Karnataka High Court
Savavva @ Svakka vs Parappa S/O Dundappa Gulappanavar on 22 April, 2024
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NC: 2024:KHC-D:6594
MFA No. 101072 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101072 OF 2016 (MV-D)
BETWEEN:
1. SMT. SAVAVVA @ SAVAKKA
W/O. MALLIKARJUN KULALI,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. HIREBELLIKATTI, TAL: BAILHONGAL,
DIST: BELAGAVI.
2. KUMAR SURESH S/O. MALLIKARJUN KULALI,
AGE: 16 YEARS, OCC: STUDENT,
R/O. HIREBELLIKATTI, TAL: BAILHONGAL,
DIST: BELAGAVI.
3. KUMAR IRANNA S/O. MALLIKARJUN KULALI,
Digitally signed
by JAGADISH T AGE: 14 YEARS, OCC: STUDENT,
R
Location: HIGH R/O. HIREBELLIKATTI, TAL: BAILHONGAL,
COURT OF
KARNATAKA
DIST: BELAGAVI.
SINCE APPELLANTS NO.2 TO 3 ARE
MINORS R/BY. M/G. THEIR NATURAL
MOTHER APPELLANT NO.1,
SMT. SAVAVVA @ SAVAKKA,
W/O. MALLIKARJUN KULALI,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. HIREBELLIKATTI, TAL: BAILHONGAL,
DIST: BELAGAVI.
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NC: 2024:KHC-D:6594
MFA No. 101072 of 2016
4. SMT. NEELAVVA W/O. SHIVAPPA KULALI,
AGE: 69 YEARS, OCC: HOUSEHOLD WORK,
R/O. HIREBELLIKATTI, TAL: BAILHONGAL,
DIST: BELAGAVI.
...APPELLANTS
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
1. SHRI. PARAPPA S/O. DUNDAPPA GULAPPANAVAR,
AGE: 49 YEARS, OCC: BUSINESS,
R/O. UDAKERI, TQ: BAILHONGAL,
DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD,
1732, 1ST FLOOR, PRABHU BUILDING,
RAMDEV GALLI, BELAGAVI. DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. G. N. RAICHUR, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 19.11.2015 PASSED IN MVC
NO.893/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6594
MFA No. 101072 of 2016
JUDGMENT
This appeal is filed by the claimants seeking enhancement
of compensation being aggrieved by the judgment and award
dated 19.11.2015 passed in MVC No.893/2012 on the file of
Senior Civil Judge and Addl. MACT, Bailhongal (for short,
'Tribunal').
2. Heard Sri.Hanamant.R.Latur learned counsel
appearing for the appellant and Sri.G.N.Raichur learned counsel
appearing for respondent No.2/Insurance Company.
3. Learned counsel appearing for the
appellants/claimants submits that the Tribunal has committed
grave error in holding that the deceased was not having a valid
and effective driving license as on the date of accident, hence,
saddled the liability to an extent of 25% on the deceased
Sri.Mallikarjun Kulali on the ground that he has contributed to
the accident in question. It is submitted that the Tribunal has
committed an error in assessing the income and has not
awarded any compensation under the head of loss of future
prospects of the deceased. He submits that the appellants are
entitled to compensation under the head of loss of consortium
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and also under the conventional heads. Hence, he seeks to
allow the appeal.
4. Per contra learned counsel appearing for the
respondent No.2 supports the impugned judgment and award
of the Tribunal and submits that the Tribunal has rightly
recorded the finding at paragraph 49 of its judgment with
regard to the contributory negligence of the deceased-rider of
the motorcycle. He submits that the award of compensation by
the Tribunal on the other heads is just and proper and does not
call for any enhancement. Thus, he seeks to dismiss the
appeal.
5. I have heard the arguments of learned counsel for the
respective parties and perused the material available on record.
6. One Sri.Mallikarjun Kulali was proceeding on the
motorcycle on 24.12.2012 and met with a road accident,
sustained fatal injuries and later he succumbed to those
injuries. Admittedly, the deceased was aged about 40 years at
the time of accident and was an agriculturist by an avocation.
Taking note of the same, the Tribunal has awarded total
compensation of Rs.9,60,000/- with interest at the rate of 6%
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per annum and directed the Insurance company to deposit 75%
of the aforesaid amount.
7. This Court on re-appreciation of the entire evidence
available on record is of the considered view that the Tribunal
has committed grave error in recording the finding that the
deceased was not having a valid and effective driving license to
drive the motorcycle bearing Registration No.KA-25/U-2448 at
the time of accident. Admittedly, the Tribunal has not come to
a conclusion with regard to negligence of the deceased and his
contribution to the accident in question. The Tribunal has
committed an error by deducting 25% of the compensation
amount only on the ground that the deceased was not having a
valid and effective driving license to drive a motorcycle as on
the date of accident. Admittedly, the finding of the Tribunal in
contrary to charge sheet material which indicates that the
accident is caused due to the negligence of the offending
vehicle, hence, the appellants are entitled to entire
compensation for the accidental death of Sri.Mallikarjun Kulali.
8. Insofar as quantum of compensation is concerned,
this Court notionally assesses the income of the deceased at
Rs.6,500/- per month placing reliance on the notional income
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chart prepared by the Karnataka State Legal Services
Authority. The claimants would be entitled to an addition of
25% of the assessed income towards loss of future prospects,
as the deceased was aged 40 years. There is no dispute with
regard to age of the deceased as 40 years, applicable multiplier
of 15 and deduction of 1/4th towards personal and living
expenses of the deceased. Thus, the claimants would be
entitled to modified compensation on the head of loss of
dependency at Rs.10,96,875/- (Rs.6,500 + 25% x 12 x 15 x
3/4).
9. The appellants are entitled to Rs.44,000/- each
under the head of loss of consortium and 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. The entire amount is liable to be paid by the
respondent No.2/Insurance Company.
10. Thus, the claimants would be entitled to modified
compensation on the following heads:
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Particulars Amount
(in Rs.)
Loss of dependency 10,96,875/-
Loss of estate 16,500/-
Transportation of dead body and 16,500/-
funeral expenses
Loss of consortium (Rs.44,000x4) 1,76,000/-
Total 13,05,875/-
Thus, the claimants shall be entitled to total
compensation of Rs.13,05,875/- as against Rs.9,60,000/-
awarded by the Tribunal.
11. In the result, I 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.13,05,875/- as against
Rs.9,60,000/- awarded by the Tribunal, which
shall carry interest at the rate of 6% per annum
from the date of petition till the date of payment.
c) The Insurer shall deposit the entire
compensation amount with accrued interest
before the Tribunal within six weeks from the
date of receipt of certified copy of this judgment.
d) The apportionment, deposit and disbursement of
enhanced compensation shall be made as per
award of the Tribunal.
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e) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
