Karnataka High Court
Smt Chandrika S T vs V P Rathna on 30 July, 2024
Author: H T Narendra Prasad
Bench: H T Narendra Prasad
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NC: 2024:KHC:29969
MFA No. 9108 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 9108 OF 2018 (MV-D)
BETWEEN:
1. SMT CHANDRIKA S T
W/O LATE S.R.DHARMAPPA,
AGED ABOUT 31 YEARS,
2. AMIT S D
S/O LATE S.R.DHARMAPPA,
AGED ABOUT 18 YEARS,
3. APPU
S/O LATE S.R.DHARMAPPA,
AGED ABOUT 16 YEARS,
MINOR,
HE IS REPRESENTED BY HIS
Digitally signed by MOTHER SMT. CHANDRIKA S T
HEMALATHA A
Location: HIGH
COURT OF 4. GANGAMMA
KARNATAKA W/O LATE S.R.DHARMAPPA,
AGED ABOUT 76 YEARS
5. S R RUDRAPPA
S/O RAMAPPA,
AGED ABOUT 78 YEARS.
R/AT KOTE SIRANGALA VILLAGE
SIRANGALA POST, KUSHALANAGAR
SOMWARPET TALUK - 571 234 ...APPELLANTS
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MFA No. 9108 of 2018
(BY SMT.SUMA KEDILAYA FOR SRI PADMANABHA KEDILAYA V.,
ADVOCATE)
AND:
1. V P RATHNA
W/O V.L.PRASAD,
AGED ABOUT 31 YEARS,
R/AT MARUTHI STORE, RATHABEEDI,
KUSHALANAGAR POST AND TOWN
SOMWARPET TALUK - 571 234.
2. THE NEW INDIA ASSURANCE CO LTD.,
1ST FLOOR, SRI LAXMI COMPLEX,
NEAR SBI MAIN BRANCH, COLLEGE ROAD,
MADIKERI TOWN - 571 201. ...RESPONDENTS
(BY SRI. C.SHANKAR REDDY, ADVOCATE FOR R2: NOTICE TO
R1 SERVED AND UNREPRESENTED)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09.02.2018 PASSED IN MVC
NO.71/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT,
MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING ON IAs., THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
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MFA No. 9108 of 2018
ORAL JUDGMENT
1. This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimants being aggrieved by
the judgment and award dated 09.02.2018 passed by the
Senior Civil Judge and Motor Accident Claims Tribunal,
Madikeri, in MVC No.71/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 22.05.2017 at about 3.45 p.m., when
the deceased Amit was proceeding on motorbike bearing
registration No.KA-12/K-3589 from Kushalnagar-Konanur
road near Kanive Village, at that time, a Eicher MGV
vehicle bearing registration No.KA-12-8488 which was
being driven in a rash and negligent manner, dashed
against the deceased. As a result of the aforesaid
accident, the deceased sustained grievous injuries and
succumbed to the injuries.
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3. The claimants filed a petition under Section 166 of
the Act seeking compensation for the death of the
deceased along with interest.
4. Upon service of notice, the respondent No.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1, despite service of notice, did not appear
before the Tribunal and was placed ex-parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The claimants, in order to prove the case,
examined claimant No.1 as PW-1, and got exhibited
documents namely Ex.P1 to Ex.P19. On behalf of
respondents, no witness was examined but got exhibited
document namely Ex.R1. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent driving of the
offending vehicle by its driver, as a result of which, the
deceased sustained injuries and succumbed to the injuries.
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The Tribunal further held that the claimants are entitled to
a compensation of Rs.13,30,000/- along with interest at
the rate of 6% p.a. and directed the Insurance Company
to deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimants submits as
follows:
a) Firstly, the claimants assert that the deceased was
approximately aged about 38 years at the time of the
accident and had a monthly income of Rs.750/- to
Rs.1,000/- per day from milk vending business and
Rs.2,00,000/- per year from agriculture work. In support
of their claim they have produced Ex.P11 - Certificate
issued by the Co-operative Society. However, the
assessment of income of the deceased at Rs.8,000/- by
the Tribunal is unjustified and erroneous.
b) Secondly, as per the judgment of the Hon'ble
Supreme Court in the case of MAGMA GENERAL
INSURANCE CO. LTD. -V- NANU RAM [2018 ACJ
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2782], each of the claimants is entitled to compensation
of Rs.40,000/- under the head of 'loss of love and affection
and consortium'.
c) Lastly, considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is inadequate and on the lower side.
