Karnataka High Court
Smt. Shanthamma vs Mallikarjunaiah C on 5 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25680
MFA No. 7072 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO.7072 OF 2019(MV-D)
BETWEEN:
1. SMT. SHANTHAMMA
W/O LATE RAJANNA
AGED ABOUT 29 YEARS
2. USHA K.R.,
D/O LATE RAJANNA
AGED ABOUT 13 YEARS.
3. KIRAN R.,
S/O LATE RAJANNA
AGED ABOUT 12 YEARS.
APPELLANTS NO.2 AND 3 ARE
MINORS RERPESENTED BY THEIR
Digitally signed by B
NATURAL GUARDAIN MOTHER
K
MAHENDRAKUMAR
APPELLANT NO.1
Location: High SMT. SHANTHAMMA
Court of Karnataka
4. CHANDRAMMA,
W/O GIRIYAPPA
AGED ABOUT 57 YEARS,
ALL ARE RESIDING AT
BODATHIMMANAHALLI VILLAGE,
GUBBI TALUK,
TUMAKURU DISTRICT.
-2-
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MFA No. 7072 of 2019
NOW RESIDING AT KATRIKEHALLI,
C.N. HALLI TALUK - 586 201
...APPELLANTS
(BY SRI. M V MAHESWARAPPA., ADVOCATE)
AND:
1. MALLIKARJUNAIAH C.,
S/O BASAVARAJU C.L.,
AGED ABOUT 52 YEARS,
R/AT MAHALAKSHMI BADAVANE,
C.N. HALLI TALUK,
TUMKUR DISTRICT -586201
2. THE BRANCH MANAGER
M/S UNITED INDIA INSURANCE CO.LTD.,
RAGHAVENDRA COLONY,
B.H. ROAD, TIPTUR,
TUMKUR DISTRICT -577221
...RESPONDENTS
(BY SRI. K. SURESH, ADVOCATE FOR R2;
R1 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 03.10.2018, PASSED IN MVC
NO.486/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., AND XIX MACT, CHIKKANAYAKANAHALLI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arises from the judgment and award dated
03.10.2018 passed by the Senior Civil Judge and JMFC XIX MACt,
Chikkanayakanahalli, in MVC No. 486/2017. The appellants filed a
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petition under Section 166 of the Motor Vehicle Act, 1988, seeking
just and proper compensation for the death of Rajana due to
accidental injuries occurring on 19.09.2016. The Tribunal has
awarded a total compensation amount of Rs.13,68,550/- at the rate
of 6% per annum. The claimants in this appeal seek just and
proper compensation.
2. Heard learned counsel for the parties and perused the
Trial Court records.
3. The death of Rajanna in the road traffic accident on
19.09.2016 is not disputed, and as of the date of the accident, the
deceased was approximately 35 years old. In the absence of proof
of income, the notional income of the deceased is assessed at
Rs.9,500/- as per the chart issued by the Karnataka Legal Services
Authority, differing from Rs.9,000/- assessed by the Tribunal. The
Tribunal has awarded 40% towards further prospects, deducting ¼
towards personal expenses and adopting a multiplier of 16.
Therefore, the claimants are entitled to compensation of
Rs.19,15,200/- for loss of dependency. Additionally, the claimants
are entitled to Rs.40,000/- each towards loss of consortium, totaling
Rs.1,60,000/-, and Rs.30,000/- towards funeral expenses and loss
of estate. Thus, the claimants are entitled to total compensation of
Rs.20,25,500/-, as opposed to the offered Rs.13,68,550/-. The
enhanced compensation amount of Rs.7,10,645/- shall accrue
interest at a rate of 6% per annum from the date of the petition until
realization.
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4. Accordingly, the appeal is partly allowed. The impugned
judgment and award are hereby modified to this extent.
Sd/-
JUDGE
PNV
