Karnataka High Court
Kistayya And Ors vs Satayanarayanareddy And Anr on 25 July, 2024
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MFA No.202918 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH 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.202918 OF 2023 (MV-D)
BETWEEN:
1. KISTAYYA
S/O BALAYYA KALAL
AGE: 55 YEARS,
OCC: AGRICULTURE,
2. MANJULA
W/O KISTAYYA KALAL,
AGE: 50 YEARS,
OCC : HOUSEHOLD,
Digitally signed by
BASALINGAPPA 3. RAVIKUMAR
SHIVARAJ S/O KISATAYYA KALAL
DHUTTARGAON
Location: HIGH
AGE: 18 YEARS,
COURT OF OCC : STUDENT,
KARNATAKA
ALL ARE R/O JILLEDAPALLI,
TQ: SEDAM,
DISTRICT : KALABURAGI - 585 104.
...APPELLANTS
(BY SMT. LAKSHMI G.E., ADVOCATE)
AND:
1. SATAYANARAYANAREDDY
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MFA No.202918 of 2023
S/O VENKATAREDDY PATIL,
AGE: MAJOR,
OCC : AGRICULTURE,
R/O JILLEDAPALLI,
TQ: SEDAM,
DIST : KALABURAGI - 585 401.
(OWNER OF TRACTOR/TRAILER
BEARING NO KA-32/TB-1725-26).
2. THE GENERAL MANAGER
IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH MANAGER
G1, G2, G12, G13 ASIAN ARCADE,
NEAR ANAND HOTEL,
S.B. TEMPLE ROAD,
KALABURAGI - 585 104.
(INSURER OF TRACTOR/TRAILER
BEARING NO KA 32/TB-1725-26).
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DTD. 07.12.2023 NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS
AND ALLOW THIS APPEAL AND ENHANCE COMPENSATION OF
RS.59,37,000/- ALONG WITH INTEREST, BY MODIFYING THE
JUDGEMENT AND AWARD OF THE PASSED BY THE SENIOR
CIVIL JUDGE AND MACT, SEDAM DATED 20.03.2020 IN MVC
NO.258/2019, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
HON'BLE MR. JUSTICE RAJESH RAI K
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MFA No.202918 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE RAJESH RAI K)
This Miscellaneous First Appeal is filed under Section
173(1) of the Motor Vehicles Act against the judgment and
award dated 20.03.2020 passed in MVC No.258/2019 by
the Senior Civil Judge and MACT, Sedam, whereby the
Tribunal has partly allowed the claim petition filed by the
petitioners/appellants and awarded compensation of
Rs.10,77,000/- with interest at the rate of 6% per annum
from the date of petition till the date of realization.
2. Parties to the appeal shall be referred to as per
their status before the Tribunal.
3. Brief facts giving rise to filing of this appeal are
that on 04.02.2018 at 10.30 a.m., on Venktapur- Madana
Road, son of petitioner Nos.1 and 2 by name Naveen was
proceeding in a Tractor and Trailer bearing No.KA-32/TB-
1725-26 as a Coolie in order to lift the cement for
construction of cattle shed. At that time, the driver drove
the said vehicle in a rash and negligent manner, due to
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which accident was occurred and the deceased-Naveen
sustained grievous injuries and he died on the way to
hospital. As such, the jurisdictional Police registered the
case in Crime No.14/2018 and thereafter conducted the
investigation and laid the charge-sheet. Since the son of
the petitioners died due to the accident, the petitioners
being the legal representative of the deceased-Naveen
filed claim petition under Section 166 of the Act before the
Tribunal seeking compensation on account of death of
deceased-Naveen in the road traffic accident.
4. The respondent Nos.1 and 2 filed written
statement denying averments made in the claim petition
and prayed to dismiss the claim petition.
5. In order to prove the claim petition before the
Tribunal, petitioner No.1 examined herself as PW.1 and
got marked 10 documents as Exs.P1 to P10. On the other
hand, the officer of the insurance company is examined as
R.W.1 and got marked one document at Ex.R.1.
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6. The Tribunal after recording the evidence,
hearing on both sides and on assessment of oral and
documentary evidence, allowed the claim petition in part.
It is ordered that petitioners are entitled for compensation
of Rs.10,77,000/- with interest at the rate of 6% per
annum from the date of petition till its realization and
further held that respondent Nos.1 and 2 are jointly and
severally liable to pay compensation and directed
respondent No.2 to deposit compensation within 60 days
from the date of passing of the Award.
7. The petitioners, being aggrieved by the
judgment and award passed by the Tribunal in the
aforesaid petition have filed this appeal challenging the
quantum of compensation and liability.
8. We have heard the learned counsel for the
appellants/petitioners and learned counsel for respondent
No.2-Insurance Company.