With the above submissions, learned counsel for the
appellant sought to allow the appeal.
7. On the other hand, the learned counsel for the
Insurance Company submits as follows:
a) Firstly, although the claimants claim that the
deceased was earning Rs.750/- to Rs.1,000/- per day from
milk vending business and Rs.2,00,000/- per year from
agriculture work, they have produced Ex.P11 Certificate
issued by the Co-operative Society, but they have not
examined the author of the said document. Consequently,
the Tribunal has correctly assessed the income of the
deceased notionally.
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b) Secondly, on appreciation of oral and documentary
evidence and considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is just and reasonable.
With the above submissions, learned counsel for the
Insurance Company sought to dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that Dharmappa died in the road
traffic accident occurred on 22.05.2017 due to rash and
negligent driving of the offending vehicle by its driver.
10. The claimants claim that deceased was earning
Rs.750/- to Rs.1,000/- per day from milk vending business
and Rs.2,00,000/- per year from agriculture work, they
have also produced Ex.P11 - Certificate issued by the Co-
operative Society, but they have not examined the author
of the said document to substantiate their claim. In the
absence of proof of income, the notional income has to be
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assessed. According to the guidelines issued by the
Karnataka State Legal Services Authority, for accidents
occurred in the year 2017, the notional income of the
deceased shall be taken at Rs.11,000/- p.m. To the
aforesaid income, 25% 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 NATIONAL
INSURANCE CO. LTD. -v- PRANAY SETHI AND
OTHERS [AIR 2017 SC 5157]. Thus, the monthly
income comes to Rs.13,750/-. Since there are 5
dependents, it is appropriate to deduct 1/4th of the income
of the deceased towards personal expenses and remaining
amount has to be taken as his contribution to the family.
The deceased was aged about 45 years at the time of the
accident and multiplier applicable to his age group is '14'.
Thus, the claimants are entitled to compensation of
Rs.17,32,416/- (Rs.10,312*12*14*) on account of 'loss of
dependency'.
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11. In addition, the claimants are entitled to
compensation of Rs.15,000/- on account of 'loss of estate'
and compensation of Rs.15,000/- on account of 'funeral
expenses'. Claimant No.1, wife of the deceased is entitled
for compensation of Rs.40,000/- under the head of 'loss of
spousal consortium'.
12. In view of the law laid down by the Supreme Court in
the case of 'MAGMA GENERAL INSURANCE' (supra),
claimant Nos.2 and 3, children of the deceased are entitled
for compensation of Rs.40,000/- each under the head of
'loss of parental consortium' and claimant Nos.4 and 5,
parents of the deceased are entitled for compensation of
Rs.40,000/- each under the head of 'loss of filial
consortium'.
13. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 17,32,416
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Funeral expenses 15,000
Loss of estate 15,000
Loss of spousal consortium 40,000
Loss of Parental consortium 80,000
Loss of Filial consortium 80,000
Total 19,62,416
14. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimants are entitled to a total compensation of
Rs.19,62,416/- as against Rs.13,30,000/- awarded by the
Tribunal.
d) The Insurance Company is directed to deposit the
compensation amount along with interest @ 6% p.a. from
the date of filing of the claim petition till the date of
realization, within a period of six weeks from the date of
receipt of a copy of this judgment.
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e) The apportionment, deposit and release of amount
shall be made in accordance with the terms of the award
of the Tribunal.
f) In view of the order dated 30.07.2024 passed by this
Court, the claimants are not entitled to interest on the
enhanced compensation for the delayed period of 175
days in filing the appeal.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
