Karnataka High Court
The Manager vs Smt Ranjitha on 6 August, 2024
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NC: 2024:KHC:31106
MFA No. 6984 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.6984 OF 2022(MV-D)
BETWEEN:
THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
P. B. NO.237, 34/3,
AKKAMAHADEVI ROAD,
M M COMPLEX, P. J. EXTENSION,
DAVANAGERE-577 002.
Digitally signed by ...APPELLANT
AASEEFA PARVEEN
Location: HIGH (BY SRI. RAVISH BENNI, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. SMT. RANJITHA,
W/O LATE BASAVARAJAPPA
AGED ABOUT 28 YEARS
OCC-HOUSEWIFE,
2. BHOOMIKA M B,
D/O LATE BASAVARAJAPPA
AGED MINOR,
3. VISHESH M B
S/O LATE BASAVARAJAPPA
AGE MINOR
2ND AND 3RD RESPONDENTS ARE
MINORS, REPRESENTED BY
THEIR NATURAL GUARDIAN - MOTHER
1ST RESPONDENT, SMT. RANJITHA,
W/O LATE BASAVARAJAPPA
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NC: 2024:KHC:31106
MFA No. 6984 of 2022
4. SMT. SHIVAMMA
W/O SHANMUKAPPA
AGED ABOUT 73 YEARS
RESPONDENT NO.1 TO 4 ARE
RESIDENT OF NEAR KADI HALAMMA TEMPLE,
MAHADEVANAKATTE VILLAGE
CHITRADURGA TALUK AND DISTRICT
PINCODE-577 555.
5. SRI DATTATREYA
W/O KUNTE VENKATESH
AGE MAJOR
RC OWNER OF SWIFT VDI CAR
BEARING REG NO.KA-15 M-5734
CLOTH MERCHANT,
STYLE CHEK, ASHOKA ROAD
SAGARA, SHIVAMOGGA DISTRICT-577401
...RESPONDENTS
(BY SRI. SHIVAKUMARAPPA T, C., ADVOCATE FOR R1 TO R4;
(R2 AND R3 ARE MINORS REP. BY R1)
V/O. DATED 17.10.2022,
NOTICE TO R5 IS DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.01.2022 PASSED IN
MVC NO.510/2019 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE, MACT-V, CHITRADURGA, AWARDING
COMPENSATION OF RS.29,96,000/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
THIS APPEAL COMING ON FOR FURTHER ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2024:KHC:31106
MFA No. 6984 of 2022
ORAL JUDGMENT
Heard Sri.Ravish Benni, learned counsel for the appellant
as well as Sri.Shivakumarappa T.C., learned counsel for
respondents No.1 to 4.
2. Raising a contention that the amount awarded as
compensation by the Motor Accidents Claims Tribunal-V,
Chitradurga through orders in MVC No.510/2019 dated
03.01.2022 is exorbitant, the present appeal is filed by the
insurance company. As against the claim for Rs.50,00,000/-,
the Tribunal awarded a sum of Rs.29,96,000/- as
compensation.
3. Sri.Ravish Benni, learned counsel for the appellant
submits that the deceased Basavarajappa was aged about 41
years by the date of accident. Learned counsel states that all
the relevant medical record more particularly Ex.P22 -
discharge summary that was issued by Kasturba hospital,
Manipal reveals that the deceased was aged about 41 years by
the date of accident.
4. Learned counsel submits that the appropriate
multiplier which is to be applied as per the decision of the
Hon'ble Apex Court in Sarala Verma's case is '14'. Learned
NC: 2024:KHC:31106
counsel contends that the Tribunal erroneously applied the
multiplier '15' and awarded excess compensation under the
head 'loss of dependency'. Learned counsel Sri.Ravish Benni
also submits that the Tribunal added 40% as future prospects
applying the decision of the Hon'ble Apex Court in Pranay
Sethi's case. But as the deceased was aged 41 years by the
date of accident, as per the aforementioned decision, only 25%
of the actual earnings are required to be added towards future
prospects.
5. Sri. Shivakumarappa T.C. learned counsel for
respondents No.1 to 4/claimants submits that as the relevant
records discloses that the deceased was aged 41 years by the
date of accident, adding 25% as future prospects and applying
appropriate multiplier '14', the loss of dependency to be
calculated and the appeal be disposed of accordingly.
6. Having considered the submissions thus made, the
amount which the respondents No.1 to 4/claimants are entitled
to under the head 'loss of dependency' would be as under:
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Description Amount
Rs.
Notional income per month
14,000-00
Annual income (14,000 x
12) 1,68,000-00
Add 25% towards future
prospects(1,68,000+40%) 2,10,000-00
Deducting 1/4th of
the earnings towards
1,57,500-00
personal and living
expenses(2,10,000 x 1/4)
Applying the appropriate
22,05,000-00
multiplier '14'(1,57,500x14)
loss of dependency comes to
7. Thus, the amount which the respondents No.1 to
4/claimants are entitled to under the head 'loss of dependency'
is Rs.22,05,000/-. However, the Tribunal awarded a sum of
Rs.26,46,000/- under the head 'loss of dependency'. Thus, the
amount awarded in excess under the said head is Rs.4,41,000/-
Therefore, as submitted by learned counsel for the appellant
Sri. Ravish Benni, the amount awarded as compensation by the
Tribunal is required to be reduced by Rs.4,41,000/-.
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8. Resultantly the following
ORDER
(i) The appeal is allowed in part.
(ii) The amount awarded as compensation by the Motor
Accidents Claims Tribunal-V, Chitradurga, through orders in
MVC No.510/2019 is reduced by Rs.4,41,000/-.
(iii) The award of the Tribunal in all other aspects holds
good.
The amount if any in deposit be transmitted to the
concerned Tribunal immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
