Karnataka High Court
Smt. Kavita W/O. Kallappa Shibaragatti vs The Managing Director And Self ... on 4 April, 2024
-1-
NC: 2024:KHC-D:6143
MFA No. 103078 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. 103078 OF 2023 (MV-D)
BETWEEN:
1. SMT. KAVITA W/O. KALLAPPA SHIBARAGATTI,
AGE: 26 YEARS, OCC: HOUSEHOLD WORK.
2. ANANYA D/O. KALLAPPA SHIBAAGATTI,
AGE: 4 YEARS, OCC: NIL.
3. SMT. NAGAVVA W/O. MAHADEVAPPA SHIBARAGATTI,
AGE: 60 YEARS, OCC: HOUSEHOLD,
ALL ARE R/O. A/P. CHIKKAMALLIGWAD VILLAGE,
TQ: DIST: DHARWAD, PINCODE-580007.
APPELLANT NO.2 IS MINOR R/BY MOTHER
I.E., APPELLANT NO.1.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR S. NAGASHETTI, ADVOCATE)
AND:
THE MANAGING DIRECTOR AND SELF
Digitally signed
INSURANCE FUND, NWKRTC,
by ROHAN
HADIMANI T
DHARWAD DIVISION OFFICE,
Location: HIGH DHARWAD, PINCODE-580002.
COURT OF
KARNATAKA
...RESPONDENT
(BY SRI. M C. HUKKERI, ADVOCATE)
THIS MFA FILED UNDER SECTION 173(1)OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
10.06.2022 PASSED IN MVC NO.396/2021 ON THE FILE OF THE III
ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE,
DHARWAD, 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:
-2-
NC: 2024:KHC-D:6143
MFA No. 103078 of 2023
JUDGMENT
This appeal is filed by the claimants/appellants
challenging the saddling of 25% liability on the deceased
Kallappa and seeking enhancement of compensation being
aggrieved by the Judgment and award dated 10.06.2022
passed in MVC No.396/2021 on the file of III Addl. District and
Sessions & SPL. Judge, Dharwad (for short, 'Tribunal').
2. Heard Sri.Chandrashekhar.S.Nagashetti learned
counsel appearing for the appellants/claimants and
Sri.M.C.Hukkeri learned counsel appearing for the
respondent/Corporation.
3. Learned counsel appearing for the appellants
submits that the Tribunal has committed an error in assessing
the income of the deceased Kallappa and he seeks to reassess
the same. He submits that the Tribunal has committed further
error in recording the finding that the deceased-Kallappa was
contributed to the accident in question to the extent of 25%.
He seeks to saddle the entire liability on the
respondent/Corporation on the ground that the charge sheet is
filed against the driver of the bus. Hence, he seeks to allow the
appeal.
NC: 2024:KHC-D:6143
4. Per contra, learned counsel appearing for the
respondent/Corporation supports the impugned judgment and
award of the Tribunal and submits that the appellants have not
placed any evidence with regard to the income of the deceased
Kallappa, hence, the Tribunal has rightly assessed the income.
He submits that insofar as finding of the contributory
negligence is concerned, the Tribunal after considering the
evidence available on record has recorded the categorical
finding that the deceased Kallappa - rider of the motorcycle
was drunk and caused the accident. Hence, he seeks to uphold
the finding on the contributory negligence.
5. I have heard the arguments of learned counsel
appearing for the respective parties. Perused the material
available on record.
6. It is not in dispute that in a road accident dated
10.07.2021, one Sri.Kallappa sustained grievous injuries and
he succumbed to those injuries. Admittedly, the appellants
have not placed any cogent and acceptable evidence with
regard to the income of the deceased. Hence, this Court
reassess the income of the deceased notionally at Rs.14,250/-
per month placing reliance on the notional income chart
NC: 2024:KHC-D:6143
prepared by the Karnataka State Legal Services Authority. In
the instant case, the deceased Kallappa was aged about 28
years as on the date of accident, hence, the claimants would be
entitled to an addition of 40% of the assessed income under
the head of loss of future prospects. There is no dispute with
regard to the deduction of 1/3rd towards personal and living
expenses of the deceased and applicable multiplier of 17. Thus,
the claimants would be entitled to modified compensation
under the head of loss of dependency:
Rs.14,250 + 40% x 12 x 17 x 2/3 = Rs.27,13,200/-
7. This Court reassess the compensation of the
appellants at Rs.40,000/- each under the head of loss of
consortium. The appellants are also entitled to Rs.15,000/-
under the head of loss of estate and Rs.15,000/- under the
head of transportation of dead body and funeral expenses.
8. Insofar as finding of the Tribunal with regard to the
contributory negligence is concerned, this Court on re-
appreciation of the entire evidence available on record is of the
considered view that the Tribunal has rightly come to the
conclusion that the deceased Kallappa- rider has contributed to
the accident to the extent of 25%. The aforesaid findings are
NC: 2024:KHC-D:6143
neither perverse nor contrary to the evidence available on
record. Hence, the respondent/Corporation is liable to pay only
75% of the total compensation.
9. Thus, the claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 27,13,200/-
Loss of consortium (40,000 x 3) 1,20,000/-
Loss of estate 15,000/-
Transportation of dead body and funeral 15,000/-
expenses
Total 28,63,200/-
Less : 25% Contributory Negligence 7,15,800/-
Total 21,47,400/-
Thus, the claimants would be entitled to enhanced
compensation of Rs.21,47,400/- as against Rs.14,51,700/-
awarded by the Tribunal. Insofar as contributory negligence
saddled on the appellants to an extent of 25% is unaltered.
10. It is noticed that this Court vide order dated
08.08.2023, while condoning the delay of 287 days in filing the
appeal, made an observation that the appellants/claimants
would not be entitled to an interest for the delayed period, in
case if they succeed in their appeal. Hence, the claimants would
not be entitled to the interest on the enhanced compensation
for the aforesaid delayed period.
NC: 2024:KHC-D:6143
11. 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 claimant would be entitled to
total compensation of Rs.21,47,400/-
as against Rs.14,51,700/- 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/Corporation 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) Needless to say that the claimants would
not be entitled to interest on the
enhanced compensation amount for a
period of 287 days. Registry to take note
of the same while drawing award.
f) The apportionment, deposit and
disbursement of enhanced compensation
NC: 2024:KHC-D:6143
shall be made as per award of the
Tribunal
g) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
