Karnataka High Court
Smt Shivamma W/O Kumarappa vs M Raghunath S/O Murugeshappa on 4 April, 2024
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NC: 2024:KHC-D:6145
MFA No. 100231 of 2023
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. 100231 OF 2023 (MV-D)
BETWEEN:
1. SMT. SHIVAMMA W/O. KUMARAPPA,
AGE: 45 YEARS, OCC: COOLIE,
R/O. ADAGANTI VILLAGE, TQ: SHIKARIPURA,
NOW RESIDING AT KURUBAGERI,
RANEBENNUR-581115,
TQ: RANEBENNUR, DIST: HAVERI.
2. MANJUNATH S/O. KUMARAPPA,
AGE: 25 YEARS, OCC: COOLIE,
R/O. ADAGANTI VILLAGE, TQ: SHIKARIPURA,
NOW RESIDING AT KURUBAGERI,
RANEBENNUR-581115,
Digitally signed
by ROHAN TQ: RANEBENNUR, DIST: HAVERI.
HADIMANI T
Location: HIGH
COURT OF
KARNATAKA 3. KUM. PURNIMA D/O. KUMARAPPA,
AGE: 23 YEARS, OCC: COOLIE,
R/O. ADAGANTI VILLAGE, TQ: SHIKARIPURA,
NOW RESIDING AT KURUBAGERI,
RANEBENNUR-581115, TQ: RANEBENNUR,
DIST: HAVERI.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
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NC: 2024:KHC-D:6145
MFA No. 100231 of 2023
AND:
1. M. RAGHUNATH
S/O. MURUGESHAPPA,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. RAGHAVENDRA BHAVAN,
2ND CROSS, SHIKARIPUR,
TQ: SHIKARIPUR- 577201,
DIST: SHIVAMOGGA.
2. THE DIVISIONAL MANAGER,
UNITED INSURANCE CO. LTD,
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI-580023.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
17.09.2018 PASSED IN MVC NO.1266/2014 ON THE FILE OF THE
PRINCIPAL 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 ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6145
MFA No. 100231 of 2023
JUDGMENT
This appeal is filed by the claimants/appellants seeking
enhancement of compensation being aggrieved by the
judgment and award dated 17.09.2018 passed in MVC
No.1266/2014 on the file of Principal Senior Civil Judge &
MACT, Ranebennur (for short, 'Tribunal').
2. Heard Sri.Chandrashekhar.M.Hosamani learned
counsel appearing for the appellants/claimants and
Sri.S.S.Koliwad learned counsel appearing for the respondent
No.2/Insurance Company.
3. Learned counsel appearing for the appellants
submits that this appeal is filed by the claimants only on two
grounds, i.e., reassessment of income of the deceased-
Kumarappa and seeking for 10% escalation on the award of
compensation under the conventional heads. Hence, he seeks
to allow the appeal.
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the impugned
judgment and award of the Tribunal. Hence, he seeks to
dismiss the appeal.
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5. The parties to the proceedings do not dispute that
on 22.04.2014, the deceased-Kumarappa met with a road
accident and sustained grievous injuries and later he
succumbed to those injuries. Admittedly, the appellants have
not produced any cogent and acceptable evidence with regard
to the income of the deceased. This Court reassess the notional
income of the deceased Kumarappa at Rs.7,500/- per month
placing reliance on the notional income chart prepared by the
Karnataka State Legal Services Authority. There is no dispute
with regard to the deduction of 1/4th towards personal and
living expenses of the deceased, addition of 25% of the
assessed income towards future prospects and applicable
multiplier of 15. Thus, the claimants would be entitled to
modified compensation on the head of loss of dependency as
under:
Rs.7,500 +25% x 12 x 15 x 3/4 = Rs.12,65,625/-
6. The appellants are also entitled to Rs.44,000/-
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
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transportation of dead body and funeral expenses including
10% escalation.
7. Thus, the claimant would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 12,65,625/-
Loss of consortium (44,000 x 4) 1,76,000/-
Loss of estate 16,500/-
Transportation of dead body and 16,500/-
funeral expenses
Total 14,74,625/-
Thus, the claimants would be entitled to enhanced
compensation of Rs.14,74,625/- as against Rs.13,76,340/-
awarded by the Tribunal.
8. It is noticed that this Court vide order dated
06.02.2023, while condoning the delay of 783 days in filing the
appeal, made an observation that the appellants/claimants
would not be entitled for interest for the delayed period, in case
if they succeed in their appeal. Hence, the claimants would not
be entitled for the interest on the enhanced compensation for
the aforesaid delayed period.
9. In the result, this Court proceeds to pass the
following:
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ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of
the Tribunal is modified to an extent
that the claimant would be entitled to
total compensation of Rs.14,74,625/-
as against Rs.13,76,340/- awarded by
the Tribunal.
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 to pay the entire
compensation amount along with
interest to the appellants/claimants
within six weeks from the date of receipt
of certified copy of this judgment.
e) Needless to say that the claimants would
not be entitled to interest on the
enhanced compensation amount for a
period of 783 days. Registry to take note
of the same while drawing award.
f) The apportionment, deposit and
disbursement of enhanced compensation
shall be made as per award of the
Tribunal.
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g) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
