Karnataka High Court
Smt Lakshmi vs Sri Venkatesh on 5 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14268
MFA No. 7188 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.7188 OF 2014(MV-D)
BETWEEN:
1. SMT. LAKSHMI
W/O LATE KUMAR,
AGED ABOUT 40 YEARS,
2. KUMARI DIVYA
AGED ABOUT 13 YEARS,
SINCE THE 2ND APPELLANT IS MINOR
BEING REPRESENTED BY HER
MOTHER AND NATURAL GUARDIAN,
SMT. LAKSHMI-1ST APPELLANT
BOTH ARE RESIDING AT
TAMAKA VILLAGE, TAMAKA POST,
KOLAR TALUK, KOLAR DISTRICT.
PIN-563 101.
...APPELLANTS
Digitally signed by
(BY SRI. SRINATH., ADVOCATE FOR
PREMCHANDRA M R SRI. NANJUNDA GOWDA.M.R., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. SRI. VENKATESH
S/O BYRAPPA,
AGED ABOUT 42 YEARS,
R/AT TAMAKA VILLAGE AND POST,
KOLAR TALUK AND DISTRICT.
PIN-563 101.
2. M/S. UNITED INIDA
INSURANCE CO. LTD.,
BRANCH OFFICE,
-2-
NC: 2024:KHC:14268
MFA No. 7188 of 2014
FIRST FLOOR,
BAGALUR MANSION,
DODDAPET, KOLAR TOWN,
KOLAR TALUK & DISTRICT -563 101.
3. D.R.RAMESH BABU
S/O D.K.RAMAKRISHNA,
R/AT NO.24-4-807,
RPGT ROAD, HINDUPUR (A.P)
PIN:515 201.
4. M/S. THE ORIENTAL
INSURANCE CO. LTD.,
18-1-25, FIRST FLOOR,
T.T.COMPLEX, M.F.ROAD,
HINDUPUR (A.P.), PIN:515 201.
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
BY SRI. JANARDHAN REDDY., ADVOCATE FOR R2;
SRI. HARINI SHIVANANDA., ADVOCATE FOR R4;
NOTICE TO R3-DISPENSED WITH V/O DATED: 10.01.2018)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:10.09.2014
PASSED IN MVC NO.141/2009 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, MACT, KOLAR.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Srinath., learned counsel on behalf of Sri.Nanjunda
Gowda., for the appellants and Sri.Janardhana Reddy.,
learned counsel for respondent No.2 have appeared in
person.
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Smt.Harini Shivananda., learned counsel for
respondent No.4 has appeared through video conferencing.
Emergent Notice to the respondents was ordered on
28.01.2015. A perusal of office note depicts that respondent
No.1 is served and unrepresented. He has neither engaged
the services of an advocate nor conducted the case as party
in person.
2. For the sake of convenience, the parties are
referred to as per their status and ranking before the
Tribunal.
3. The claimants filed claim petition under Section
163(A) of the Motor Vehicles Act, 1988 seeking
compensation and urged several contentions. In response to
the notice, the respondents appeared through their counsel
and filed statement of objections denying the petition
averments. Among other grounds they prayed for dismissal
of the petition.
Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:10.09.2014 allowed the
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petition in part. The claimants have assailed the Judgment of
the Tribunal in this appeal on several grounds as set-out in
the memorandum of appeal.
4. 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.
5. The point that requires consideration is whether
the Judgment of the Tribunal requires interference.
6. The Claimant's appeal is one for enhancement of
compensation. The grounds urged in the present appeal are
mainly relating to the meager compensation awarded under
different heads by the Tribunal. It is noticed that the Tribunal
has awarded compensation of Rs.4,08,000/- (Rupees Four
Lakhs Eight Thousand only) towards Future Loss of Income.
Suffice it to note that the claim petition is filed under Section
163(A) of the Motor Vehicles Act. Hence, the income of the
deceased must be taken into consideration as Rs.40,000/-
(Rupees Forty Thousand) per annum. The age of the
deceased was 30 years as on the date of accident. As per the
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Schedule, the multiplier 18 is to be adopted. Hence, the
amount towards the loss of future income is as under:
CALCULATION OF LOSS OF FUTURE INCOME
40,000 divided by 3 = 13,333
40,000 - 13,333 = 26,667
26,667 X 18 = Rs.4,80,006/-. Rs.4,80,006/-
This Court deems it appropriate to award Rs.5,000/-
(Rupees Five Thousand only) towards funeral and obsequies
ceremonies.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Towards loss of future 4,80,006 Rs.4,80,006/-
income
2. Towards funeral and 5,000 Rs.5,000/-
obsequies
Total: Rs.4,85,006/-
(Less) Compensation awarded by the Rs.4,56,000/-
Tribunal:
Enhanced compensation awarded by Rs.29,006/-
this Court:
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8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:10.09.2014
passed by the Prl. Senior Civil Judge and MACT,
Kolar in M.V.C No.141/2009 is modified to the
extent stated hereinabove.
2. The claimant is entitled for enhanced
compensation of Rs.29,006/- (Rupees Twenty
Nine Thousand Six only) with 6% interest per
annum from the date of the claim petition till the
date of realization.
3. The second respondent - Insurance
Company is directed to deposit enhanced
compensation amount along with 6% interest
within a period of two months from the date of
receipt of the certified copy of this Judgment.
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4. The Registry to draw the modified
award accordingly.
5. Office is directed to transmit the
original records to the concerned Tribunal
forthwith.
Sd/-
JUDGE
MRP
