Karnataka High Court

Smt. Savithramma W/O Tulajappa vs Sri. Shivu S/O Chandrappa on 8 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

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                                                         MFA No. 102460 of 2023
                                                     C/W MFA No. 105054 of 2023



                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                               BEFORE
                             THE HON'BLE MR JUSTICE V.SRISHANANDA
                      MISCELLANEOUS FIRST APPEAL NO.102460 OF 2023 (MV-D)
                                                 C/W
                          MISCELLANEOUS FIRST APPEAL NO.105054 OF 2023


                     IN M.F.A. NO.102460 OF 2023
                     BETWEEN:

                     LEGAL CLAIMS MANAGER,
                     THE CHOLAMANDALAM
                     MS GENERAL INSURANCE COMPANY LTD.,
                     77/1 FIRST FLOOR, V.A. KALABURGI SQUARE,
                     DESAI CROSS, DESPANDENAGAR,
                     HUBBALLI-580020,
                     NOW REPRESENTED BY ITS
                     AUTHORISED SIGNATORY.

                                                                     ...APPELLANT
                     (BY SRI. SUBHASH J.BADDI, ADVOCATE)
        Digitally
        signed by
        SAMREEN      AND:
SAMREEN AYUB
AYUB    DESHNUR
DESHNUR Date:
        2024.02.15
        15:31:12
                     1.   SMT. SAVITHRAMMA W/O. TULAJAPPA,
        +0530             AGE: 58 YEARS, OCC HOUSE WIFE.

                     2.   SRI. PALAKSHAPPA S/O. THULAJAPPA,
                          AGE: 41 YEARS, OCC: AGRICULTURE WORK.

                     3.   SRI. VENKATESHAPPA S/O. THULAJAPPA,
                          AGE: 22 YEARS, OCC: NIL. (HANDICAP SON)

                          RESPONDENT NO.1 TO 3 ARE
                          R/O: SRIKRISHNA NAGAR,
                          IGOOR-GOLLARAHATTI, DAVANGERE
                          TQ. AND DIST. NOW @ MARUTHI NAGAR,
                          2ND CROSS, RANEBENNUR,
                          DIST: HAVERI-581115.
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                                   MFA No. 102460 of 2023
                               C/W MFA No. 105054 of 2023




4.   SMT. HEMA W/O. LAKSHMAN,
     AGE: 39 YEARS, OCC: HOUSE HOLD WORK,
     R/O: KOLAHAL VILLAGE OF CHITRADURGA
     TALUK AND DIST-577519.

5.   SMT. KENCHAMMA W/O. MALLESHI,
     AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
     R/O: THUPPADAHALLI, MARIKUNTE,
     VILLAGE OF JAGALUR TALUK,
     DAVANGERE-577513.

6.   SMT. BASAMMA W/O. PRASHANTHA,
     AGE: 35 YEARS, OCC: HOUSE HOLD WORK,
     R/O: DUMMI GOLLARAHATTI VILLAGE
     OF HOLALKERE TALUK,
     CHITRADURGA DISTRICT-577531.

7.   SMT. GOURAMMA W/O. BASAVRAJ,
     AGE: 29 YEARS, OCC: HOUSE HOLD WORK,
     R/O: JAGALUR GOLLARAHATTI
     VILLAGE OF JAGALUR TALUK,
     DAVANGERE -577528.

8.   SMT. GANGAMMA P.T. W/O. YOGESH,
     AGE: 29 YEARS, OCC: HOUSE HOLD WORK,
     R/O: S.H.HALLI, GOLLARAHATTI,
     HOLALKERE TALUK,
     CHITRADURGA DISTRICT-577557.

9.   SRI. SHIVU S/O. CHANDRAPPA,
     AGE: MAJOR, OCC: BUSINESS,
     R/O: BILICHODU OF JAGALUR TALUK,
     DAVANGERE DISTRICT-577528.
                                              ...RESPONDENTS

(BY SRI. G.N. NARASAMMANAVAR, ADVOCATE FOR R1-R8;
    R9 SERVED)

     THIS M.F.A IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 23.01.2023 PASSED IN MVC
NO.783/2020 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL
JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
RANEBENNUR, AWARDING COMPENSATION OF Rs.11,01,000/- WITH
INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
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                                    MFA No. 102460 of 2023
                                C/W MFA No. 105054 of 2023




IN M.F.A. NO.105054 OF 2023
BETWEEN:

1.   SMT. SAVITHRAMMA W/O. TULAJAPPA,
     AGE: 58 YEARS, OCC HOUSE WIFE,
     R/O: SRIKRISHNA NAGAR,
     IGOOR-GOLLARAHATTI, DAVANGERE
     TQ. AND DIST. NOW @ MARUTHI NAGAR,
     2ND CROSS, RANEBENNUR,
     DIST: HAVERI-581116.

2.   SRI. PALAKSHAPPA S/O. THULAJAPPA,
     AGE: 41 YEARS, OCC: AGRICULTURE WORK.
     R/O: SRIKRISHNA NAGAR,
     IGOOR-GOLLARAHATTI, DAVANGERE
     TQ. AND DIST. NOW @ MARUTHI NAGAR,
     2ND CROSS, RANEBENNUR,
     DIST: HAVERI-581116.

3.   SRI. VENKATESHAPPA S/O. THULAJAPPA,
     AGE: 21 YEARS, OCC: NIL. (HANDI CAPPED SON)
     R/O: SRIKRISHNA NAGAR,
     IGOOR-GOLLARAHATTI, DAVANGERE
     TQ. AND DIST. NOW @ MARUTHI NAGAR,
     2ND CROSS, RANEBENNUR,
     DIST: HAVERI-581116.

