Karnataka High Court
Annapurna And Ors vs The Deputy Commissioner Of Police And ... on 2 July, 2024
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MFA No. 203934 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO. 203934 OF 2023 (MV-D)
BETWEEN:
1. SMT. ANNAPURNA
W/O LATE SHIVARAJ BAIRAWADAGI,
AGE: 40 YEARS, OCC: HOUSEHOLD.
2. KUMARI VEDAVATI
D/O LATE SHIVARAJ BAIRAWADAGI,
AGE: 15 YEARS, OCC: STUDENT
MINOR U/G OF HER NATURAL MOTHER APPELLANT
NO.1.
Digitally signed by 3. KUMAR MANJUATH
BASALINGAPPA
SHIVARAJ S/O LATE SHIVARAJ
DHUTTARGAON AGE: 11 YEARS, OCC: STUDENT,
Location: HIGH
COURT OF MINOR U/G OF APPELLANT NO.1 HIS MOTHER.
KARNATAKA
ALL ARE RESIDENCE OF GADAG NOW RESIDING AT
VILLAGE INACHAGI, TQ. MIDDEBIHAL,
DISTRICT: VIJAYAPURA.
...APPELLANTS
(BY SMT. SHIVALEELA S.S., ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER OF POLICE
TRAFFIC WEST DIVISION,
YESHWANTHAPUR, BANGALORE- 560 022.
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MFA No. 203934 of 2023
2. KARNATAKA GOVERNMENT
INSURANCE DIRECTORATE,
(KGID) 14TH, 19TH FLOOR,
VISVESHVARAYA MAIN TOWER,
DR B R AMBEDKAR VEDHI, BANGALORE -560001.
S/S THROUGH KGID OFFICE,
NEAR IBRAHIMPUR RAILWAY GATE,
VIJAYAPURA.
(POLICY NO.170057762
VALID FROM 04.05.2018 TO 03.05.2019).
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY SETTING ASIDE THE JUDGEMENT AND
AWARD DATED 22.10.2021 PASSED IN MVC NO.1070/2019 BY
THE COURT OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT
VII AT VIJAYAPURA VIDE ANNEXURE-I AND FURTHER BE
PLEASED TO ENHANCE THE TOTAL COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY
RAJESH RAI K J., DELIVERED THE FOLLOWING:
JUDGMENT
This miscellaneous first appeal is filed by the
appellants-petitioners under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) challenging the judgment and award dated
22.10.2021 passed in MVC No.1070/2019 by the II Addl.
Senior Civil Judge and MACT-VII, Vijayapura (hereinafter
referred to as 'the Tribunal', for short).
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2. For the sake of convenience, parties are
referred to as per their ranking before the Claims Tribunal.
3. Facts giving rise to the filing of the appeal
briefly stated are that:
On 23.05.2018 at about 1.15 a.m., while the
deceased Shivaraj was crossing the road near Gayatri
Vihar Parking Yard, Aramane Garden Gate No.4 at
Bengaluru, at that time, Mahindra Bolero Vehicle bearing
registration No.KA-02/G-1989 came with high speed in a
rash and negligent manner and dashed to the deceased.
Due to the said impact, the deceased Shivaraj sustained
fatal injuries and died on the way to the hospital.
4. It is further contended that, prior to the
accident, deceased was hale and healthy, aged 43 years,
and he was earning Rs.20,000/- per month out of his
avocation as watchman and Rs.20,000/- per month out of
his avocation as Watchman. In view of the sudden and
untimely death of deceased, the petitioners have lost their
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beloved family member and his earnings. Hence, they filed
a claim petition seeking compensation.
5. After service of notice, respondent Nos.1 and 2
entered appearance, however did not file objection
statement.
6. On the basis of pleadings, the Tribunal framed
relevant issues for consideration.
7. On the basis of material evidence both oral and
documentary and on hearing the submissions of learned
counsel for both the parties, Tribunal awarded
compensation of Rs.10,46,112/- with interest @ 6% p.a.
to the petitioners. Being aggrieved by the quantum of
compensation awarded by the Tribunal, the petitioners are
before this Court seeking enhancement of compensation.
8. Heard the learned counsel for the petitioners
and learned counsel for respondents.
