Karnataka High Court
Sri Gadripalaiah vs Sri Prashantha on 12 February, 2024
-1-
NC: 2024:KHC:5881
MFA No. 1339 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.1339 OF 2015(MV-I)
BETWEEN:
1. SRI. GADRIPALAIAH,
AGED 50 YEARS.
2. SRI. PALAIAH,
AGED 48 YEARS.
3. SRI. G.P. MANJAPPA @ MANJUNATHA,
AGED ABOUT 36 YEARS.
4. SRI. NAGARAJA,
AGED ABOUT 46 YEARS.
5. SMT. OBAMMA,
W/O KENCHAPPA,
AGED ABOUT 36 YEARS.
ALL ARE CHILDREN OF
Digitally
signed by LATE POOCHARAPPA,
BHARATHI S R/AT K. GOLLAHALLI VILLAGE,
Location:
HIGH COURT TARIKERE TALUK.
OF ...APPELLANTS
KARNATAKA
(BY SRI. RAJARAMA S., ADVOCATE)
AND:
1. SRI. PRASHANTHA,
S/O JAGANNATHAIAH,
AGED ABOUT 36 YEARS,
DRIVER OF K.S.R.T.C,
BUS NO K.A.06.F. 0415,
BADGE NO. 11956,
R/AT KURUBARAHALLI,
-2-
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MFA No. 1339 of 2015
KORATIGERE TALUK,
(DL NO 1175/7/99-00 VALID
UPTO 24-10-2008)
2. THE MANAGING DIRECTOR,
K.S.R.T.C.,
CHIKMAGALUR DISTRICT,
OWNER OF K.S.R.T.C.,
BUS NO. KA 06.F.0415.
CHIKMAGALUR.
...RESPONDENTS
(BY SMT. H.R. RENUKA, ADVOCATE FOR R2;
VIDE ORDER DATED 17.09.2019, APPEAL AGAINST
R1 STANDS REJECTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:27.02.2013 PASSED IN MVC
NO.117/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT,
KADUR, CHIKMAGALUR DISTRICT PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 27.02.2013 passed in MVC
No.117/2008 on the file of Senior Civil Judge and MACT,
Kadur, Chikmagalur District1.
Hereinafter referred to as the 'Tribunal'
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2. For the sake of convenience, the parties herein
are referred as per their ranking before the Tribunal.
3. The relevant facts necessary for consideration of
the present appeal are that the claimants filed a claim
petition, claiming compensation for the death of one
Kariyamma2 in a road traffic accident, which occurred on
21.03.2008. The children of the deceased have filed the
claim petition arraying the driver and owner of the offending
bus as respondents.
4. The Tribunal by its judgment and award dated
27.02.2013 has allowed the claim petition and has awarded
a compensation of `32,000/- with interest at 6% per annum.
Seeking enhancement of the same, the present appeal is
filed by the claimants.
5. The judgment and award of the Tribunal on the
ground of negligence and liability is not under challenge.
Hence, the only question that arises for consideration is with
regard to the enhancement of the quantum of compensation.
Hereinafter referred to as 'deceased'
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6. The deceased was aged 60 years. Hence, the
appropriate multiplier is 9.
7. The deceased was said to be a coolie. However,
no documents have been produced to prove his income.
Hence, her income is required to be reassessed as notional
income as per the chart followed for settlement of cases in
Lok-Adalath conducted by the Legal Services Authority and
the income is assessed at `4,500/-.
8. The Tribunal has recorded a finding that claimant
Nos.1 to 5 are the children of the deceased, who are major
and they are not dependent on the income of the deceased.
Hence, the Tribunal has awarded the compensation only on
conventional heads.
9. The question as to compensation to be awarded
in respect of the claimants who are not dependent on the
deceased is no longer res integra. Having regard to the
judgment of the Division Bench of this Court in the case of
A.MANAVALAGAN VS KRISHNAMURTHY AND OTHERS3,
ILR 2004 KAR 3268
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the claimants are not entitled for loss of dependency.
However, they are entitled for loss of estate which is
required to be calculated by adopting the multiplier method
by taking 25% of the income of the deceased.
10. Hence, for the purpose of calculation of loss of
estate, the income of the deceased is assessed at `4,500/-.
The deceased was married and hence, 1/3rd is deducted
towards personal expenses. Hence, the income for the
purpose of calculation of loss of estate is accessed as
(`4,500 - `1,500) `3,000/- 10% is required to be added
towards future prospectus, having regard to the judgment of
Hon'ble Supreme Court in the case of NATIONAL
INSURANCE COMPANY LIMITED -V- PRANAY SETHI &
OTHERS4. Hence, the income to be taken as `3,350/-. 25%
of the income is to be taken for calculation of loss of estate
and hence the loss of estate is assessed as (825 X 12 X 9)
`89,100/-.
11. The claimant Nos.1 to 4 are the sons and
claimant No.5 is the daughter of the deceased. Loss of
(2017) 16 SCC 680
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consortium is to be awarded, as per the judgment of the
Hon'ble Supreme Court in the MAGMA GENERAL
INSURANCE CO. LTD. -V- NANU RAM ALIAS CHNDRU
RAM AND OTHERS5. Hence, loss of consortium is assessed
as `44,000 X 5 = `2,20,000/-. The claimants are entitled for
funeral expenses for a sum of `16,500/-.
12. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl.No. Heads Amount awarded Amount awarded
by the Tribunal by this Court (`)
(`)
affection
Expenses
3. Funeral and 5000.00 16500.00
obsequies Expenses
4. Loss of Estate 00 89100.00
6 Loss of Consortium 00 220000.00
Total 32000.00 325600.00
2018 ACJ 2782
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13. Hence, the appellant/claimant is entitled for
enhanced compensation of `293600/- (`325600 - `32000)
rounded off `2,94,000/- together with interest at 6% p.a.
14. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 27.02.2013
passed in MVC No.117/2008 on the file of the
Senior Civil Judge and MACT, Kadur, is modified
to the extent stated herein. In all other respects,
the judgment and award of the Tribunal remain
unaltered;
iii) The appellants/claimants are entitled to enhanced
compensation of `2,94,000/- with interest at 6%
per annum from the date of petition till its
realization in addition to the compensation
awarded by the Tribunal;
iv) Respondent No.2 - Insurance Company is
directed to deposit the said enhanced
compensation together with accrued interest
within a period of six weeks from the date of
receipt of a copy of this judgment;
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v) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
appellants/claimants, equally;
vi) The Registry to draw the modified award
accordingly.
vi) No costs.
sd/-
JUDGE
KBM
CT:SNN
