Karnataka High Court
Rukmawwa D/O. Nagappa Mali vs Basappa Laxmappa Dalawai on 28 February, 2024
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NC: 2024:KHC-D:4619
MFA No. 102568 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102568 OF 2014 (MV-D)
BETWEEN:
1. SMT. RUKMAWWA
D/O. NAGAPPA MALI,
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O. ROOGI, TALUKA: MUDHOL,
DIST: BAGALKOT, NOW RESIDING
AT: RAMTEERTH NAGAR,
BELGAUM.
2. SMT. RATNAWWA
D/O. NAGAPPA MALI,
AGE: 28 YEARS, OCC: HOUSEHOLD,
R/O. ROOGI, TALUKA: MUDHOL,
DIST: BAGALKOT, NOW RESIDING
Digitally AT: RAMTEERTH NAGAR, BELGAUM.
signed by
ROHAN
ROHAN HADIMANI
HADIMANI T
T Date: 3. SMT. SHUDHLA MALLAPPA MUDDAPEER,
2024.03.01
11:37:57
+0530 AGE: 26 YEARS, OCC: HOUSEHOLD,
R/O. ROOGI, TALUKA: MUDHOL,
DIST: BAGALKOT, NOW RESIDING
AT: RAMTEERTH NAGAR, BELGAUM.
4. SMT. GANGAWWA
D/O. NAGAPPA MALI,
AGE: 24 YEARS, OCC: HOUSEHOLD,
R/O. ROOGI, TALUKA: MUDHOL,
DIST: BAGALKOT, NOW RESIDING
AT: RAMTEERTH NAGAR, BELGAUM.
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NC: 2024:KHC-D:4619
MFA No. 102568 of 2014
5. SMT. RENUKA
@ REKHA BASAVRAJ KULGOD,
AGE: 23 YEARS,
OCC: HOUSEHOLD,
R/O. ROOGI,
TALUKA: MUDHOL,
DIST: BAGALKOT,
NOW RESIDING AT: RAMTEERTH
NAGAR, BELGAUM.
...APPELLANTS
(BY SMT. GEETHA K. M, ADVOCATE)
AND:
SHRI. BASAPPA LAXMAPPA DALAWAI,
AGE: MAJOR,
OCC: AGRICULTURE,
RESIDING OF METGUD,
TALUK: MUDHOL,
DISTRICT: BAGALKOT.
...RESPONDENT
(NOTICE TO RESPONDENT SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 30/11/2011 PASSED IN M.V.C NO.1686/2010 BY
THE COURT OF THE III ADDL. DISTRICTAND SESSIONS JUDGE AND
ADDL. MACT IV, BELGAUM AND PASS SUCH OTHER ORDER OR
ORDERS AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4619
MFA No. 102568 of 2014
JUDGMENT
This appeal is filed by the claimant seeking for
enhancement of compensation challenging the judgment and
award dated 30.11.2011 passed in MVC No.1686/2010 by the
III Additional District and Sessions Judge and Presiding Officer,
Additional MACT, Belgaum (for short, 'Tribunal').
2. Brief facts leading to filing of this appeal are that on
11.03.2010, the deceased Nagappa Tulajappa Mali was
proceeding on his motorcycle towards his land by the side of
Roogi Halaki road. When he reached near the land of Venkappa
Vantagudi, the rider of the Hero Honda motorcycle bearing
registration No.KA-29/K-1891 came in a rash and negligent
manner and dashed to the motorcycle of the deceased resulted
deceased Nagappa Mali sustained grievous injuries. He
succumbed to those injuries. This claim petition is filed by the
legal heirs stating that there are the dependants of the
deceased and deceased was working as a coolie and getting
wage of Rs.6,000/- per month. He was aged about 51 years at
the time of accident. The respondent being owner of the Hero
Honda motorcycle bearing registration No.KA-29/K-1891 filed
NC: 2024:KHC-D:4619
the written statement denying claim averments and sought for
dismissal of the claim petition.
