Karnataka High Court
Smt.Siddawwa vs Hanamanth on 28 February, 2024
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NC: 2024:KHC-D:4618
MFA No. 102949 of 2016
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. 102949 OF 2016 (MV)
BETWEEN:
1. SMT. SIDDAWWA
W/O. TAMMANNI @ TAMMANNEPPA
JAKKANNAVAR,
AGE: 46 YEARS,
OCC: HOUSE WIFE.
2. DASHARATH
S/O. TAMMANNI @ TAMMANNEPPA
JAKKANNAVAR,
AGE: 33 YEARS,
OCC: COOLIE.
Digitally
3. MARUTI
signed by
ROHAN S/O. TAMMANNI @ TAMMANNEPPA
ROHAN HADIMANI
HADIMANI T
T Date:
JAKKANNAVAR,
2024.03.01
11:38:08 AGE: 31 YEARS,
+0530
OCC: COOLIE.
4. SMT. YANKAWWA
W/O. BIRASIDDAPPA JAKKANNAVAR,
AGE: 72 YEARS,
OCC: HOUSEHOLD WORK,
ALL ARE R/O. HUNNUR,
TQ: JAMKHANDI,
DIST: BAGALKOT.
...APPELLANTS
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
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MFA No. 102949 of 2016
AND:
1. HANAMANTH
S/O. MALLAPPA MAGDUM,
AGE: 59 YEARS,
OCC: FARMER,
R/O. YALLATTI,
TQ: JAMKHANDI,
DIST: BAGALKOT.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
SS FRONT ROAD,
BIJAPURA.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR RESPONDENT NO.2,
NOTICE TO RESPONDENT NO.1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT 1988, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 02.02.2016, PASSED BY THE I ADDL. DISTRICT
AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMAKHANDI AND
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XI, JAMAKHANDI
AT: JAMAKHANDI IN MVC NO.204/2015 AND SUITABLY
MODIFY/ENHANCE THE SAME, 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:4618
MFA No. 102949 of 2016
JUDGMENT
This appeal is filed by the appellants challenging
judgment and award dated 02.02.2016 passed by I
Additional District and Sessions Judge, Bagalkot to sit at
Jamakhandi and Member, Motor Accident Claims Tribunal
No.XI at Jamakhandi (for short, 'Tribunal') in MVC
No.204/2015.
2. Brief facts of the case are that on 23.02.2015
the deceased Tammanni @ Tammanneppa S/o Birsiddappa
Jakkannavar was walking on Jamakhandi-Banhatti road
towards his land, at that time the driver of the Tractor
bearing registration NoKA-33/T-7788 along with Trailer
came in rash and negligent manner and dashed to the
deceased Tammanni. Due to the said impact Tammanni
sustained grievous injuries and he was shifted to KLE
Hospital, Jamakhandi and later shifted to Sanjeevini
Hospital at Vijayapur. The Doctor declared him brought
dead. The legal heirs of the deceased filed claim petition
claiming substantial amount to the deceased for treatment
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and he was aged about 56 years and doing agricultural
activities and earning Rs.25,000/- per month and entire
income is used to contribute towards family.
3. The respondents filed objections by denying
averments of the claim petition. It is averred that there is
no negligence on the part of the Driver of the Tractor. The
respondents have denied the age, occupation and income
of the deceased and sought for dismissal of the claim
petition.
4. During the Trial the appellant/claimant examined
appellant No.1 as PW1 and got marked 8 documents as
Exs.P1 to P8. The respondent have not adduced evidence
with the consent and got marked Ex.R1-Insurance policy.
The Tribunal after analysis of the evidence has awarded
total compensation of Rs.4,20,072/- along with interest at
the rate of 6% per annum. Being aggrieved by the same,
the claimants have preferred this appeal seeking for
enhancement of compensation.
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5. Learned counsel Shri. Prashant Kadadevar,
appearing for the appellants submits that the Tribunal
committed grave error in deducting 2/3rd of the income of
the deceased towards the personal and living expenses. It
is submitted that the Tribunal committed grave error in
assessing income of the deceased at Rs.5,000/- per
month. He also submits that the Tribunal has not awarded
any compensation under the head of loss of future
prospects and also not awarded any compensation under
the head of loss of consortium. Hence, he seeks to modify
the impugned judgment and award by awarding
compensation appropriately.
6. Per contra, learned counsel Shri.S.S.Koliwad
appearing for respondent No.2 supports the impugned
judgment and award of the Tribunal and submits that the
appellant Nos.2 and 3 are sons of the deceased Tammanni
who are major and evidence on record indicate that they
are earning members of the family. Hence, deduction of
2/3rd towards the personal living expenses of the deceased
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is just and proper and does not call for any interference. It
is submitted that the Tribunal taking note of evidence
available on record has assessed income and awarded just
and proper compensation which does not call for any
interference in the appeal filed by the claimants. Hence, he
seeks to dismiss the appeal.
7. Having heard the learned counsel for the parties
and on perusal of material available on record. The only
point that arises for consideration in this appeal is
"whether the appellant/claimant would be entitled for the
enhanced compensation?
8. Answer to the above point would be in the
'affirmative' for the following reason.
9. The parties to the proceeding does not dispute
that on 23.02.2015, one Shri. Tammanni has suffered
grievous injuries and later he succumbed to those injuries.
It is also not in dispute that the Tractor bearing
registration No.KA-33/T-7778 was involved in the
accident. The Tribunal while determining the compensation
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has assessed the income of the deceased at Rs.5,000/-
per month. Admittedly, the appellants have not produced
cogent and acceptable evidence before the Tribunal with
regard to the income of the deceased. Hence, it would be
just and proper to assess the income of the deceased by
placing reliance on the chart prepared by the Karnataka
State Legal Services Authority. Accordingly, this Court
assessed the income of the deceased at Rs.8,000/- per
month. The Tribunal committed further error in not
awarding any compensation under the head of loss of
future prospects. Keeping in mind law laid down by the
Hon'ble Apex Court in the case of National Insurance
Company Limited vs. Pranay Sethi & Others1 the
appellants are entitled for compensation under the head of
loss future prospects at the rate of 10% per annum of the
assessed income of the deceased. The appellants are also
entitled for Rs.40,000/- each under the head of loss of
consortium. The appellants are entitled to Rs.30,000/-
2017(16) SCC 680
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under the head loss of estate, transportation of dead body
and funeral expenses. The appellants are entitled for the
interest at the rate of 6% per annum on the compensation
amount. The Tribunal has rightly applied multiplier 9 which
is unaltered.
10. Thus, the claimants would be entitled for
modified compensation on the head of loss of dependency
as under:
Rs.8,000 + 10% x 12 x 9 x 2/3=6,33,600/-
11. Thus, the claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 6,33,600/-
Transportation of dead body and 30,000/-
funeral expenses
Loss of consortium (40,000x4) 1,60,000/-
Total 8,23,600/-
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12. Thus, the claimant shall be entitled to total
compensation of Rs.8,23,600/- as against Rs.4,20,072/-
awarded by the Tribunal.
13. In the result, this Court proceeds to pass the
following:
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.8,23,600/- as against
Rs.4,20,072/- 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.
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f) Draw modified award accordingly.
Sd/-
JUDGE
RKM
