Karnataka High Court
Smt. Suglamma Alias Sunkalamma W/O Ramu vs Kiran S S/O. Shivarudraiah S on 2 April, 2024
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100838 OF 2023 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100833 OF 2023
MISCELLANEOUS FIRST APPEAL NO. 100852 OF 2023
IN MFA NO.100838/2023
BETWEEN:
SMT. SUGLAMMA @ SUNKALAMMA W/O. RAMU,
AGED ABOUT 43 YEARS,
OCC: WORKING IN NANDHI SAI COTTON MILL,
R/O. HALAKUNDI VILLAGE,
BALLARI TALUK & DISTRICT-583101.
...APPELLANT
(BY SMT. SOUBHAGYA S. VAKKUND, FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
Digitally signed
by JAGADISH T 1. KIRAN S, S/O. SHIVARUDRAIAH S,
R
Location: HIGH
AGED ABOUT 29 YEARS,
COURT OF
KARNATAKA
DRIVER OF THE BUS BEARING
REG.NO.KA-05/AE-3276,
R/O. 79/A, 4TH MAIN ROAD,
13TH CROSS, RAVINDRA NAGAR,
T. DASARAHALLI, BENGALURU NORTH,
BENGALURU-560057.
2. PRADEEP KUMAR N. M,
S/O. VENKATESH MOHAN,
AGED ABOUT 48 YEARS, OWNER OF THE BUS
BEARING REG.NO.KA-05/AE-3276,
R/O. 1470, INDIRA NAGAR,
NELAMANGALA TOWN, BENGALURU RURAL,
BENGALURU-562123.
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
3. THE DIVISIONAL MANAGER,
M/S. UNITED INDIA INSURANCE COMPANY
LIMITED, BALLARI-583101.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)'
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1)
OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 03.01.2022
PASSED BY THE MOTOR ACCIDENT CLAIM TRIBUNAL NO.III AND
PRL. SENIOR CIVIL JUDGE AND CJM BALLARI, IN MVC NO.757/2019
BY ENHANCING THE COMPENSATION RS.14,99,000/- THE
APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS
HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100833/2023
BETWEEN:
V. SIDDAIAH @ SIDDAIAH SWAMY,
S/O. LATE V. GAVISIDDA SWAMY,
AGED ABOUT 38 YEARS,
OCC: FACTORY WORKER,
R/O. OBULAPURA VILLAGE,
D. HIREHAL MANDALAM,
ANANTHAPUR DISTRICT,
NOW COME OVER TO BALLARI-583101.
...APPELLANT
(BY SMT. SOUBHAGYA S. VAKKUND, FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATES)
AND:
1. KIRAN S, S/O. SHIVARUDRAIAH S,
AGED ABOUT 29 YEARS,
DRIVER OF THE BUS BEARING
REG.NO.KA-05/AE-3276,
R/O. 79/A, 4TH MAIN ROAD, 13TH CROSS,
RAVINDRA NAGAR, T DASARAHALLI,
BENGALURU, NORTH, BENGALURU-560057.
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
2. PRADEEP KUMAR N. M,
S/O. VENKATESH MOHAN,
AGED ABOUT 48 YEARS,
OWNER OF THE BUS BEARING
REG.NO.KA-05/AE-3276,
R/O. 1470, INDIRA NAGAR,
NELAMANGALA TOWN,
BENGALURU RURAL, BENGALURU-562123.
3. THE DIVISIONAL MANAGER,
M/S. UNITED INDIA INSURANCE COMPANY
LIMITED, BALLARI-583101.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1)
OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 03.01.2022
PASSED BY THE MOTOR ACCIDENT CLAIM TRIBUNAL NO.III AND
PRL. SENIOR CIVIL JUDGE AND CJM BALLARI, IN MVC NO.755/2019
BY ENHANCING THE COMPENSATION FROM RS. 11,000/- TO
RS.8,00,000/- THE APPELLANT AND PASS SUCH OTHER ORDER OR
ORDERS AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.100852/2023
BETWEEN:
1. SMT. VASAKOTI RATHNAMMA,
W/O. VASAKOTI BASAPPA,
AGED ABOUT 49 YEARS, OCC: HOUSEWIFE.
2. VASAKOTI BASAPPA,
S/O. VASAKOTI BASAPPA,
AGED ABOUT 52 YEARS.
3. CHIDANANDA S/O. VASAKOTI BASAPPA,
AGED ABOUT 20 YEARS, OCC: STUDENT,
ALL ARE R/O. 2-111, OBULAPURA VILLAGE,
D. HIREHAL MANDALAM,
ANANTHAPUR DISTRICT,
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
NOW COME OVER TO BALLARI-583101.