3. During the Trial, the appellants examined appellant
No.1 as PW1 and got marked Exs.P1 to P7. Respondent has not
produced any evidence. Tribunal on analysis of the evidence
has awarded total compensation of Rs.1,90,000/- together with
costs and interest at the rate of 6% per annum from the date
of petition till realization. Being aggrieved by the award of
compensation the present appeal is filed by claimants seeking
for enhancement.
4. Learned counsel Smt. Geetha K.M., appearing for
the appellants submits that Tribunal committed grave error in
assessing income of the deceased Nagappa at Rs.3,000/- per
month as he was earning more than Rs.6,000/- from his coolie
work. It is submitted that the Tribunal committed grave error in
not awarding any compensation under the head of loss of
future prospects of the deceased and also not awarded the
compensation under the head of loss of consortium. Hence,
learned counsel seeks to allow the appeal by modifying and
enhancing the compensation appropriately. Though the notice
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of this appeal is served to the respondent/owner of the vehicle
remained absent. Hence, placed ex-parte.
5. Having heard learned counsel for the parties and on
perusal of material available on record the following point
would arise for consideration in this appeal.
6. Whether the appellant/claimant would be entitled
for the enhanced compensation?
7. Answer to the above point would be in the
'affirmative' for the following reasons.
8. The evidence available on record indicate that the
deceased Nagappa Mali was proceeding on motorcycle on
11.03.2010 on the left side of the road, at that time the rider of
motorcycle bearing registration No.KA-29/K-1891 came in rash
and negligent manner and dashed to the motorcycle resulted in
sustaining grievous injury to him and succumbed to those
injuries. The evidence on record further indicate that the
deceased was aged about 51 years and doing coolie work. It is
admitted fact that the appellant/claimant has not produced any
iota of evidence to substantiate the claim of income. In the
absence of any evidence available on record with regard to the
NC: 2024:KHC-D:4619
income, this Court places its reliance on the notional income
chart prepared by the Karnataka State Legal Services
Authority. Taking note of the aforesaid chart, this Court assess
income of the deceased at Rs.5,500/- per month. The Tribunal
has not justified in awarding any compensation under the head
of loss of future prospects. Keeping in mind the law laid down
by the Hon'ble Apex Court in the case of National Insurance
Company Limited Vs. Pranay Sethi & Others1 the
deceased being aged about 51 years and was self employed.
Hence, appellant are entitled for addition of 10% of the
assessed income under the head of loss of future prospects.
The appellants being wife and daughters of the deceased are
entitled to Rs.40,000/- each under the head of loss of
consortium. The appellants are entitled to Rs.30,000/- under
the head of Funeral expenses, transportation of dead body and
loss of estate. The impugned judgment and award of the
Tribunal is modified to the aforesaid accident. The appellants
are entitled to interest at the rate of 6% per annum on the
compensation amount. Thus, the claimants would be entitled
2017(16) SCC 680
NC: 2024:KHC-D:4619
for modified compensation on the head of loss of dependency
as under:
Rs.5,500 + 10% x 12 x 11 x 4/5=6,38,880/-
9. This Court while condoning delay has held that the
appellant is not entitled for the interest for a period of 940
days. Registry shall take note of the same while drawing the
award.
10. Thus, the claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 6,38,880/-
Transportation of dead body and funeral 30,000/-
expenses
Loss of consortium (40,000x5) 2,00,000/-
Total 8,68,880/-
11. Thus, the claimant shall be entitled to total
compensation of Rs.8,68,880/- as against Rs.1,90,000/-
awarded by the Tribunal.
12. In the result, this Court proceeds to pass the
following:
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ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to total compensation
of Rs.8,68,880/- as against Rs.1,90,000/-
awarded by the Tribunal.
c) The enhanced compensation amount shall carry
interest at the rate of 6% per annum from the
date of petition till the date of payment.
d) The Corporation shall deposit the enhanced
compensation amount with accrued interest
before the Tribunal within a period of six weeks
from today.
e) The apportionment, deposit and disbursement of
enhanced compensation shall be made as per
award of the Tribunal.
f) Registry to transmit the records forthwith to the
Tribunal.
g) Draw modified award accordingly.
Sd/-
JUDGE
RKM
