Karnataka High Court
Sri Hanmantha And Anr vs Sri Thukkaram And Ors on 29 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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MFA No. 200574 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.200574 OF 2019 (MV-D)
BETWEEN:
1. SRI HANMANTA S/O DYAVAPPA
AGED ABOUT 65 YEARS,
OCC: NIL.
2. SMT. VENKAMMA W/O HANMANTA
AGED ABOUT 60 YEARS,
OCC: HOUSEHOLD.
BOTH R/O MANDEWALA VILLAGE,
TQ: JEWARGI, DIST: KALABURAGI.
...APPELLANTS
Digitally signed
(BY SRI ARUN CHOUDAPURKAR, ADVOCATE)
by RENUKA
Location: HIGH AND:
COURT OF
KARNATAKA
1. SRI THUKKARAM S/O COKANATHAN,
AGE: MAJOR, OCC: OWNER OF TRACTOR
NO.TN-20/B-6548,
R/O. NO. 24/3, REDDIAR STREET,
KONGAMADAM, PALUR,
CHENGALPATTU TK,
KANCHIPURAM DISTRICT,
TAMILNADU STATE-631561.
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MFA No. 200574 of 2019
2. SRI DHATCHANAMOORTHY S/O ADHI-MOOLAM
AGE: MAJOR, OCC: DRIVER OF
TRACTOR NO. TN-20/B-6548,
R/O. NO.123-A/8,
BAVANIAMMAL KOIL STREET,
PALUR, CHENGALPATTU TK,
KANCHIPURAM DISTRICT,
TAMILNADU STATE-631561.
3. THE ORIENTAL INSURANCE COMPANY LTD.,
THROUGH ITS DIVISIONAL MANAGER,
OPPOSITE MINI VIDHANA SOUDHA,
KALABURAGI-585102.
...RESPONDENTS
(NOTICE TO R2 AND R3 IS DISPENSED WITH
R1-SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
TO MODIFY THE JUDGMENT AND AWARD DATED 07.12.2018
PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND MACT,
JEWARGI IN MVC NO.38/2018 AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AND ECT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
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NC: 2024:KHC-K:5434
MFA No. 200574 of 2019
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. In respect of an accident which is not in dispute,
which resulted in the death of Smt.Padma, a 22 year old,
the Tribunal has awarded the following sums:
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Loss of Dependency 5,94,000/-
2. Loss of estate 15,000/-
3. Loss of love and affection 40,000/-
4. Funeral expenses 15,000/-
Total 6,64,000/-
2. The present appeal is filed seeking enhancement of
compensation.
3. It is not in dispute that as a result of the motor
vehicle accident which occurred on 11.12.2015,
Smt.Padma, a 22 year old died.
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4. It is not in dispute that the Driver and Owner are
liable to pay the compensation as the offending vehicle
was insured.
5. The Tribunal, on assessment of the evidence adduced
before it, has come to the conclusion that the driver and
owner of the offending vehicle were responsible for the
accident which has resulted in the death of Smt.Padma.
6. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income of the
deceased notionally at Rs.5,500/-.
7. In cases where there is no evidence to determine the
actual income, it is appropriate to adopt the notional
income as assessed by the Karnataka State Legal Services
Authority, which for the year 2015 would be Rs.8,000/-.
8. As per the decision of the Apex Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and Others - (2017) 16 SCC 680, as the
deceased was aged about 22 years, 40 % of the same
(Rs.3,200/-.) is required to be added to the said income as
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future prospects and the resultant income would thus be
Rs.11,200/-.
9. Out of the said sum, 1/3rd depending on the number
of dependents, which in this case is i.e., a sum of
Rs.3,733/- would have to be deducted towards personal
expenses of the deceased. The net income will thus be
Rs.7,467/-.
10. As the deceased was aged 22 years, a multiplier of
'18' will have to be applied. Consequently, the claimants
would be entitled to a sum of Rs.16,12,872/- (Rs.7,467/-
x 12 x '18') towards "loss of dependency".
11. The claimants being the parents would each be
entitled to a sum of Rs.44,000/- towards "loss of
consortium" i.e., Rs. 88,000/- and they would also be
entitled to a sum of Rs.33,000/- under the "conventional
heads".
12. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
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Sl. Amount
Heads of Compensation
No. (in Rs.)
1. Loss of Dependency 16,12,872/-
2. Loss of Consortium 88,000/-
3. Conventional Head 33,000/-
Total 17,33,872/-
13. Thus, the claimants would be entitled for
compensation of Rs.17,33,872/- as against Rs.6,64,000/-
awarded by the Tribunal, along with interest at the rate of
six per cent per annum from the date of petition till its
realization.
14. The owner and driver are directed to deposit the
amount of compensation awarded along with interest
within a period of eight weeks from the date of receipt of a
certified copy of this judgment.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
MSR
