Karnataka High Court
Smt.Shantamma vs Prashant Gangannavar And Anr on 2 April, 2024
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NC: 2024:KHC-K:2748
MFA No. 200170 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.200170 OF 2019 (MV-D)
BETWEEN:
SMT. SHANTAMMA W/O NINGAPPA,
AGED ABOUT 45 YEARS,
OCC: HOUSEHOLD,
R/O VILLAGE ANABI,
TQ: SHAHAPUR, DIST: YADGIR,
NOW RESIDING AT VILLAGE SANNUR,
TQ. & DIST: KALABURAGI.
...APPELLANT
(BY SRI DESHPANDE G.V., ADVOCATE)
AND:
Digitally 1. PRASHANT GANGANNAVAR S/O MANOHAR,
signed by
SACHIN AGE: MAJOR, OCC: BUSINESS & OWNER
Location:
HIGH COURT TRUCK BEARING REG.NO.KA-22-C-1087,
OF
KARNATAKA R/O RAJKAMAL TRANSPORT,
SAROJ BUILDING, PLOT NO.1448,
RAMATEERTHA NAGAR, BELGAUM-590 001.
2. THE LEGAL MANAGER,
ROYAL SUNDARAM GENERAL INSURANCE CO. LTD.,
D.NO.3, PLOT NO.40 & 41, MAHANT ARCADE,
MAHANT NAGAR, KALABURAGI-585 103.
...RESPONDENTS
(SRI SUDARSHAN M., ADVOCATE FOR R-2;
V/O DTD. 02.04.2024 NOTICE TO R-1 DISPENSED WITH)
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MFA No. 200170 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 27.08.2018
PASSED BY THE PRL. SENIOR CIVIL JUDGE AND MACT,
KALABURAGI IN MVC NO.114/2018 AND CONSEQUENTLY
ENHANCE THE COMPENSATION FROM RS.9,85,252/- TO
RS.15,00,000/- WITH INTEREST @ 12% PER ANNUM FROM
THE DATE OF PETITION TILL ACTUAL REALIZATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Deshpande G.V., learned counsel for the
appellant as well as Sri Sudarshan M., learned counsel
appearing for respondent No.2. Notice to respondent No.1
stood dispensed with.
2. Seeking a higher sum as compensation, the
appellant is challenging the order that is rendered by the
Motor Accident Claims Tribunal, Kalaburagi in MVC
No.114/2018 dated 27.08.2018.
3. On the ground that her husband Ningappa died
in a road traffic accident that occurred on 18.05.2017, that
the said accident occurred due to the rash and negligent
driving of the driver of the first respondent, that the
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offending vehicle was insured with the second respondent,
and therefore, both of them are liable to pay
compensation to a tune of Rs.25,00,000/-, the appellant
filed an application before the Motor Accident Claims
Tribunal, Kalaburagi.
4. The Tribunal by subjecting the evidence of PW.1
and Exs.P1 to P10 to scrutiny, came to a conclusion that
the appellant is entitled to a sum of Rs.9,85,252/- as
compensation.
5. Sri Deshpande G.V., learned counsel for the
appellant submits that the deceased Ningappa was earning
Rs.15,000/- per month as an agricultural labourer by the
date of accident, but the Tribunal took the notional income
as Rs.8,000/- per month, which is highly unjustifiable.
Learned counsel thereby seeks for enhancement of the
income and thereby award a just compensation.
6. Undisputed fact is that, the State Legal Services
Authority is taking the notional income of the effected
party i.e., the earning member as Rs.10,250/- per month
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in respect of the accidents that occurred in the year 2017.
Therefore, this Court is of the view that the said figure i.e.,
Rs.10,250/- is required to be taken as notional income of
the deceased Ningappa for the purpose of calculating loss
of dependency.
7. As rightly contended, the Tribunal failed to add
future prospects. Admittedly, the deceased Ningappa died
at the age of 50 years. Therefore, as per the decision of
the Hon'ble Apex Court in the case of National
Insurance Company Limited vs. Pranay Sethi and
Others reported in (2017) 16 SCC 680, 25% of the
earnings have to be added towards future prospects. Also,
50% of the income has to be deducted towards personal
and living expenses, which the deceased Ningappa would
have incurred for himself had he been alive, as the
dependent is only one. The appropriate multiplier would be
'13'. On applying aforementioned parameters, the
compensation which the appellant is entitled to under the
head 'loss of dependency' would be as under:
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Monthly income Rs.10,250/-
Add 25% towards future prospects Rs.12,812.5/-
Annual income Rs.1,53,750/-
Deduction of 50% towards personal and living Rs.76,875/-
expenses
Applying multiplier '13' Rs.9,99,375/-
Thus, the loss of dependency comes to
Rs.9,99,375/-.
8. Together with the said amount, the appellant is
also entitled to Rs.15,000/- towards loss of estate,
Rs.15,000/- towards funeral expenses and Rs.40,000/-
towards spousal consortium.
9. Thus, the compensation which the appellant is
entitled to would be as under:
Compensation Compensation
Sl.
Heads awarded by the awarded by this
No.
Tribunal Court
1. Loss of dependency Rs.9,15,252/- Rs.9,99,375/-
2. Loss of estate Rs.15,000/- Rs.15,000/-
3. Funeral expenses Rs.15,000/- Rs.15,000/-
4. Loss of consortium Rs.40,000/- Rs.40,000/-
Total Rs.9,85,252/- Rs.10,69,375/-
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10. In the light of the aforementioned discussion,
the following:
ORDER
i) The appeal is allowed in part.
ii) The amount awarded as compensation by the
Motor Accident Claims Tribunal, Kalaburagi
through orders in MVC No.114/2018 dated
27.08.2018 is enhanced from Rs.9,85,252/-
to Rs.10,69,375/-.
iii) The enhanced amount shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit.
iv) The second respondent is directed to deposit
the enhanced amount with interest within a
period of eight weeks from the date of receipt
of a copy of this judgment.
v) On such deposit, the appellant is permitted to
withdraw the entire amount.
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vi) Time for one week is granted to Sri Sudarshan
M., learned counsel for respondent No.2 to file
vakalath.
Sd/-
JUDGE
LG