4.   SMT. HEMA W/O. LAKSHMAN,
     AGE: 39 YEARS, OCC: HOUSE HOLD WORK,
     R/O: KOLAHAL VILLAGE OF CHITRADURGA
     PIN-577501.

5.   SMT. KENCHAMMA W/O. MALLESHI,
     AGE: 37 YEARS, OCC: HOUSE HOLD WORK,
     R/O: THUPPADAHALLI, MARIKUNTE,
     VILLAGE OF JAGALUR TALUK,
     DAVANGERE DISTRICT PIN-577001.

6.   SMT. BASAMMA W/O. PRASHANTHA,
     AGE: 35 YEARS, OCC: HOUSE HOLD WORK,
     R/O: DUMMI-GOLLARAHATTI VILLAGE
     OF HOLALKERE TALUK,
     CHITRADURGA DISTRICT PIN-577501.
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                                    MFA No. 102460 of 2023
                                C/W MFA No. 105054 of 2023



7.   SMT. GOURAMMA W/O. BASAVRAJ,
     AGE: 29 YEARS, OCC: HOUSE HOLD WORK,
     R/O: JAGALUR GOLLARAHATTI
     VILLAGE OF JAGALUR TALUK,
     DAVANGERE DISTRICT PIN-577002.

8.   SMT. GANGAMMA P.T. W/O. YOGESH,
     AGE: 29 YEARS, OCC: HOUSE HOLD WORK,
     R/O: S.H.HALLI, GOLLARAHATTI,
     HOLALKERE TALUK,
     CHITRADURGA DISTRICT PIN-577003.

                                                  ...APPELLANTS
(BY SRI. G.N. NARASAMMANAVAR, ADVOCATE)

AND:

1.   SRI. SHIVU S/O. CHANDRAPPA,
     AGE: MAJOR, OCC: BUSINESS,
     R/O: BILICHODU OF JAGALUR TALUK,
     DAVANGERE DISTRICT PIN-577003.

2.   THE LEGAL CLAIMS MANAGER,
     THE CHOLAMANDALAM M.S. GENERAL
     7/1 FIRST FLOOR, V.A. KALABURGI SQUARE,
     DESAI CROSS, DESPANDENAGAR,
     HUBBALLI PIN-580023.
                                                 ...RESPONDENTS

(BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2;
    R1 DISPENSED WITH)

       THIS M.F.A IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 23.01.2023 PASSED IN MVC
NO.783/2020 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL
JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
RANEBENNUR,     PARTLY   ALLOWING   THE   CLIM   PETITION   FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

       THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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                                         MFA No. 102460 of 2023
                                     C/W MFA No. 105054 of 2023



                          JUDGMENT

Heard Sri.Subhash J. Baddi, learned counsel for the appellant

and Sri.G.N.Narasammanavar, learned counsel for respondent

Nos.1 to 8.

2. Insurance Company is challenging the judgment and

award passed in MVC No.783/2020 dated 23.01.2023 on the

file of III Additional Senior Civil Judge and AMACT, Ranebennur

on the question of quantum of compensation.

3. Brief facts of the case are as under:

Sri.Tulajappa Gadirappa, who was aged about 75 years,

lost his life in a road traffic accident, involving a motor cycle

bearing No.KA 17-W-4729 which occurred on 21.02.2020.

Defendants are his wife and major children.

4. The Tribunal, on contest, allowed the claim petition in

a sum of Rs.11,01,000/- as under:

Towards loss of dependency Rs.6,96,000/-

        Towards funeral and             Rs.16,500/-
        transportation expenses
        Towards loss of consortium      Rs.3,52,000/-
        Towards loss to estate          Rs.16,500/-
        Towards medical expenses        Rs.20,000/-
        Total                           Rs.11,01,000/-

                                         NC: 2024:KHC-D:2857

5. Being aggrieved by the same, Insurance Company is

in the appeal and claimants are also in the appeal seeking

enhancement.

6. Sri.Subhash J. Baddi, learned counsel for the appellant

re-iterating the grounds urged in the appeal memorandum

vehemently contended that deceased is aged about 75 years, it

could not be considered that he was earning sum of

Rs.14,500/- per month and therefore, the income is to be

recomputed.

7. So also, since all other defendants are major children

of deceased, half of the said income is to be considered as

personal expenses of the deceased. Therefore, there is a scope

for reduction of compensation on the head of dependency.

8. Per contra, Sri.G.N.Narasammanavar, learned counsel

for the respondents not only supported the impugned judgment

but also sought for enhancement.

9. Taking note that the deceased was aged about 75

years and except the wife, all other dependants are major

children. Accordingly, taking the monthly income into account

and 50% thereof should have been deducted towards the

NC: 2024:KHC-D:2857

maintenance of deceased of deceased himself. Therefore,

there is a scope for reduction of the compensation amount

instead of reducing the monthly income and deduction thereof

and reworking the assessment if a sum of Rs.3,01,000/- is

reduced from the assessed quantum of compensation, in the

considered opinion of this Court, ends of justice would be met.

10. In view of the foregoing discussion, resultantly, there

is no scope for enhancement of the quantum of compensation.

Accordingly, following:

ORDER

(i) Appeal filed by the Insurance Company is allowed

as against sum of Rs.11,01,000/-, claimants are

entitled to sum of Rs.8,00,000/- with interest at 9%

from the date of petition till its realisation.