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9. Learned counsel for the petitioners submits that
the Tribunal erred in considering the monthly income of
the deceased. The Tribunal ought to have taken the
notional income of the deceased as per the chart issued by
the Karnataka Legal Services Authority. On the other
hand, the Tribunal has taken the notional income of the
deceased at Rs.9,000/- per month which is on the lower
side. He further contend that the compensation awarded
under other heads is on the lower side. Hence, on these
grounds, he prays to allow the appeal.
10. Per contra, learned counsel for respondent No.2
submits that the petitioner was traveling in the said
Tractor as unauthorized passenger and that the vehicle
was used for commercial purpose and the driver of the
vehicle did not holding valid driving licence as on the date
of accident and thereby violated the policy conditions.
Hence, on these grounds, she prays to dismiss the appeal.
11. Perused the records and considered the
submissions of learned counsel for the parties. The points
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that arise for our consideration are with regard to
quantum of compensation.
12. It is not in dispute that deceased-Naveen met
with accident and sustained grievous injuries and
succumbed to the injuries. The accident has occurred due
to rash and negligent driving of the driver of the Tractor
and Trailer. In order to prove the negligence on the part of
the rider of the offending vehicle, the petitioners have
produced certified copies of FIR and charge sheet. They
are marked as Exs.P1 and P3. The Tribunal considering
Exs.P1 and P3 has held that the accident has occurred due
to rash and negligent driving of the driver of the offending
vehicle.
13. Insofar as quantum of compensation is
concerned, it is the case of the petitioners that the
deceased-Naveen was doing mason work and getting
income of Rs.15,000/- per month. The petitioners have
not produced any income proof to establish the income of
the deceased at Rs.15,000/- per month. In the absence of
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proof of income, the Tribunal has taken notional income of
the deceased at Rs.9,000/- per month, which is on the
lower side. The Tribunal ought to have taken the notional
income as per the chart provided by the Karnataka Legal
Services Authority. In terms of the chart, for the accident
of the year 2018, the notional income of the deceased will
have to be taken at Rs.11,750/- per month. To the
aforesaid amount, as the deceased was aged 25 years,
40% of the said amount has to be added on account of
future prospects in view of the law laid down by the
Constitution Bench of the Supreme Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and Others reported in AIR 2017 SC 5157. Thus,
the monthly income comes to Rs.16,450/-. Since the
deceased was a bachelor, we deem it appropriate to
deduct 50% of the said income towards personal expenses
of the deceased and therefore, the monthly income of the
deceased comes to Rs.8,225/-. Taking into account the
age of the deceased which was 25 years at the time of
accident, multiplier of 18 has to be adopted as per the
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judgment of the Hon'ble Supreme Court in the case of
Sarla Verma vs. Delhi Transport Corporation reported
in (2009) 6 SCC 121. Therefore, the petitioners are
entitled to a sum of Rs.17,76,600/- (Rs.8,225/- x 12 x 18)
on account of loss of dependency.
14. Further, in view of the law laid down by the
Hon'ble Supreme Court in the case of Magma General
Insurance Company Limited vs. Nanu Ram Alias
Chuhru Ram & Others reported in (2018) 18 SCC 130,
each petitioner is entitled to a sum of Rs.44,000/- towards
loss of consortium. The petitioners are three in numbers,
hence, the compensation towards loss of consortium would
be Rs.1,32,000/- (Rs.44,000 x 3). In addition, the
petitioners are entitled to a sum of Rs.16,500/- towards
funeral expenses and Rs.16,500/- under the head of loss
of estate.
15. Thus, in all, the petitioners are entitled to a
sum of Rs.19,41,600/- as against Rs.10,77,000/- awarded
by the Tribunal. The petitioners are entitled for enhanced
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compensation of Rs.8,64,600/- along with interest @ 6%
per annum.
16. In view of the above discussion, we proceed to
pass the following:
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award
dated 20.03.2020 passed by the
Tribunal is modified.
iii. The petitioners are entitled to total
compensation of Rs.19,41,600/- as
against Rs.10,77,000/- awarded by
the Tribunal. Hence, the petitioners
are entitled to enhanced
compensation of Rs.8,64,600/- along
with interest at the rate of 6% per
annum from the date of petition till
the date of realization.
iv. Respondent No.2/Insurance
Company is directed to deposit the
compensation amount with interest
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before the Tribunal within a period of
eight weeks from date of the receipt
of certified copy of this judgment.
v. If such amount is deposited by the
Insurance company, the Tribunal is
directed to disburse the enhanced
compensation amount in favour of
the petitioners.
Sd/-
JUDGE
Sd/-
JUDGE
NB,BL
