Karnataka High Court
Hulagawwa W/O Hulagappa Bangi vs Udaykumar S/O Kuppuswamy And Anr on 4 January, 2024
-1-
NC: 2024:KHC-K:158
MFA No. 202423 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.202423/2018 (MV)
BETWEEN:
HULAGAWWA W/O HULAGAPPA BANGI
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O: KUNJOGI, TQ: MUDDEBIHAL,
DIST: VIJAYAPUR, NOW R/O: BOMMANHALLI,
TQ & DIST: VIJAYAPURA -586 101.
...APPELLANT
Digitally signed
by (BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
KHAJAAMEEN L
MALAGHAN
AND:
Location: High
Court of
Karnataka 1. UDAYKUMAR S/O KUPPUSWAMY
AGE: MAJOR, OCC: BUSINESS,
R/O: SIDDALINGESWAR NILAY, ARLEPETE,
TUMAKUR - 572 105.
2. THE BRANCH MANAGER
THE NEW INDIA ASSURANCE CO. LTD.,
-2-
NC: 2024:KHC-K:158
MFA No. 202423 of 2018
HANAMSHETTI BUILDING, GURUKUL ROAD,
VIJAYAPUR-586 101.
...RESPONDENTS
(BY SRI RAHUL R. ASTURE ADV. FOR R2;
R1-V/O DATED 15.07.2021 NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY
THE JUDGMENT AND AWARD PASSED BY THE COURT OF
THE II ADDL. SENIOR CIVIL JUDGE AND MACT-VII,
VIJAYAPURA, AT VIJAYAPURA IN MVC NO.889/2015
DATED 23.07.2018 AND BE PLESED TO ALLOW THE CLAIM
PETITION BY GRANTING THE RELIEF AS PRAYED FOR BY
THE APPELLANT.
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Appeal is filed by the claimant aggrieved by the
judgment and award passed in M.V.C. No.889/2015 by
the II Additional Senior Civil Judge and MACT-VII,
Vijayapura, dated 23.07.2018, seeking enhancement of
compensation.
2. The claim petition was filed by mother for the
death of her son in the road traffic accident claiming
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compensation of an amount of Rs.25,66,000/-. According
to the claimant, deceased was 22 years old, doing coolie
work and earning an amount of Rs.10,0000/- per month.
3. The respondent-Insurance Company filed
written statement denying the material averments of the
claim petition. It is stated that the claim is on the higher
sides.
4. The claimant in support of her case, examined
herself as PW1 and got marked Exs.P1 to P8. On behalf
of the respondent-Insurance Company, Exs.R1 and R2
were marked.
5. After appreciation of the oral and documentary
evidence, the Tribunal in the absence of proof of income
has assessed income of the deceased at Rs.8,000/- per
month and granted compensation of an amount of
Rs.9,39,000/- as per the following heads:
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Heads Compensation
Awarded
1 Loss of dependency : Rs. 8,64,000/-
2 Loss of love and affection : Rs. 30,000/-
Transportation of dead body : Rs. 25,000/-
and funeral expenses
4 Loss of estate : Rs. 20,000/-
Rounded off : Rs. 9,39,000/-
6. When it comes to the liability the Tribunal had
held there is contributory negligence on the part of the
deceased and apportioned the same 40% on the deceased
and 60% on the driver of the opposite vehicle and directed
the Insurance Company to pay the compensation with
interest.
7. Learned counsel appearing for the claimant
submits that the deceased was 22 years old, hence, the
claimant is entitled for future prospects at 40% and the
same is not considered by the Tribunal. It is submitted
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that the compensation awarded under conventional heads
is also not just and reasonable.
8. Learned counsel appearing for the Insurance
Company submits that the Tribunal considering the
evidence on record had granted reasonable compensation
and no grounds are made out in the appeal for
enhancement of the compensation.
9. Having heard the learned counsels on either
sides perused the material on record.
10. The Tribunal, though there is no evidence, has
rightly taken Rs.8,000/- as monthly income of the
deceased. As rightly contended by the learned counsel for
the appellant, the deceased is entitled for 40% future
prospects, i.e., 3,200/-, total income comes to
Rs.11,200/- per month. As the deceased was bachelor,
50% of Rs.11,200/- has to be deducted towards his
personal expenses, which comes to Rs.5,600/-. The loss
of dependency comes to Rs.12,09,600/- (Rs.5,600/- x
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12 x 8). As mother is the only claimant, under the head
loss of consortium Rs.48,000/- and towards funeral
expenses and loss of estate Rs.36,000/- is awarded.
11. Further, in the light of the law laid down by the
Hon'ble Supreme Court in the case of V. MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
12. The claimant is therefore entitled to the
compensation of amount of Rs.13,03,600/- under the
following heads:
Heads Compensation
Awarded
1 Loss of dependency : Rs. 12,09,600/-
(5,600 x 12 x 18)
2 Loss of consortium : Rs. 48,000/-
3 Towards funeral and loss of estate : Rs. 36,000/-
4 Legal expenses : Rs. 10,000/-
TOTAL : Rs. 13,03,600/-
(2014) 11 SCC 178
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13. The Tribunal basing on the evidence has rightly
apportioned negligence of 40% on the deceased and 60%
on the driver of the offending vehicle. This Court finds no
reason to interfere with the same. Hence, out of
Rs.13,03,600/- the Insurance Company is liable to pay an
amount of 60% of the compensation amount i.e., An
amount of Rs.7,82,160/-.
14. Accordingly, the Appeal is allowed-in-part, by
enhancing the compensation from an amount of
Rs.9,39,000/- to an amount of Rs.13,03,600/- out of the
said amount the insurance company is liable to pay 60%
of to said amount i.e., an amount of Rs.7,82,160/-.
i) The enhanced amount shall carry interest
at 6% p.a., from the date of petition till the
date of realization.
ii) The respondent - Insurance Company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of
the judgment. On such deposit, the
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claimant is entitled to withdraw the entire
amount without furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court
forthwith without any delay.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
Judge
SBS
