Karnataka High Court
Smt Kalakavva W/O Chandalingappa ... vs Sri. Mahindragouda S/O ... on 4 April, 2024
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NC: 2024:KHC-D:6162
MFA No. 101915 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101915 OF 2021 (MV)
BETWEEN:
1. SMT. KALAKAVVA
W/O. CHANDALINGAPPA GUTTEPPANAVAR
AGE: 59 YEARS, OCC: COOLIE WORK,
R/O. JAVALIGALLI SIRSI, TQ: SIRSI,
DIST: UTTARA KANNADA.
2. SRI. CHANDALINGAPPA
S/O. BASAPPA GUTTEPPANAVAR,
AGE: 64 YEARS, OCC: NIL,
R/O. JAVALIGALLI SIRSI, TQ: SIRSI,
DIST. UTTARA KANNADA.
3. SMT. ANURADHA W/O. SANTHOSH DESPANDE,
AGE: 31 YEARS, OCC: COOLIE WORK,
R/O. BANK COLONY, MRUTHUNJAYA NAGAR,
Digitally signed by RANEBENNUR, DIST: HAVERI.
JAGADISH T R
Location: HIGH 4. KUMARI ERAMMA
COURT OF D/O. CHANDALINGAPPA GUTTEPPANAVAR,
KARNATAKA AGE: 27 YEARS, OCC: COOLIE WORK,
R/O. JAVALIGALLI IN SIRSI,
DIST. UTTARA KANNADA.
5. KUMAR ANANDA
S/O. CHANDALINGAPPA GUTTEPPANAVAR,
AGE: 24 YEARS, OCC: STUDENT,
R/O. JAVALIGALLI SIRSI,
DIST: UTTARA KANNADA.
6. KUMARI MADHURA
D/O. CHANDALINGAPPA GUTTEPPANAVAR,
AGE: 17 YEARS, OCC: STUDENT,
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NC: 2024:KHC-D:6162
MFA No. 101915 of 2021
SINCE MINOR RETD. BY HER N/G
MOTHER APPELLANT NO 1,
R/O. JAVALIGALLI SIRSI,
DIST: UTTARA KANNADA.
...APPELLANTS
(BY SRI. ANJANEYA M, ADVOCATE)
AND:
1. SRI. MAHINDRAGOUDA
S/O. PARAMESHWARAGOUDA PATIL,
(M.P.PATIL), AGE: MAJOR,
OCC: BUSINESS,
R/O. MUDENUR VILLAGE,
RANEBENNUR TALUK,
DIST. HAVERI-581112.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI- 580029.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 27.02.2020 PASSED
IN MVC NO.1173/2017 ON THE FILE OF THE III ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, RANEBENNUR, 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:
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NC: 2024:KHC-D:6162
MFA No. 101915 of 2021
JUDGMENT
This appeal is filed by the claimants seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 27.02.2020 passed in
MVC.No.1173/2017 by the III Addl. Sr.Civil Judge &
AMACT., Ranebennur (for short, 'Tribunal').
2. Heard Sri.Anjaneya M., learned counsel
appearing for the appellants/claimants and
Sri.N.R.Kuppellur, learned counsel appearing for the
respondent No.2/Insurance Company.
3. Learned counsel appearing for the
appellants/claimants submits that the Tribunal has
committed grave error in assessing the income of the
deceased, hence, he seeks to reassess the same by
considering the fact that the deceased was a bright 5th
Semester engineering student. He submits that the entire
compensation awarded by the Tribunal is on the lower
side, hence, he seeks to reassess the same and seeks to
allow the appeal.
NC: 2024:KHC-D:6162
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that, the award of compensation by the Tribunal
on all the heads is just and proper, which does not call for
enhancement. Thus, he seeks to dismiss the appeal.
5. I have heard the arguments of the learned
counsel appearing for the appellants/claimants and the
learned counsel appearing for the respondent
No.2/Insurance Company. Meticulously perused the
material available on record.
6. It is not in dispute that one Sri.Basavaraj
Gutteppanavar, son of the appellant No.1 met with a road
accident on 12.03.2017 and succumbed to the injuries.
The material available on record indicates that the
deceased Basavaraj was aged about 20 years at the time
of the accident and he was pursuing 5th Semester
Batchelor in Engineering course. Taking note of his
academic background, his merits and future prospects,
NC: 2024:KHC-D:6162
this Court reassesses the income of the deceased at
Rs.18,000/- per month for the purpose of determination of
compensation. There is no dispute with regard to the
multiplier, future prospects and deduction of personal
expenses for the purpose of determining the compensation
under the head of loss of dependency. Thus, the claimants
would be entitled to modified compensation on the head of
loss of dependency as under:
Rs.18,000 + 40% x 12 x 18 x 50% = Rs.27,21,600/-.
7. Insofar as the award of compensation under the
heads of 'loss of consortium', 'loss of estate' and
'transportation of dead body and funeral expenses' is
concerned, the appellants/claimants are entitled to
Rs.44,000/- each under the head of 'loss of consortium',
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'. Thus, the claimants would be
entitled to modified compensation on the following heads:
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Particulars Amount
(in Rs.)
Loss of dependency 27,21,600/-
Loss of estate 16,500/-
Transportation of dead body and 16,500/-
funeral expenses
Loss of consortium (Rs.44,000 X 6 2,64,000/-
dependants)
Total 30,18,600/-
Thus, the claimants would be entitled to total
compensation of Rs.30,18,600/- as against
Rs.13,32,600/- awarded by the Tribunal.
8. In the result, this Court proceeds to 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.30,18,600/- as
against Rs.13,32,600/- awarded by the
Tribunal.
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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 No.2 /Insurance Company
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) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
f) Registry to transmit the records, if any, to
the Tribunal, forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
