus, he is not entitled for
compensation under the head of loss of dependency. Thus,
he seeks to dismiss both the appeals.
6. I have heard the arguments of the learned
counsel appearing for the parties in both the appeals.
Perused the material available on record.
7. It is not in dispute that the parents of the
appellant/claimant met with a road accident on
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23.03.2020 and sustained grievous injuries and later
succumbed to the injuries. Two claim petitions were filed
by the claimant and the Tribunal considering the material
available on record, awarded total compensation of
Rs.8,75,600/- in MVC.No.834/2020 and Rs.8,33,000/- in
MVC.No.835/2020. Taking note of the age and avocation
of the deceased parents of the appellant/claimant, this
Court reassesses the compensation by assessing the
income of the deceased notionally at Rs.13,750/- per
month placing reliance on the notional income chart
prepared by the Karnataka State Legal Services Authority.
8. In MFA.No.102101/2022 (MVC.No.834/2020),
there is no dispute with regard to the future prospects of
the deceased, multiplier and deduction towards personal
and living expenses of the deceased. Thus, the claimant
would be entitled to modified compensation on the head of
loss of dependency as under:
Rs.13,750 + 10% x 12 x 11 less 50% = Rs.9,98,250/-
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9. The appellant/claimant is entitled to
Rs.44,000/- under the head of loss of consortium,
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 claimant would be
entitled to modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 9,98,250/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium 44,000/-
Total 10,75,250/-
Thus, the appellant/claimant in MFA.No.102101/2022
(MVC.No.834/2020) would be entitled to total
compensation of Rs.10,75,250/- as against
Rs.8,75,600/- awarded by the Tribunal.
10. In MFA.No.102337/2022 (MVC.No.835/2020),
there is no dispute with regard to the multiplier and
deduction towards personal and living expenses of the
deceased. Taking note of the age of the deceased, this
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Court deems it appropriate to add 25% to the assessed
income of the deceased under the head of future prospects
of the deceased. Thus, the claimant would be entitled to
modified compensation on the head of loss of dependency
as under:
Rs.13,750 + 25% x 12 x 14 less 50% = Rs.14,43,750/-
11. The appellant/claimant is entitled to
Rs.44,000/- under the head of loss of consortium,
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 claimant would be
entitled to modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 14,43,750/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium 44,000/-
Total 15,20,750/-
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12. Thus, the appellant/claimant in
MFA.No.102337/2022 (MVC.No.835/2020) would be
entitled to total compensation of Rs.15,20,750/- as
against Rs.8,33,000/- awarded by the Tribunal.
13. In the result, this Court proceeds to pass the
following:
ORDER
a) Both the appeals are stands allowed in part.
b) The impugned judgments and awards of the
Tribunal are modified to an extent that the
appellant/claimant in MFA.No.102101/2022
(MVC.No.834/2020) is entitled to total
compensation of Rs.10,75,250/- as against
Rs.8,75,600/- awarded by the Tribunal and the
appellant/claimant in MFA.No.102337/2022
(MVC.No.835/2020) is entitled to total
compensation of Rs.15,20,750/- as against
Rs.8,33,000/- awarded by the Tribunal.
c) The entire compensation amount shall carry
interest at the rate of 6% per annum from the
date of petitions till the date of payment in
both the appeals.
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d) The Insurance Company in both the appeals
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 awards of the
Tribunal.
f) Registry to transmit the records, if any, to the
Tribunal, forthwith.
g) Draw modified awards accordingly.
Sd/-
JUDGE
RH
Ct-an
