Karnataka High Court
Chetana W/O Hemareddy Gudasalamaniand ... vs Maruti S/O Ningappa Solagepatil And Anr on 8 January, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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MFA No.200650 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.200650 OF 2023 (MV-D)
BETWEEN:
1. CHETANA
W/O HEMAREDDY GUDASALAMANI
AGE: 58 YEARS, OCC: HOUSEHOLD
2. SUKANYA
D/O HEMAREDDY GUDASALAMANI
AGE: 26 YEARS, OCC: STUDENT
3. DEEPA
D/O HEMAREDDY GUDASALAMANI
AGE: 25 YEARS, OCC: STUDENT
Digitally signed by
SWETA KULKARNI 4. SACHIN
Location: High
Court Of Karnataka
D/O HEMAREDDY GUDASALAMANI
AGE: 23 YEARS, OCC: STUDENT
ALL ARE R/O H.NO.2122,
NEW BUS STAND BACKSIDE,
VEERA SOMESHWAR NAGAR,GADAG
NOW RESIDING AT AHAMED NAGAR
VIJAYAPURA - 586 101.
...APPELLANTS
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
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MFA No.200650 of 2023
AND:
1. MARUTI
S/O NINGAPPA SOLAGEPATIL
AGE: 43 YEARS, OCC: BUSINESS
R/O: 933/14, SIDDESHWAR NAGAR,
KANABARAGI, BELGAUM 590 008.
2. THE BRANCH MANAGER
THE NATIONAL INSURANCE CO LTD.
S.S. FRONT ROAD, VIJAYAPURA 586 101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR
SRI NARENDRA M. REDDY, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH V/O. DATED 04.08.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO CALL FOR THE RECORDS, TO
MODIFY THE JUDGMENT AND AWARD DATED: 01.02.2022
PASSED IN M.V.C.NO.404/2019 ON THE FILE OF THE COURT
OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VII VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT OF RS.60,95,477/- ONLY AS
CLAIMED BY THE APPELLANTS BEFORE THIS COURT IN THE
INTEREST OF JUSTICE AND ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
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MFA No.200650 of 2023
JUDGMENT
The claimants' petition in MVC No.404/2019 on the
file of the II Additional Senior Civil Judge and Member,
MACT-VII at Vijayapura [for short, 'the Tribunal'] is allowed
in part granting a total sum of `14,04,523/- along with
interest at the rate of 6% per annum as compensation. The
present appeal is filed seeking enhancement.
2. Sri Chandrakant L. Koujalagi, the learned
counsel for the appellants, submits that the Tribunal has
computed the loss of dependency taking the notional income
of Sri Hemareddy [the deceased] in a sum of `11,750/- in
terms of the schedule evolved for settlement in Lok Adalat
despite the appellants' specific case that Sri Hemareddy,
who was no longer a Government servant as an Engineer,
was working as a site supervisor with Sri Shashidhar Reddy
[PW-4] and drawing a sum of `25,000/- per month as
income. The learned counsel submits that this case, which
is established by Ex.P-15 and the ocular evidence of the
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witness [the employer], should have been considered in right
perspective.
3. Sri Manvendra Reddy, the learned counsel for the
second respondent - Insurer, while not disputing the
accident, the relationship between Sri Hemareddy and the
appellants and the Insurer's liability, supports the
determination of loss of dependency taking the notional
income at `11,750/- contending that the Tribunal is
justified in observing that the employer's evidence cannot be
believed in the absence of any material to corroborate salary
certificate. He also submits that the Tribunal has granted
just and reasonable compensation on all heads including
loss of consortium.
4. The point for consideration is whether this Court
must revisit the compensation awarded under the head of
loss of dependency. It is undisputed that Sri Hemareddy is
now survived by his wife and three dependent children who
are students; that Sri Hemareddy was in employment with
the Government as a Junior Engineer until his termination
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from service after due enquiry and as such, he did not
receive any pension. It is also undisputed that Sri
Hemareddy, who had suffered a stroke, had recovered
completely as of the date of accident.
5. Crucially, the employer's evidence that Sri
Hemareddy was in his employment is not disbelieved and
cannot be disbelieved as well in the absence of any contra
material. However, the employer's evidence that the
deceased was being paid `25,000/- per month only because
of a certificate signed by him also cannot be accepted. But
then it would also not be just and fair to take the notional
income at `11,750/- which is applied to unskilled labour.
The question is what could have been Sri Hemareddy's
income, and this Court is of the considered view that to
award just and reasonable compensation towards the loss of
dependency will be when the income is taken at `15,000/-
per month as against `11,750/- per month. The other
parameters will have to be retained and there cannot be any
addition towards future prospects because Sri Hemareddy
was above 60 years of age.
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6. The loss of dependency is computed thus:
The Computation of Loss of Dependency:
Computation of Loss of Dependency
Description By the Tribunal By this Court
Income `11,750.00 `15,000.00
Deduction of 1/4th
towards personal `2,938.00 `3,750.00
expenses
Monthly income with
deduction towards `8,812.00 `11,250.00
personal expenses
Therefore, Annual
`1,05,744.00 `1,35,000.00
Income
Loss of Dependency `7,40,208.00 `9,45,000.00
The compensation that the appellants would be entitled to is
as follows:
The computation of enhancement
By Tribunal By this Court
Description
Loss of dependency `7,40,208.00 `9,45,000.00
Loss of estate `15,000.00 `15,000.00
Loss of consortium `1,60,000.00 `1,60,000.00
Transportation and
funeral expenses/ `15,000.00 `15,000.00
Conventional Heads
Medical expenses `4,74,315.00 `4,74,315.00
Total `14,04,523.00 `16,09,315.00
Enhancement `2,04,792.00
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Hence, we proceed to pass the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award dated
01.02.2022 passed in MVC No.404/2019 on the
file of the II Additional Senior Civil Judge and
Member, MACT-VII at Vijayapura is modified
granting enhanced compensation in a sum of
`2,04,792/- with interest at the rate of 6% per
annum.
(iii) The Insurer shall deposit such amount within
eight weeks from today on receipt of certified copy
of this judgment along with interest at the rate of
6% per annum.
(iv) The apportionment and the disbursement as
directed by the Tribunal is not modified.
Sd/-
JUDGE
Sd/-
JUDGE
SWK/Ct;Vk