...APPELLANTS
(BY SMT. SOUBHAGYA S. VAKKUND, ADV. FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATES)
AND:
1. KIRAN S, S/O. SHIVARUDRAIAH S,
AGED ABOUT 29 YEARS,
DRIVER OF THE BUS BEARING
REG.NO.KA-05/AE-3276,
R/O. 79/A, 4TH MAIN ROAD,
13TH CROSS, RAVINDRA NAGAR,
T. DASARAHALLI, BENGALURU NORTH,
BENGALURU-560057.
2. PRADEEP KUMAR N. M,
S/O. VENKATESH MOHAN,
AGED ABOUT 48 YEARS,
OWNER OF THE BUS BEARING
REG.NO.KA-05/AE-3276,
R/O. 1470, INDIRA NAGAR,
NELAMANGALA TOWN,
BENGALURU RURAL, BENGALURU-562123.
3. THE DIVISIONAL MANAGER,
M/S.UNITED INDIA INSURANCE COMPANY
LIMITED, BALLARI-583101.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1)
OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 03.01.2022
PASSED BY THE MOTOR ACCIDENT CLAIM TRIBUNAL NO.III AND
PRL. SENIOR CIVIL JUDGE AND CJM BALLARI, IN MVC NO.756/2019
BY ENHANCING THE COMPENSATION FROM RS. 14,99,000/- TO THE
APPELLANT AND ETC.
THESE APPEALS, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
COMMON JUDGMENT
MFA No.100838/2023 is arising out of MVC No.757/2019.
MFA No.100833/2023 is arising out of MVC No.755/2019. MFA
No.100852/2023 is arising out of MVC No.756/2019. These
appeals have been filed by two injured/claimants and the
claimants of the deceased Mahantesh seeking enhancement of
compensation being aggrieved by the judgment and award
dated 03.01.2022 passed in MVC Nos.755 to 757 of 2019 on
the file of MACT-III and Principal Senior Civil Judge and CJM,
Ballari (for short, 'Tribunal').
2. Heard Smt.Soubhagya.S.Vakkund learned counsel
appearing for the appellants in all the appeals and
Sri.S.S.Koliwad learned counsel appearing for the respondent
No.3/Insurance Company.
3. Learned counsel appearing for the appellant in MFA
No.100838/2023 (MVC No.757/2019) submits that the Tribunal
has erred in not awarding any compensation under the head of
loss of future income of the appellant/injured, despite the fact
that the doctor has assessed the disability of the injured at
25%. She seeks to re-compute the compensation, considering
the disability and assessing the notional income of the injured.
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
In MFA No.100833/2023 (MVC No.755/2019), she submits that
the Tribunal has awarded global compensation of Rs.11,000/-
which is on the lower side. Hence, she seeks to reassess the
same appropriately by taking note of the injuries sustained by
the appellant/claimant. In MFA No.100852/2023 (MVC
No.756/2019), she submits that the Tribunal has committed an
error in awarding compensation under the heads of loss of
dependency, loss of consortium and loss of estate. She seeks to
reassess the same by enhancing the compensation
appropriately. Hence, she seeks to allow all the appeals filed by
the claimants/appellants.
4. Per contra, learned counsel appearing for the
respondent No.3/Insurance Company supports the impugned
judgment and award of the Tribunal and submits that in MFA
No.100838/2023 (MVC No.757/2019), the Tribunal has rightly
disbelieved the evidence of doctor and not assessed the
disability, as the appellant has sustained injuries i.e., skull
fracture lateral wall of right orbit. Hence, the award of
compensation by the Tribunal is just and proper does not
require any modification. He further submits that the Tribunal
has rightly awarded the global compensation of Rs.11,000/-,
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
taking note of the fact that the injured has suffered simple
injuries in MFA No.100833/2023 (MVC No.755/2019). He
further submits that the award of compensation by the Tribunal
in MFA No.100852/2023 (MVC No.756/2019), is in-consonance
with the evidence available on record. Hence, he seeks to
dismiss the appeals filed by the claimants.
5. I have heard the arguments of learned counsel for the
respective parties and meticulously perused the material
available on record.
6. These claim petitions are arising out of the road
accident dated 21.06.2019, when the claimants were travelling
in a auto rickshaw bearing Registration No.KA-34/9483, at that
time, they met with a road accident and two of the claimants
sustained grievous injuries and one of the claimants dependent
died in the said accident. Insofar as the quantum of
compensation is concerned in MVC No.757/2019, the
appellant/claimant was examined PW4 who entered the witness
box and deposed that the appellant/injured has suffered
disability to the extent of 25%. However, the Tribunal has
incorrectly refused to believe the evidence of the said doctor on
the ground that he has neither a Neurologist nor an
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
Anthropologist. This Court meticulously perused the oral
testimony of PW4 and the other medical evidence available on
record, which indicates that the appellant/injured has sustained
skull fracture lateral wall of right orbit. Taking note of the oral
testimony of PW4, Discharge Summary at Ex.P14, Disability
Certificate and the other medical evidence available on record,
this Court assess the disability of the injured/appellant at 9%.
