Karnataka High Court
Smt. Sukumari And Ors vs The Managing Director And Anr on 1 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5556
MFA No. 201707 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.201707 OF 2017 (MV-D)
BETWEEN:
1. SMT. SUKUMARI
W/O LATE RAMBABU,
AGE: 29 YEARS,
OCC: HOSUEHOLD WORK,
2. SANDYARANI
D/O LATE RAMBABU,
AGE: 8 YEARS 6 MONTHS,
OCC: NIL,
3. K.MASKARRAO
S/O RUDRAKASHALU,
AGE:57 YEARS, OCC: NIL,
Digitally signed
by SUMITRA 4. K.MANGAYAMMA
SHERIGAR W/O K.MASKARRAO,
Location: HIGH AGE: 54 YEARS,
COURT OF
KARNATAKA OCC: HOUSEHOLD WORK,
APPELLANT NO.2 IS MINOR
UNDER GUARDIAN OF
HER NATURAL MOTHER APPELLANT NO.1
SMT. SUKUMARI W/O RAMBABU
ALL ARE R/O. BAPUGOUDA NAGAR,
SHAHAPUR, OPP: KEB, SHAHAPUR,
DIST: YADGIR-585201.
...APPELLANTS
(BY SRI. BHEEMARAYA M. N., ADVOCATE)
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NC: 2024:KHC-K:5556
MFA No. 201707 of 2017
AND:
1. THE MANAGING DIRECTOR
M/S. VRL LOGISTICS LTD.,
GIRIRAJ ANNEXURE,
CIRCUIT HOUSE ROAD,
HUBLI-580035,
DIST: DHARWAD,
KARNATAKA STATE.
(OWNER OF THE VEHICLE)
2. THE ORIENTAL INSURANCE LTD.,
INDIAN MERCANTILE CHAMBERS,
IV FLOOR, 14TH R.KANNAMI MARG,
BALLARD ESTATE, MUMBAI-500038,
THROUGH ITS DIVISIONAL OFFICE,
BY THE DIVISIONAL MANAGER,
N.G. COMPLEX, 1ST FLOOR,
OPP: MINI VIDHANSOUDA,
MAIN ROAD, KALABURAGI-585102.
...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH;
SRI J. AUGUSTIN ADV. FOR R2)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 01.01.2009
PASSED IN MVC NO.437/2008 ON THE FILE OF THE COURT OF
CIVIL JUDGE (SR.DN) AND XII ADDL. MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL, SHORAPUR SITTING AT
SHAHAPUR AND ALLOW THIS APPEAL TO GRANT THE
COMPENSATION AMOUNT BY RS.5,14,400/-.
THIS APPEAL COMING ON HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-K:5556
MFA No. 201707 of 2017
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The appeal is filed seeking for enhancement of
compensation.
2. It is not in dispute that as a result of the motor
vehicle accident which occurred on 12.02.2008, at about
5.30 a.m. a 24 year old died.
3. It is not in dispute that the Insurer is liable to pay
the compensation as the offending vehicle was insured.
4. The Tribunal, on assessment of the evidence adduced
before it, has come to the conclusion that the driver of the
offending vehicle was responsible for the accident which
has resulted in the death of Rambabu. The Tribunal has
thereafter proceeded to award the following sums as
compensation:
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Sl. Amount
Heads of Compensation
No. (In Rs.)
1. Loss of Dependency 4,89,600/-
2. Loss of estate 5,000/-
3. Loss of love and affection 5,000/-
4. Loss of Consortium 2,000/-
5. Funeral expenses & 4,000/-
Transportation charges
Total 5,05,600/-
5. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income, notionally at
Rs.3,600/-. As there is no credible evidence to ascertain
the actual monthly income, it would be appropriate and
prudent to adopt the monthly income determined by
Karnataka State Legal Services Authority, which, for the
accident of the year 2008, would be Rs.4,250/-.
6. As the deceased was aged about 24 years, 40% of
the same (Rs.1,700/-) would have to be added to the said
income as future prospects (Rs.5,950/-).
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7. Out of the said sum, 1/4th (Rs.1,487/-) would have
to be deducted towards personal expenses of the
deceased. The net income will be Rs.4,463/-.
8. As the deceased was aged 24 years, a multiplier of
'17' will have to be applied. Consequently, the claimants
would be entitled to a sum of Rs.9,10,452/- (Rs.4,463/- x
12 x '17') towards "loss of dependency".
9. The claimants being the wife, minor daughter and
parents would each be entitled to a sum of Rs.44,000/-
towards "loss of consortium" i.e., Rs.1,76,000/- and they
would also be entitled to a sum of Rs.33,000/- under the
"conventional heads".
10. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
Sl. Amount
Heads of Compensation
No. (in Rs.)
1. Loss of Dependency 9,10,452/-
2. Loss of Consortium 1,76,000/-
3. Conventional Head 33,000/-
Total 11,19,452/-
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11. Thus, the claimants would be entitled for
compensation of Rs.11,19,452/- as against
Rs.5,05,600/- awarded by the Tribunal, along with interest
at the rate of six per cent per annum from the date of
petition till its realization except for the delay period of
3083 days in filing the appeal.
12. The Insurance Company is directed to deposit the
amount of compensation awarded along with interest
within a period of eight weeks from the date of receipt of a
certified copy of this judgment.
13. The deposit and release of the enhanced
compensation amount shall be made as per the ratio
adopted by the Tribunal.
14. The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
SN
