Karnataka High Court
Smt. Sangeeta And Ors vs Sri. Mahadev And Ors on 7 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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MFA No. 200908 of 2019
C/W MFA No. 200909 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 200908 OF 2019 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200909 OF 2019
IN MFA NO.200908/2019:-
BETWEEN:
1. SMT. SANGEETA
W/O BHIMARAYA BADIGER,
AGED ABOUT 33 YEARS,
OCC:: HOUSEHOLD
2. KUMARI NIKITA
D/O BHIMARAYA BADIGER
Digitally signed AGE ABOUT 12 YEARS,
by SUMITRA
SHERIGAR OCCUPATION: STUDENT
Location: HIGH
COURT OF 3. KUMAR AMOGSIDDA
KARNATAKA
S/O BHIMARAYA BADIGER
AGED ABOUT 10 YEARS,
OCCUPATION: STUDENT.
4. KUMARI CHAITRA
D/O BHIMARAYA BADIGER
AGED ABOUT 08 YEARS, OCCUPATION: NIL.
5. KUMAR BASAWARAJ
S/O BHIMAAYA BADIGER
AGE ABOUT 06 YEARS, OCCUPATION: NIL.
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MFA No. 200908 of 2019
C/W MFA No. 200909 of 2019
6. SMT. KASTURIBAI
W/O RAYAPPA BADIGER
AGED ABOUT 59 YEARS,
OCCUPATION: HOUSEHOLD
7. SRI ARJUN S/O RAYAPPA BADIGER
AGED ABOUT 24 YEARS.
ALL ARE R/O. RANASANGI VILLAGE
TALUKA: JEWARGI, DIST: KALABURAGI.
...APPELLANTS
(BY SRI SHIVANAND PATIL, ADVOCATE)
AND:
1. SRI. MAHADEV S/O HANMANTHRAO,
MAJOR, OCCUPATION: BUSINESS,
OWNER OF LORRY BEARING REGISTRATION
NO.KA-32/5546, R/O. HOUSE NO.9-4-11,
KHAJI COLONY, GANDHI GUNJ ROAD, BIDAR.
(OWNER OF VEHICLE)-585401.
2. ICICI LOMBARD GENERAL INSURANCE
COMPANY LIMITED
DIVISIONAL OFFICE, OPPOSITE SBH BANK,
ABOVE SRI VENKATESHWAR
DEPARTMENTAL STORE,
NEAR TIMMAPURI CIRCLE, KALABURAGI,
REPRESENTED BY ITS
AUTHORIZED OFFICER-585101.
3. SMT. KAVITA W/O SUBHASHCHANDRA
MAJOR, OCCUPATION: NOT KNOWN,
OWNER OF CAR BEARING REGISTRATION
NO.KA-33/M-3470,
R/O BASAVESHWARA COLONY,
SHAHAPURA, DIST: YADGIR.
4. HDFC ERGO GENERAL INSURANCE
COMPANY LIMITED
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MFA No. 200908 of 2019
C/W MFA No. 200909 of 2019
1ST FLOOR, VIRUPAX KRUPA,
OPPOSITE TO KIMS MAIN GATE,
R.D. ROAD, VIDYA NAGAR,
HUBLI-580021,
REPRESENTED BY ITS AUTHORIZED OFFICER.
...RESPONDENTS
(R1 AND R2-SERVED; SRI MANJUNATH GINNI, ADV. FOR R3;
SMT PREETI PATIL, MELKUNDI, ADV. FOR R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 22.07.2017
PASSED IN MVC NO.736/2015 BEFORE THE COURT OF SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE OF THE FIRST CLASS
AT JEWARGI. AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT FROM RS.13,91,500/- TO
RS.14,00,000/- AND ETC.
IN MFA NO.200909/2019:-
BETWEEN:
1. SMT. SOUBHAGYA
W/O LATE CHANDRASHEKHARA BADIGER,
AGED ABOUT 33 YEARS,
OCC:: HOUSEHOLD
2. KUMAR SHIVU
S/O LATE CHANDRASHEKHARA BADIGER
AGE ABOUT 12 YEARS,
OCCUPATION: STUDENT
3. KUMARI AKSHTA
D/O LATE CHANDRASHEKHARA BADIGER
AGED ABOUT 10 YEARS,
OCCUPATION: STUDENT.
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4. KUMAR VISHWA
S/O LATE CHANDRASHEKHARA BADIGER
AGED ABOUT 07 YEARS,
OCCUPATION: NIL.
5. KUMARI VIJAYLAXMI
D/O LATE CHANDRASHEKHARA BADIGER
AGE ABOUT 05 YEARS,
OCCUPATION: NIL.
CLAIMANTS NO.2 TO 5 ARE MINORS.
HENCE THEY ARE REPRESENTED BY
CLAIMANT NO.1 ACTING AS GUARDIAN
6. SMT. DEVAMMA
W/O BASALINGAPPA BADIGER,
AGED ABOUT 59 YEARS,
OCCUPATION: HOUSEHOLD
7. SRI BASALINGAPPA
S/O KALLAPPA BADIGER
AGED ABOUT 64 YEARS, OCC: NIL,
8. SRI DHARAMANNA
S/O BASALINGAPPA BADIGER
AGED ABOUT 26 YEARS, OCC: STUDENT
ALL ARE R/O. LAKANAPUR,
TALUKA: JEWARGI, DIST. KALABURAGI.
...APPELLANTS
(BY SRI SHIVANAND PATIL, ADVOCATE)
AND:
1. SRI. MAHADEV S/O HANMANTHRAO,
MAJOR, OCCUPATION: BUSINESS,
OWNER OF LORRY BEARING REGISTRATION
NO.KA-32/5546, R/O. HOUSE NO.9-4-11,
KHAJI COLONY, GANDHI GUNJ ROAD, BIDAR.