9. Learned counsel for the petitioners contended
that the Tribunal has failed to add future prospects in view
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of the law laid down by the Hon'ble Apex Court in the case
of National Insurance Co., Ltd., vs. Pranay Sethi and
others reported in AIR 2017 SC 5157. He also contends
that the compensation awarded by the Tribunal under
other heads is on the lower side. Hence, the learned
counsel seeks indulgence of this Court to allow the appeal
and to enhance the compensation.
10. Per contra, learned counsel for the respondent -
HCGP supports the impugned judgment and award passed
by the Tribunal. She further submits that the
compensation awarded by the Tribunal is just and proper
and does not call for any interference. Hence, prays to
dismiss the appeal.
11. It is not in dispute with regard to accident and
also death of Shivaraj in the road traffic accident. In order
to prove the negligence on the part of the driver of the
Mahindra Bolero, the petitioners have produced certified
copy of FIR at Ex.P1 and copy of the charge sheet marked
at Ex.P6, which discloses that the accident has occurred
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due to the rash and negligent driving by the driver of the
offending vehicle. The Tribunal was justified in recording a
finding that the accident was occurred due to rash and
negligent driving by the driver of the Mahindra Bolero.
12. Insofar as quantum of compensation is
concerned, the deceased was aged 45 years as on the
date of the accident as per Post mortem report. It is
contended that he was working as Watchman and earning
Rs.20,000/- per month. In support of the contention, the
petitioners have not tendered any evidence.
13. In the absence of any evidence or proof of
income, the notional income of the deceased can be
assessed as per the guidelines issued by the Karnataka
State Legal Services Authority. Since the accident has
taken place in the year 2018, the notional income has to
be taken at Rs.11,750/- p.m. as per chart. In view of the
law laid down by the Constitution Bench of the Hon'ble
Supreme Court in National Insurance Co., Ltd., vs.
Pranay Sethi and others reported in AIR 2017 SC
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5157, to the aforesaid amount, 25% has to be added
towards future prospects as the deceased was aged about
45 years. Thus, the monthly income comes to Rs.14,687/.
Out of which, it is appropriate to deduct 1/3rd towards
personal expenses and therefore, the monthly income
comes to Rs.9,792/- (14,687-4895).
14. As on the date of the accident, the deceased
was aged 45 years, as per the decision of Hon'ble Apex
Court in the case of SARLA VERMA (SMT) & OTHERS
VS. DELHI TRANSPORT CORPORATION & ANOTHER,
reported in (2009) 6 SCC 121, the multiplier applied to
the age group of the petitioner is 14 which is rightly taken
by the tribunal. Therefore, the petitioners are entitled for a
sum of Rs.16,45,056/-(9,792/- x 12 x 14) on account of
loss of dependency.
15. The petitioners are the wife, and two children of
the deceased. In view of the law laid down by the Hon'ble
Supreme Court in Magma General Insurance Company
Limited vs. Nanu Ram Alias Chuhru Ram & Others
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reported in 2018 ACJ 2782, each of the petitioners are
entitled for a sum of Rs.48,000/- under the head of 'loss of
consortium', which comes to Rs.1,44,000/.
16. In addition, the petitioners are entitled to
Rs.15,000/- on account of 'loss of estate' and Rs.15,000/-
towards 'funeral expenses and transportation of dead
body'.
17. Thus the petitioners are entitled for a total
compensation of Rs.17,95,056/- as against Rs.10,46,112/-
awarded by the Tribunal. Hence, the petitioners are
entitled for enhanced compensation of Rs.7,48,944/-.
18. Accordingly, we proceed to pass the following;
ORDER
(a) The appeal is allowed in part.
(b) The petitioners are entitled for a total
compensation of Rs.17,95,056/- as
against Rs.10,46,112/- awarded by the
Tribunal.
(c) The petitioners are entitled for an
enhanced compensation of Rs.7,48,944/-
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along with interest at the rate of 6% p.a.
from the date of claim petition till the date
of realization of amount.
(d) The Respondents are directed to deposit
the compensation amount along with
interest, within a period of eight weeks
from the date of receipt of copy of this
order.
(e) All other terms and conditions stipulated
by the Tribunal shall remain intact.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT;BN
