Karnataka High Court
Smt. Yashodamma W/O Late Madanna vs Manju Bhargav G. S/O H. Gaviyanna on 29 February, 2024
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NC: 2024:KHC-D:4678
MFA No. 100140 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100140 OF 2021 (MV)
BETWEEN:
1. SMT. YASHODAMMA W/O. LATE MADANNA,
AGE: 37 YEARS, OCC: HOUSEWIFE.
2. MANDARA G. M,
D/O. LATE MADANNA G. O,
AGE: 20 YEARS, OCC: STUDENT.
3. MINOR BORAMMA G. M,
D/O. LATE MADANNA G. O,
AGE: 17 YEARS, OCC: STUDENT.
4. MINOR G. M. DARSHAN,
S/O. LATE MADANNA G. O,
AGE: 15 YEARS, OCC: STUDENT,
THE APPELLANT NO.4 MINOR IS
REPRESENTED BY NATURAL
MOTHER SMT. YASHODAMMA,
Digitally I.E. APPELLANT NO.1.
signed by
ROHAN
ROHAN HADIMANI
HADIMANI T 5. OBAIAH GONCHAGARA S/O. BORAIAH
T Date:
2024.03.05 AGE: 72 YEARS.
11:12:01
+0530
6. SMT. PALAMMA W/O. OBAIAH G,
AGE: 69 YEARS,
OCC: HOUSEWIFE,
ALL ARE RESIDENT OF
KARTHIKE HATTI,
POOJARAHALLI, KUDLIGI TALUK,
BALLARI DIST,
PRESENTLY RESIDING AT 2ND CROSS,
GANDHI NAGAR, BALLARI-583101.
...APPELLANTS
(BY SRI. MANJUNATH JADAI, ADVOCATE)
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NC: 2024:KHC-D:4678
MFA No. 100140 of 2021
AND:
1. MANJU BHARGAV G.
S/O H. GAVIYANNA
AGE: 40 YEARS,
DRIVER OF MAHINDRA XYLO CAR
BEARING NO.KA-35/N-1582,
R/O. D.NO.685/4,
1ST MAIN, 1ST CROSS,
BHAGATH SINGH NAGAR,
DAVANAGERE-577001.
2. K. R. RAVI S/O. K. REVANNA,
AGE: 42 YEARS,
OWNER OF MAHINDRA XYLO CAR
BEARING NO.KA-35/N-1582,
R/O. HUDEM VILLAGE,
KUDLIGI TALUK,
BALLARI DISTRICT-583135.
3. THE DIVISIONAL MANAGER,
M/S. ORIENTAL INSURANCE CO. LTD,
BUDA COMPLEX,
NEAR MOTHI CIRCLE,
BALLARI-583101.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR RESPONDENT NO.3
NOTICE TO RESPONDENT NO.1 AND 2 DISPENSED WITH)
THIS MISCELLENEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DT.27.01.2020 PASSED IN MVC NO.880/2018 ON THE
FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL-II, AT BALLARI AND
ENHANCE THE COMPENSATION BY ALLOWING THE APPEAL TO MEET
THE JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 100140 of 2021
JUDGMENT
This appeal by the claimants seeking enhancement of
compensation against the judgment and award dated
27.01.2020 passed in MVC.No.880/2018 on the file of the
MACT-II, Bellary (for short, 'Tribunal').
2. Brief facts are that on 04.05.2018 one Madanna
was proceeding in Mahindra Xylo car bearing registration
No.KA-35/N-1582. At the time, the driver of the car drew the
same in high speed in rash and negligent manner and dashed
to Tamarind tree. The said Madanna and other inmates
sustained grievous injuries. Madanna was shifted to Govt.
Hospital, Sandur and thereafter, to VIMS Hospital, Ballary.
During the treatment he succumbed to the injuries. As a result
of which, the legal heirs of the deceased Madanna filed the
claim petition seeking for compensation.
3. Respondent No.3/Insurance Company entered
appearance by filing objections. They have denied the accident,
age, income and avocation of the deceased Madanna and
sought of dismissal of the petition.
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4. The appellant No.1 examined herself as PW1 and
got marked 8 documents as Exs.P1 to P8. Respondent No.3 has
not adduced any evidence, with the consent, got marked
Ex.R1.
5. The Tribunal after analysing the evidence, awarded
total compensation of Rs.17,71,000/- along with interest at the
rate of 7% per annum. Being aggrieved of the compensation,
the present appeal is filed by the claimants.
6. Sri. Manjunath Jadai, learned counsel appearing for
the appellants submits that the Tribunal committed an error in
assessing the income of the deceased at Rs.9,000/- per month.
It is submitted that the award of compensation on other heads
are also on lower side. Hence, he seeks to allow the appeal.
7. Per contra, Sri. S.K.Kayakmath, learned counsel
appearing for the respondent supports the impugned
judgement and award of the Tribunal and submits that the
appellants have not produced any evidence to substantiate
their claim with regard to the income of the deceased. It is
submitted that the award of compensation by the Tribunal is
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just and proper and does not call for any enhancement. Hence,
he seeks to dismiss the appeal.
8. Having heard the arguments, perused the material
available on record.
9. The point that would arise for consideration in this
appeal is:
Whether the appellants/claimants are entitled
for the enhanced compensation?
10. The answer to the aforesaid point is affirmative for
the following reasons.
11. The parties to the proceeding do not dispute that in
a road traffic accident Sri. Madanna has died. The appellants
have claimed that the deceased was an agriculturist and getting
an income of Rs.3 lakhs per annum and was maintaining his
family. Admittedly, the appellants have not produced any
evidence to substantiate the income of the deceased. In the
absence of any evidence, this Court normally relies on the
notional income chart prepared by the Karnataka State Legal
Services Authority (KSLSA) to assess the income.
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12. Placing reliance on the aforesaid chart, this Court
deems it proper to assess the income of the deceased at
Rs.11,750/- per month as against Rs.9,000/-. The Tribunal has
rightly applied the multiplier and deducted 1/4th to personal
expenses and granted 40% for future prospects. The same are
unaltered. Hence, the appellants are entitled for compensation
under the head of loss of dependency is as under:
Rs.11,750 - 2,937 (1/4th deduction) = Rs.8,813/-.
Rs.8,813 + 40% X 12 X 15 = Rs.22,20,840/-
13. The appellant No.1 is entitled to Rs.40,000/- with
10% escalation under the head of loss of consortium which
comes to Rs.44,000/- (i.e.Rs.40,000 + 10%) and appellants
No.2 to 6 are together entitled to Rs.2,00,000/- under the head
of loss of consortium.
14. The appellants are entitled to Rs.30,000/- with 10%
escalation under the head of loss of estate, funeral expenses
and transportation of dead body which comes to Rs.33,000/-
(i.e.Rs.30,000 + 10%). The enhanced compensation carries
interest at the rate of 6% per annum.
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15. Thus, the claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 22,20,840/-
Loss of estate and funeral expenses 33,000/-
Loss of consortium 2,44,000/-
Total 24,97,840/-
16. Thus, the claimants shall be entitled to total
compensation of Rs.24,97,840/- as against Rs.17,71,000/-
awarded by the Tribunal.
17. 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
claimants would be entitled to total
compensation of Rs.24,97,840/- as against
Rs.17,71,000/- awarded by the Tribunal.
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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 Insurance Company 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) Draw modified award accordingly.
Sd/-
JUDGE
RH
