Karnataka High Court
Dattamma vs The Managing Director on 22 April, 2024
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NC: 2024:KHC-D:6659
MFA No. 102225 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. 102225 OF 2016 (MV-D)
BETWEEN:
1. SMT. DATTAMMA W/O. ANAND SAVANUR,
AGE: 45 YEARS, OCC: HOUSE HOLD,
R/O. H.NO.101/D, SIDDALINGESHWAR,
COLONY EXTENSION, VIKAS NAGAR,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
2. MANUNATH S/O. ANAND SAVANUR,
AGE: 23 YEARS, OCC: PVT. SERVICE,
R/O. H.NO.101/D, SIDDALINGESHWAR
COLONY EXTENSION, VIKAS NAGAR,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
3. FAKIRAMMA W/O. MUTHALLAPPA SAVANUR,
AGE: 71 YEARS, OCC: HOUSE HOLD,
R/O. H.NO.101/D, SIDDALINGESHWAR
Digitally COLONY EXTENSION, VIKAS NAGAR,
signed by HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
JAGADISH T
R ...APPELLANTS
Location: (BY SRI. DINESH M. KULKARNI, ADVOCATE)
HIGH COURT
OF
KARNATAKA AND:
1. THE MANAGING DIRECTOR, NWKRTC, GOKUL
ROAD, HUBBALLI-580030, DIST: DHARWAD.
2. THE SELF INSURANCE FUND, NWKRTC,
GOKUL ROAD, HUBBALLI-580030, DIST: DHARWAD.
...RESPONDENTS
(BY SRI. M. M. KHANNUR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT & AWARD DATED: 27.04.2016, PASSED IN
MVC.NO.440/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS
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NC: 2024:KHC-D:6659
MFA No. 102225 of 2016
TRIBUNAL, HUBBALLI, 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:
JUDGMENT
This appeal is filed by the claimants seeking enhancement
of compensation being aggrieved by the judgment and award
dated 27.04.2016 passed in MVC No.440/2015 on the file of I
Additional Senior Civil Judge and Additional MACT, Hubballi (for
short, 'Tribunal').
2. Heard Sri.Dinesh M.Kulkarni, learned counsel
appearing for the appellants and Sri.M.M.Khannur, learned
counsel appearing for the respondents.
3. Learned counsel for the appellants submits that the
Tribunal committed error in assessing the income of the
deceased, hence, seeks to re-assess the income and seeks to
award appropriate compensation under conventional heads by
allowing the appeal.
4. Per contra, learned counsel for the respondent-
corporation supports the impugned judgment and award of the
Tribunal and seeks to dismiss the appeal.
NC: 2024:KHC-D:6659
5. I have heard the learned counsel for the parties and
perused the material available on record.
6. One Sri.Kumar Savanur met with a road accident on
12.03.2015 and succumbed to the injuries. Admittedly, the
deceased was 21 years on the date of accident and he was a
bachelor. The appellants have not placed any evidence with
regard to the income of the deceased, hence, income is re-
assessed at Rs.7,000/- p.m. placing reliance on the notional
income chart prepared by the KSLSA. The deceased was aged
21 years on the date of accident, hence appropriate multiplier
is 18. Hence, the appellants are entitled to compensation
towards loss of dependency is reassessed as under:
Rs.7,000 + 40% X 12 X 18 X 50% = Rs.10,58,400/-.
7. The appellants are entitled to a sum of
Rs.44,000/- each towards loss of consortium including
10% escalation, in total a sum of Rs.1,32,000/-. The
appellants are also entitled to a sum of Rs.16,500/- towards
loss of estate and Rs.16,500/- towards funeral expenses.
NC: 2024:KHC-D:6659
8. Thus, in all, the appellants shall be entitled to
modified compensation as under:
HEADS AMOUNT
(in Rs.)
Loss of dependency 10,58,400
Loss of consortium (44,000 X 3) 1,32,000
Transportation of dead body & funeral 16,500
expenses
Loss of estate 16,500
Total 12,23,400
Thus, the claimants shall be entitled to total
compensation of Rs.12,23,400/- as against Rs.4,86,000/-
awarded by the Tribunal.
9. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal is 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.12,23,400/- as against
Rs.4,86,000/- awarded by the Tribunal.
NC: 2024:KHC-D:6659
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.
d) The respondent-Corporation 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) The apportionment, deposit and disbursement
shall be made as per award of the Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE
BSR
Ct-an
