Karnataka High Court
Kavitha vs V S Naveen on 3 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13614
MFA No. 2190 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.2190 OF 2013(MV-D)
BETWEEN:
1. KAVITHA
W/O LATE RAVIKUMAR,
AGED ABOUT 31 YEARS,
2. R.SACHIN
S/O LATE RAVIKUMAR,
AGED ABOUT 14 YEARS,
3. R.SINDHUSHREE
S/O LATE RAVIKUMAR,
AGED ABOUT 10 YEARS,
SINCE APPELLANTS NO.2 AND 3
ARE MINORS REPRESENTED BY
GUARDIAN MOTHER APPELLANT NO.1.
Digitally signed by
THEJASKUMAR N
Location: HIGH 4. PUTTASWAMYGOWDA
COURT OF S/O SHIVEGOWDA,
KARNATAKA
AGED ABOUT 71 YEARS,
ALL ARE R/O NUGGEHALLI CROSS,
TOTADAMNE,
CHANARAYAPATNA TALUK,
HASSAN DISTRICT-573 202.
...APPELLANTS
(BY SRI. Y.S.MURUGENDRA., ADVOCATE)
-2-
NC: 2024:KHC:13614
MFA No. 2190 of 2013
AND:
1. V.S.NAVEEN
S/O LATE SHIVARAMEGOWDA,
AGED ABOUT 36 YEARS,
NO.421, GANA RESIDENCY,
KUMARASWAMY LAYOUT,
BANGALORE-78.
2. THE NATIONAL INSURANCE CO. LTD.,
DIVISION NO.10, FLAT NO.101-106,
N1 BMC HOUSE, CONNAUGHT PLACE
NEW DELHI.
REPRESENTED BY
THE NATIONAL INSURANCE CO.LTD.,
MANJUNATHA COMPLEX,
BUS STAND ROAD, HASSAN.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:16.02.2015;
BY SRI. L.SREEKANTA RAO., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:01.10.2012
PASSED IN MVC NO.423/2011 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-1, CHANNARAYAPATNA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Y.S.Murugendra., learned counsel for the appellants
and Sri.L.Sreekanta Rao., learned counsel for respondent
No.2 have appeared in person.
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2. Though the appeal is listed today for admission, it
is heard finally.
3. The claimants have preferred the captioned
appeal seeking enhancement of the compensation.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal
papers and also the records with utmost care.
5. The point that would arise for consideration is
whether the Claimants are entitled for enhanced
compensation.
6. The Claimants' appeal is one for enhancement of
compensation and modification of the judgment. The
grounds urged in the present appeal is that the
compensation awarded by the Tribunal is meager.
It is noticed that the Tribunal has awarded
compensation of Rs.5,40,000/- (Rupees Five Lakhs Forty
Thousand only) towards Loss of dependency. It is contended
that the deceased was working as Painting work, milk
vending and agriculture and was earning Rs.10,000/-
NC: 2024:KHC:13614
(Rupees Ten Thousand only) per month. However, there is
no proof of income. In the absence of any proof of income,
the chart prepared by the Legal Service Authority must be
taken into consideration.
As per the chart, the salary of the deceased must be
taken as Rs.6,500/- (Rupees Six Thousand Five Hundred
only) per month, if the accident is occurred in the year 2011.
The age of the deceased was aged between 36 to 40 years
as on the date of accident, hence the multiplier 15 is to be
adopted. Hence, the amount towards the loss of dependency
is as under:
CALCULATION OF LOSS OF DEPENDENCY
Future prospects:
It is taken into consideration at 40% as per chart because
the age of deceased is below 40 years.
6,500 X 40% = 2,600
6,500 + 2,600 = 9,100
9,100 divided by 4 = 2,275
9,100 - 2,275 = 6,825
6,825 x 12 x 15 = 12,28,500/- Rs.12,28,500/-
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In the present case, the deceased left behind his
father, wife, son and daughter. Hence, they are entitled to
compensation under the head "Loss of consortium". In view
of law laid down by the Apex Court in PRANAY SETHI's
case, the interest should be considered to the loss of
consortium at the rate of 10% per annum for every three
years.
40,000 X 10/100 X 2 = Rs.8,000/-
40,000 + 8,000 = Rs.48,000/-
Rs.48,000/- X 4 = Rs.1,92,000/-.
Therefore, the claimants are entitled for compensation
of Rs.1,92,000/- (Rupees One Lakh Ninety Two Thousand
only) towards loss of consortium.
This Court deems it appropriate to award Rs.33,000/-
(Rupees Thirty Three Thousand only) towards loss of estate
and transportation of the dead body, funeral and obsequies
ceremonies.
7. Accordingly, this Court re-determines the
compensation as under:-
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1. Towards loss of 12,28,500 Rs.12,28,500/-
dependency
2. Towards loss of 1,92,000 Rs.1,92,000/-
Consortium
3. Loss of estate & 33,000 Rs.33,000/-
transportation of dead
body and funeral and
obsequies.
Total: Rs.14,53,500/-
(Less) Compensation awarded by the Rs.6,00,000/-
Tribunal:
Enhanced compensation awarded by Rs.8,53,500/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:01.10.2012
passed by the Court of the Fast Track Court at
Channarayapatna in M.V.C No.423/2011 is
modified to the extent stated hereinabove.
2. The claimant is entitled for enhanced
compensation of Rs.8,53,500/- (Rupees Eight
Lakhs Fifty Three Thousand Five Hundred only)
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with 6% interest per annum from the date of the
claim petition till the date of realization.
3. The second respondent - Insurance
Company is directed to deposit enhanced
compensation amount along with 6% interest
within a period of two months from the date of
receipt of the certified copy of this Judgment.
4. The Registry to draw the modified
award accordingly.
5. Office is directed to transmit the
original records to the concerned Tribunal
forthwith.
Sd/-
JUDGE
MRP
