Karnataka High Court
Baburaya S/O Bhimraya And Ors vs Ramesh S/O Annarao Natikar And Anr on 7 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5779
MFA No. 201014 of 2017
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. 201014 OF 2017 (MV-D)
BETWEEN:
1. BABURAYA S/O BHIMRAYA,
AGE: 52 YEARS, OCC: AGRIL.
2. MAHADEVI W/O BABURAYA,
AGE: 50 YEARS, OCC: HOUSEWIFE,
3. ASHARANI W/O SRIKANTH
AGE: 22 YEARS, OCC: HOUSEWIFE,
4. BHIMASHANKAR S/O SRIKANTH,
AGE: 2 YEARS 9 MONTHS,
5. VISHWARADHYA S/O BABURAYA,
Digitally signed AGE: 23 YEARS, OCC: STUDENT,
by SUMITRA
SHERIGAR
Location: HIGH APPELLANT NO.4 MINOR U/G OF HIS NATURAL
COURT OF MOTHER I.E. APPELLANT NO.3
KARNATAKA
ALL R/O AURAD, TQ. JEWARGI,
DIST: KALABURAGI,
NOW RESIDING AT CIB COLONY,
KALABURAGI-585103.
...APPELLANTS
(BY SRI. BASAVARAJ R MATH,ADVOCATE)
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NC: 2024:KHC-K:5779
MFA No. 201014 of 2017
AND:
1. RAMESH S/O ANNARAO NATIKAR,
AGE: 42 YEARS, OCC: OWNER OF VEHICLE
BEARING REG.E-11-6468, BIDDAPUR COLONY,
NEAR HIGH COURT, KALABURAGI-585104.
2. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LIMITED,
NG COMPLEX, 1ST FLOOR,
OPP. MINI VIDHANA SOUDHA,
MAIN ROAD, KALABURGI.
...RESPONDENTS
(BY SRI.MANVEDNRA REDDY, ADVOCATE FOR R2;
VIDE ORDER DATED 19.07.2017 NOTICE TO R1 IS DISPENSED
WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING
THAT THIS HON BLE COURT MAY BE PLEASED TO CALL FOR
RECORDS AND MODIFY THE IMPUGNED JUDGMENT AND
AWARD DATED 04.10.2016 PASSED BY THE III ADDL. SENIOR
CIVIL JUDGE AND MACT AT KALABURAGI IN MVC
NO.654/2015, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, 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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NC: 2024:KHC-K:5779
MFA No. 201014 of 2017
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. In respect of an accident which is not in dispute,
which resulted in the death of Srikanth S/o Baburaya, a 23
year old, the Tribunal has awarded the following sums:
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Towards loss of Dependency 11,34,000/-
Towards funeral &
2. 25,000/-
Transportation charges
Towards loss of love and
3. 1,00,000/-
affection
Towards loss of care and
4. 1,00,000/-
guidance for minor children
5. Towards loss of consortium 1,00,000/-
6. Towards loss of estate 10,000/-
Total 14,69,000/-
2. The present appeal is filed seeking enhancement of
compensation.
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3. It is not in dispute that as a result of the motor
vehicle accident which occurred on 30.12.2014 at about
6.00 p.m., a 23 year old 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 Srikanth S/o Baburaya.
6. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income of the
deceased notionally at Rs.7,000/-.
7. In cases where there is no evidence to determine the
actual income, it is appropriate to adopt the notional
income as assessed by the Karnataka State Legal Services
Authority, which for the year 2014 would be Rs.7,500/-.
8. As per the decision of the Apex Court in the case of
National Insurance Company Limited vs. Pranay
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Sethi and Others - (2017) 16 SCC 680, as the
deceased was aged about 23 years, 40% of the same
(Rs.3,000/-) is required to be added to the said income as
future prospects and the resultant income would thus be
Rs.10,500/-.
9. Out of the said sum, 1/4th of the same (Rs.2,625/-)
would have to be deducted towards personal expenses of
the deceased, as he was survived by his wife, minor son
and parents. The net income will be Rs.7,875/-.
10. As the deceased was aged 23 years, as per the
decision rendered by the Hon'ble Supreme Court in the
case of Sarla Verma and others vs. Delhi Transport
Corporation and another, (2009) 6 SCC 121, a
multiplier of '18' would have to be applied.
11. Consequently, the claimants would be entitled to a
sum of Rs.17,01,000/- (Rs.7,875/- x 12 x '18') towards
"loss of dependency" as against Rs.11,34,000/- awarded
by the Tribunal.
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12. The claimants being the wife, a minor son and
parents of the deceased, each of them would be entitled
to a sum of Rs.44,000/- towards "loss of consortium" i.e.,
in all Rs.1,76,000/- and they would also be entitled to a
sum of Rs.33,000/- under the "conventional heads".
13. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
Compensation
Sl. As awarded by
No. Nature of Heads this Court
(In Rs.)
1. Loss of Dependency 17,01,000/-
2. Loss of consortium 1,76,000/-
3. Conventional heads 33,000/-
Total 19,10,000/-
14. Thus, the claimants would be entitled for
compensation of Rs.19,10,000/- as against
Rs.14,69,000/- 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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15. The disbursement of the compensation amount shall
be made as per the award of the Tribunal.
16. 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.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
SN
