The Manager vs Narayanappa
2024 Latest Caselaw 4820 Kant

Karnataka High Court

The Manager vs Narayanappa on 16 February, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                     -1-
                                                                  NC: 2024:KHC:6740
                                                              MFA No. 733 of 2019




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                 DATED THIS THE 16TH DAY OF FEBRUARY, 2024
                                                    BEFORE
                           THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                          MISCELLANEOUS FIRST APPEAL NO.733 OF 2019 (MV-D)

                          BETWEEN:

                          THE MANAGER
                          THE ORIENTAL INSURANCE CO. LTD,
                          BRANCH OFFICE, 1ST FLOOR,
                          TGMC BUILDING,
                          J C ROAD, TUMKUR CITY
                          NOW REPRESENTED BY ITS MANAGER,
                          REGIONAL OFFICE,
                          LEO SHOPPING COMPLEX,
                          44/45, RESIDENCY ROAD,
                          BANGALORE - 560025
                                                                       ...APPELLANT
                          (BY SMT. HARINI SHIVANANDA, ADVOCATE)

                          AND:

                          1.    NARAYANAPPA
Digitally signed by JAI         37 YEARS,
JYOTHI J
Location: HIGH                  S/O LATE LINGAIAH
COURT OF
KARNATAKA                       SINCE DEAD BY HIS LRS,
                                RESPONDENT NO.2 TO 6 AMENDED CARRIED OUT
                                VIDE ORDER DATED 04.07.2022.

                          2.    KUMAR
                                35 YEARS
                                S/O LATE LINGAIAH

                          3.    SHIVANNA
                                31 YEARS
                                S/O LATE LINGAIAH

                          4.    BYREGOWDA
                               -2-
                                          NC: 2024:KHC:6740
                                        MFA No. 733 of 2019




     29 YEARS
     S/O LATE LINGAIAH

5.   VIJAYALAKSHMI
     25 YEARS
     D/O LATE LINGAIAH

6.   VIJAYAKUMAR
     22 YEARS
     S/O LATE LINGAIAH

     ALL ARE RESIDENTS OF DINNEPALYA VILLAGE,
     KOTTIGEGOLLAHALLIL POST,
     GULUR HOBLI, TUMKUR TALUK - 572 104.

7.   SMT. GANGALAKSHMAMMA
     36 YEARS,
     W/O SHIVAKUMAR
     RESIDENTS OF DINNEPALYA VILLAGE,
     KOTTIGEGOLLAHALLIL POST,
     GULUR HOBLI, TUMKUR TALUK - 572 104.
                                               ...RESPONDENTS
(R2 TO R7 NOTICE SERVED;
  R2 TO R6 ARE TREATED AS LRS OF DECEASED R1)

        THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED15.09.2018             PASSED IN MVC

NO.663/2014 ON THE FILE OF THE III ADDITIONAL SENIOR

CIVIL     JUDGE   AND    M.A.C.T.,   TUMKUR,       AWARDING

COMPENSATION OF RS.5,55,500/-WITH INTEREST AT 6% P.A.

FROM THE DATE OF PETITION TILL ITS ENTIRE REALIZATION.


        THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                           NC: 2024:KHC:6740
                                         MFA No. 733 of 2019




                         JUDGMENT

The appeal is filed by the insurance company praying

to reduce the quantum of compensation awarded by the

Tribunal.

2. The accident is occurred on 26.02.2014, but the

Tribunal has considered the notional income at Rs.4,500/-

per month, but as per the provisions of KSLSA the income

ought to have been taken at Rs.8,500/-.

3. Learned counsel for the insurance company

contended that the claimants are major children of the

deceased therefore 1/4th of income ought not to have been

deducted, but considering the facts and circumstances that

Tribunal has taken the notional income on lesser side,

then what ought to have been taken. Thus, compensation

awarded by the Tribunal is found to be just and proper.

Tribunal has even taken Rs.4,500/- per month as notional

income towards 'loss of future prospects in life'.

NC: 2024:KHC:6740

4. Therefore, considering all these facts and

circumstances and that the claimants have not preferred

any appeal for enhancement though the income is taken is

less, finding of the Tribunal in awarding compensation is

just and proper. Hence, no grounds are made out to

reduce the quantum of compensation. Accordingly, the

appeal filed by the insurance company is dismissed.

5. Amount in deposit, if any, shall be transmitted

to the jurisdictional Tribunal forthwith.

Sd/-

JUDGE

DR