(OWNER OF VEHICLE)-585401.
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MFA No. 200908 of 2019
C/W MFA No. 200909 of 2019
2. ICICI LOMBARD GENERAL INSURANCE
COMPANY LIMITED
DIVISIONAL OFFICE, OPPOSITE SBH BANK,
ABOVE SRI VENKATESHWAR
DEPARTMENTAL STORE,
NEAR TIMMAPURI CIRCLE, KALABURAGI,
REPRESENTED BY ITS
AUTHORIZED OFFICER-585101.
3. SMT. KAVITA W/O SUBHASHCHANDRA
MAJOR, OCCUPATION: NOT KNOWN,
OWNER OF CAR BEARING REGISTRATION
NO.KA-33/M-3470,
R/O BASAVESHWARA COLONY,
SHAHAPURA, DIST: YADGIR.
4. HDFC ERGO GENERAL INSURANCE
COMPANY LIMITED
1ST FLOOR, VIRUPAX KRUPA,
OPPOSITE TO KIMS MAIN GATE,
R.D. ROAD, VIDYA NAGAR,
HUBLI-580021,
REPRESENTED BY ITS AUTHORIZED OFFICER.
...RESPONDENTS
(R1 SERVED;
SRI MANJUNATH MALLAYYA SHETTY, ADV. FOR R2
SMT PREETI PATIL, MELKUNDI, ADV. FOR R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 22.07.2017
PASSED IN MVC NO.737/2015 BEFORE THE COURT OF SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE OF THE FIRST CLASS
AT JEWARGI. AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT FROM RS.12,92,500/- TO
RS.14,00,000/- AND ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
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MFA No. 200908 of 2019
C/W MFA No. 200909 of 2019
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. These appeals are filed seeking for enhancement of
compensation.
2. As both the appeals arise out of the same accident,
hence they are taken up together.
3. It is not in dispute that as a result of the motor
vehicle accident which occurred on 01.02.2015, deceased
Bhimaraya and Chandrashekhara, 29 and 38 years old
respectively died.
4. It is not in dispute that the Insurer is liable to pay
the compensation as the offending vehicle was insured.
5. 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 Bhimaraya and
Chandrashekhara. The Tribunal has thereafter proceeded
to award the following sums as compensation:
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IN MVC No.736/2015:
Sl. Amount
Heads of Compensation
No. (In Rs.)
1. Loss of Dependency 8,41,500/-
2. Loss of Consortium 5,25,000/-
3. Funeral expenses & 25,000/-
Transportation charges
Total 13,91,500/-
6. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income, notionally at
Rs.5,500/-. 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 2015, would be Rs.8,000/-.
7. As the deceased was aged about 29 years, 40% of
the same (Rs.3,200/-) would have to be added to the said
income as future prospects would be Rs.11,200/-.
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8. Out of the said sum, 1/5th depending on the number
of dependents (Rs.2,240/-) would have to be deducted
towards personal expenses of the deceased. The net
income will be Rs.8,960/-/-.
9. As the deceased was aged 29 years, a multiplier of
'17' will have to be applied. Consequently, the claimants
would be entitled to a sum of Rs.18,27,840/- (Rs.8,960/-
x 12 x '17') towards "loss of dependency".
10. The claimants being the parents, wife and children
would each be entitled to a sum of Rs.44,000/- towards
"loss of consortium" i.e., Rs.3,08,000/- and they would
also be entitled to a sum of Rs.33,000/- under the
"conventional heads".
11. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
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Sl. Amount
Heads of Compensation
No. (in Rs.)
1. Loss of Dependency 18,27,840/-
2. Loss of Consortium 3,08,000/-
3. Conventional Head 33,000/-
Total 21,68,840/-
12. Thus, the claimant would be entitled for
compensation of Rs.21,68,840/- as against
Rs.13,91,500/- awarded by the Tribunal, along with
interest at the rate of six per cent per annum from the
date of petition till its realization.
IN MVC No.737/2015:
Sl. Amount
Heads of Compensation
No. (In Rs.)
1. Loss of Dependency 7,42,500/-
2. Loss of Consortium 5,25,000/-
3. Funeral expenses & 25,000/-
Transportation charges
Total 12,92,500/-
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13. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income, notionally at
Rs.5,500/-. 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 2015, would be Rs.8,000/-.
14. As the deceased was aged about 36 years, 40% of
the same (Rs.3,200/-) would have to be added to the said
income as future prospects would be Rs.11,200/-.
15. Out of the said sum, 1/5th depending on the number
of dependents (Rs.2,240/-) would have to be deducted
towards personal expenses of the deceased. The net
income will be Rs.8,960/-/-.
16. As the deceased was aged 36 years, a multiplier of
'15' will have to be applied. Consequently, the claimants
would be entitled to a sum of Rs.16,12,800/- (Rs.8,960/-
x 12 x '15) towards "loss of dependency".
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17. The claimants being the parents, wife and children
would each be entitled to a sum of Rs.44,000/- towards
"loss of consortium" i.e., Rs.3,5200/- and they would also
be entitled to a sum of Rs.33,000/- under the
"conventional heads".
18. 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 16,12,800/-
2. Loss of Consortium 3,52,000/-
3. Conventional Head 33,000/-
Total 19,97,800/-
19. Thus, the claimants would be entitled for
compensation of Rs.19,97,800/- as against
Rs.12,92,500/- awarded by the Tribunal, along with
interest at the rate of six per cent per annum from the
date of petition till its realization.
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20. The respondent Nos.2 and 4-Insurance Companies
are 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.
21. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
Both the appeals are accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
DHA