Admittedly, the appellant has not placed any evidence with
regard to the income. Hence, the appellant/injured is entitled to
notional income of Rs.13,250/- per month placing reliance on
the notional income chart prepared by the Karnataka State
Legal Services Authority. The Aadhar Card of the
appellant/injured on record clearly indicates that the appellant
is aged about 36 years as on the date of accident and the
appropriate multiplier would be 15. Thus, the
appellant/claimant would be entitled to modified compensation
on the head of future income due to disability:
Rs.13,250 x 12 x 15 x 9% = Rs.2,14,650/-
7. The appellant is also entitled to an additional sum of
Rs.10,000/- under the head of pain and suffering. The
appellant is entitled to Rs.30,000/- under the head of loss of
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
amenities and Rs.39,750/- under the head of loss of income
during laid-up period. The appellant is also entitled to
Rs.15,000/- under the head of food and nourishment,
conveyance charges and attendant charges. The
appellant/injured would be entitled to total compensation on
the following heads:
Particulars Amount
(in Rs.)
Pain and sufferings 35,000/-
Loss of future income due to disability 2,14,650/-
Loss of amenities 30,000/-
Loss of income during laid-up period 39,750/-
Food & nourishment, conveyance charges 15,000/-
and attendant charges
Medical expenses 49,285/-
Total 3,83,685/-
Thus, the claimant in MFA No.100838/2023 (MVC
No.757/2019) would be entitled to total compensation of
Rs.3,83,685/- as against Rs.74,285/- awarded by the
Tribunal. The enhanced compensation shall carry interest at the
rate of 6% per annum from the date of petition till realization.
8. Insofar as MFA No.100833/2023 (MVC No.755/2019)
is concerned, the appellant/claimant has sustained simple
injuries. Taking note of the medical evidence available on
record, this Court awarded additional sum of Rs.14,000/- as a
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
global compensation. Thus, the appellant/claimant would be
entitled to global compensation of Rs.25,000/- as against
Rs.11,000/- awarded by the Tribunal along with interest at the
rate of 6% per annum.
9. In MFA No.100852/2023 (MVC No.756/2019), this
Court taking note of the fact that the deceased Mahantesh was
aged about 22 years and was working as a mason. Considering
the same, this Court reassess the income of the deceased
Mahantesh notionally at Rs.13,250/- per month and adding
40% of the assessed income towards the personal and living
expenses of the deceased, as he was a bachelor. Thus, the
appellants/claimants would be entitled to compensation under
the head of loss of dependency:
Rs.13,250 + 40% x 12 x 18 - 50% = Rs.20,03,400/-
10. The appellants are also entitled to Rs.44,000/- each
including 10% escalation under the head of loss of consortium.
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 including
10% escalation. Thus, the claimants would be entitled to total
compensation on the following heads:
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MFA No. 100838 of 2023
C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
Particulars Amount
(in Rs.)
Loss of dependency 20,03,400/-
Loss of consortium (44,000 x 3) 1,32,000/-
Loss of estate 16,500/-
Transportation of dead body and funeral 16,500/-
expenses
Total 21,68,400/-
Thus, the claimants in MFA No.100852/2023 (MVC
No.756/2019) would be entitled to total compensation of
Rs.21,68,400/- as against Rs.15,24,600/- awarded by the
Tribunal. The enhanced compensation shall carry interest at the
rate of 6% per annum from the date of petition till realization.
11. In the result, this Court proceeds to pass the
following:
ORDER
a) All the appeals are allowed in part.
b) The common impugned judgment and
award of the Tribunal is modified to an
extent that the claimant/injured in MVC
No.757/2019 would be entitled to total
compensation of Rs.3,83,685/- as
against Rs.74,285/- awarded by the
Tribunal; the claimant/injured in MVC
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C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
No.755/2019 would be entitled to global
compensation of Rs.25,000/- as against
Rs.11,000/- awarded by the Tribunal; the
appellants/claimants in MVC No.756/2019
would be entitled to total compensation of
Rs.21,68,400/- as against
Rs.15,24,600/- awarded by the Tribunal.
c) The enhanced compensation amount in all
the appeals shall carry interest at the rate
of 6% per annum from the date of
petitions till the date of payment.
d) The appellant/Insurance Company shall
deposit the enhanced compensation
amount in all the appeals filed by the
claimants with accrued interest before the
Tribunal within a period of six weeks from
the date of receipt of certified copy of this
judgment.
e) On such deposit, the same shall be
released in favour of the respective
appellants/claimants.
f) The apportionment, deposit and
disbursement of enhanced compensation
shall be made as per award of the
Tribunal.
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C/W MFA No. 100833 of 2023, MFA No.
100852 of 2023
g) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
