Karnataka High Court
Laxmibai And Ors vs Ashok And Anr on 4 April, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-K:2819-DB
MFA No.203349 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR.JUSTICE K V ARAVIND
MISCL. FIRST APPEAL NO.203349 OF 2023 (MV-D)
BETWEEN:
1. LAXMIBAI
W/O SHANMUKAPPA BHAVIKATTI
AGE: 62 YEARS
OCC: HOUSEHOLD WORK
R/O VANDAL, TQ: BASAVANA BAGEWADI
DIST : VIJAYAPURA - 586 201.
2. SHIVAPPA
S/O SHANMUKAPPA BHAVIKATTI,
AGE: 38 YEARS
OCC: AGRICULTURE WORK
Digitally signed by
BASALINGAPPA R/O VANDAL, TQ: BASAVANA BAGEWADI
SHIVARAJ
DHUTTARGAON DIST: VIJAYAPURA - 586 201.
Location: HIGH
COURT OF
KARNATAKA
3. SHANKREMMA
D/O SHANMUKAPPA BHAVIKATTI
AGE: 32 YEARS
OCC: HOUSEHOLD WORK
R/O VANDAL, TQ: BASAVANA BAGEWADI
NOW RESIDING AT "SHARANA NIVAS"
ADARSH NAGAR
VIJAYAPURA - 586 101.
...APPELLANTS
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
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NC: 2024:KHC-K:2819-DB
MFA No.203349 of 2023
AND:
1. ASHOK
S/O SHIVASHANKREPPA HALLAD
AGE: 31 YEARS
OCC: BUSINESS
R/O VANDAL, TQ: BASAVANA BAGEWADI
DIST : VIJAYAPURA - 586 201.
(OWNER OF THE TUM TUM
VEHICLE BEARING REG.NO.KA-28/9855)
2. THE BRANCH MANAGER
THE ORIENTAL INSURANCE CO. LTD.
BIDARI COMPLEX, FIRST FLOOR
S.S. FRONT ROAD
VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DATED 25.10.2023, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 07.10.2022 PASSED IN M.V.C.
NO.978/2018 ON THE FILE OF THE COURT OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.VI VIJAYAPURA AT
VIJAYAPRUA AND ALLOW THIS APPEAL TO ENHANCE THE
COMPENSATION AMOUNT BY RS.18,54,900/- ONLY AS
CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE COURT IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:2819-DB
MFA No.203349 of 2023
JUDGMENT
1. This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimants being aggrieved by
the judgment and award dated 07.10.2022 passed by the
I Additional Senior Civil Judge and MACT-VI, Vijayapura in
MVC No.978/2018.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 25.09.2017 at around 6.30 p.m., the
deceased Shanmukhappa and one Gurulingappa
Hattarkihal after completion of work in the land of
Shanmukhappa were coming towards Vandal Village on
motorcycle bearing registration No.KA-28/EN-8169 ridden
by the deceased and when they reached near the land of
Ramanna Doddappanavar on Unnibhavi-Vandal road, at
that time, a Tum Tum Autorickshaw bearing registration
No.KA-28-9855 which was being driven in a rash and
negligent manner, dashed against the motorcycle. As a
result of the aforesaid accident, the deceased sustained
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grievous injuries and succumbed to the injuries on
12.10.2017.
3. The claimants filed a petition under Section 166 of
the Act seeking compensation for the death of the
deceased along with interest.
4. On service of summons, the respondents appeared
through their respective counsel and filed written
statements denying the averments made in the claim
petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimants, in order to prove the case,
examined claimant No.2 as PW-1 and got exhibited
documents namely Ex.P1 to Ex.P12. On behalf of
respondents, neither any witness was examined nor
produced any documents. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
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place on account of rash and negligent driving of the
offending vehicle by its driver, as a result of which, the
deceased sustained injuries and succumbed to the injuries.
The Tribunal further held that the claimants are entitled to
a compensation of Rs.9,95,100/- along with interest at the
rate of 6% p.a. and directed the Insurance Company to
deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimants has raised the
following contentions:
a) Firstly, the claimants claim that the deceased was
aged about 64 years at the time of the accident and he
was earning Rs.15,000/- per month by doing agricultural
work. But the Tribunal is not justified in taking the
monthly income of the deceased as merely as
Rs.10,250/-.
b) Secondly, as per the judgment of the Hon'ble
Supreme Court in the case of MAGMA GENERAL
INSURANCE CO. LTD. -V- NANU RAM [2018 ACJ
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2782], claimant Nos.2 and 3 are also entitled for
compensation of Rs.44,000/- under the head of 'loss of
love and affection and consortium'.
c) Lastly, considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is on the lower side. Hence, he prays for allowing
the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has contended that even though the
claimants claim that the deceased was earning
Rs.15,000/- per month, the same is not established by the
claimants by producing documents. Therefore, the Tribunal
has rightly assessed the income of the deceased
notionally. Further, on appreciation of oral and
documentary evidence and considering the age and
avocation of the deceased, the overall compensation
awarded by the Tribunal is just and reasonable. Hence, he
prays for dismissal of the appeal.
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8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that Shanmukhappa Bhavikatti
died on 12.10.2017 in the road traffic accident occurred on
25.09.2017 due to rash and negligent driving of the
offending vehicle by its driver.
10. The claimants claim that deceased was earning
Rs.15,000/- per month. But they have not produced any
documents to prove the income of the deceased. The
Tribunal relying on the guidelines issued by the Karnataka
State Legal Services Authority, has rightly taken the
notional income at Rs.10,250/- for the accident taken
place in the year 2017. Further, the Tribunal has rightly
applied the multiplier and deducted 1/3rd of the income
towards personal expenses and awarded compensation of
Rs.5,74,056/- under the head of 'Loss of dependency'.
11. Further, the Tribunal relying on the judgment of the
Apex Court in the case of NATIONAL INSURANCE CO.
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LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017 SC
5157], has rightly awarded compensation of Rs.16,500/-
on account of 'loss of estate' and compensation of
Rs.16,500/- on account of 'funeral expenses' and
compensation of Rs.44,000/- under the head of 'loss of
spousal consortium'.
12. The compensation of Rs.3,44,000/- awarded by the
Tribunal under the head of 'medical expenses' is as per the
medical bills produced by the claimants. The same is just
and reasonable.
13. However, in view of the law laid down by the
Supreme Court in the case of 'MAGMA GENERAL
INSURANCE' (supra), even the claimant Nos.2 and 3,
children of the deceased are also entitled for compensation
of Rs.44,000/- each under the head of 'loss of parental
consortium'.
14. In the result, the following order is passed:
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ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimants are entitled to a compensation of
Rs.88,000/- in addition to the compensation of
Rs.9,95,100/- awarded by the Tribunal.
d) The Insurance Company is directed to deposit the
compensation amount along with interest at 6% p.a. from
the date of filing of the claim petition till the date of
realization, within a period of six weeks from the date of
receipt of copy of this judgment.
e) The apportionment, deposit and release of amount
shall be made in terms of the award of the Tribunal.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
