Karnataka High Court
Javaraiah vs Umeshgowda M R on 5 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14272
MFA No. 5258 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.5258 OF 2014(MV-D)
BETWEEN:
1. JAVARAIAH
S/O ERAIAH,
AGED ABOUT 58 YEARS,
2. DYAVAMMA
W/O. JAVARAIAH,
AGED ABOUT 53 YEARS,
3. NEELAVATHI @ LEELAVATHI
W/O. MANJUNATH,
AGED ABOUT 32 YEARS,
4. RAMESH
S/O. JAVARAIAH,
AGED ABOUT 30 YEARS,
ALL ARE R/O GULLENAHALLI VILLAGE,
Digitally signed by SALAGAME HOBLI, HASSAN TALUK,
THEJASKUMAR N
HASSAN DISTRICT-573 201.
Location: HIGH
COURT OF
KARNATAKA PRESENT ADDRESS:
C/O. JAYAMMA
W/O. THAMMANNA,
AMBEDKAR NAGAR,
BALLUPET,
SAKALESHPUR TALUK,
HASSAN DISTRICT-573 201.
...APPELLANTS
(BY SRI. NINGARAJA.M.N., ADVOCATE)
-2-
NC: 2024:KHC:14272
MFA No. 5258 of 2014
AND:
1. UMESHGOWDA.M.R.
S/O. M.R.RANGAPPA,
M/S. SWAMY AND SWAMY TRAVELS,
VIDYANAGAR, SIRA TOWN,
SIRA TALUK,
TUMKUR DISTRICT-572 137.
2. THE MANAGING DIRECTOR,
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
NEW NO.3, OLD NO.2, 2ND FLOOR,
KHADER NAWAZ KHAN ROAD,
NUNGAMBAKKAM, CHENNAI-600 006.
REPRESENTED BY THE MANAGER,
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
ENJOY, 2ND FLOOR, G.L.B.ROAD,
CHAMARAJAPURAM, MYSORE-570 005.
3. RAAGHU @ RAGHU
DEAD BY LR'S,
3(A) CHANDRAPPA,
AGED ABOUT 51 YEARS,
3(B) GIRIJA
W/O. CHANDRAPPA,
AGED ABOUT 45 YEARS,
3(C) RAKESH
S/O CHANDRAPPA,
AGED ABOUT 20 YEARS,
R3(A-C) ARE R/O BEHIND GOVT PRIMARY SCHOOL,
PEENYA, BANGALORE-560 058.
4. THE MANAGING DIRECTOR
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD.,
G.E. PLAZA, AIRPORT ROAD,
YARAWADA PUNE-411006.
REPRESENTED BY
THE MANAGER,
BAJAJ ALLIANCE, SEETHAVILAS ROAD,
SHRIHARI SANKEERNA,
-3-
NC: 2024:KHC:14272
MFA No. 5258 of 2014
MYSORE-570 024.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:09.02.2015;
BY SRI. C.R.RAVISHANKAR., ADVOCATE FOR
SRI. SRI.K.SURYANARAYANA RAO., ADVOCATE FOR R2;
SMT. H.R.RENUKA., ADVOCATE FOR R4;
NOTICE TO R3(A-C)HELD SUFFICIENT V/O DATED:06.08.2021)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:22.10.2013
PASSED IN MVC NO.691/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE, JMFC, MACT, SAKALESHPUR.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Ningaraja.M.N., learned counsel for the appellants has
appeared in person.
2. The claimants have assailed the Judgment of the
Tribunal in this appeal on several grounds as set-out in the
Memorandum of appeal.
3. 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.
4. The point that requires consideration is whether the
claimants are entitled for enhanced compensation.
NC: 2024:KHC:14272
5. The Claimants appeal is one for enhancement of
compensation. 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.5,28,000/- (Rupees Five Lakh Twenty Eight Thousand
only) towards Loss of dependency. It is contended that the
deceased bachelor and was working in a Garment Factory and
was earning Rs.8,500/- (Rupees Eight Thousand Five Hundred
only) per month. The age of the deceased was 26 years as on
the date of accident, hence the multiplier 17 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.
8,500 X 40% = 3,400
8,500 + 3,400 = 11,900
11,900 divided by 2 = 5,950
11,900 - 5,950 = 5,950
5,950 x 12 x 17 = 12,13,800/- Rs.12,13,800/-
NC: 2024:KHC:14272
In the present case, the deceased left behind father,
mother, sister and brother. 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.
6. Accordingly, this Court re-determines the
compensation as under:-
NC: 2024:KHC:14272
1. Towards loss of 12,13,800 Rs.12,13,800/-
dependency
2. Towards loss of 1,92,000 Rs.1,92,000/-
Consortium
3. Loss of estate & 33,000 33,000/-
transportation of dead
body and funeral and
obsequies.
Total: Rs.14,38,800/-
Less: Compensation awarded by the - Rs.5,93,000/-
Tribunal
Enhanced compensation: Rs.8,45,800/-
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:22.10.2013
passed by the Court of Senior Civil Judge &
M.A.C.T., Sakaleshpur in M.V.C No.691/2012 is
modified to the extent stated hereinabove.
2. The claimants are entitled for enhanced
compensation of Rs.8,45,800/- (Rupees Eight Lakh
Forty Five Thousand Eight Hundred only) with 6%
interest per annum from the date of the claim
petition till the date of realization.
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3. The second respondent Insurance
Company is directed to deposit 50% of the
enhanced compensation amount with 6% interest
and the fourth respondent Insurance Company is
directed to deposit another 50% of the enhanced
compensation with 6% interest within a period of
two months from the date of receipt of the certified
copy of this Judgment.
4. Needless to observe that the claimants
are not entitled for the interest for delayed period.
5. The Registry to draw the modified award
accordingly.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
