Karnataka High Court
Smt Jyothi vs S Manjunath on 30 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:30177
MFA No. 82 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 82 OF 2022 (MV-D)
BETWEEN:
1. SMT. JYOTHI
W/O LATE RAKESH,
AGED ABOUT 23 YEARS,
R/O KELLANGERE VILLAGE,
KASABA HOBLI,
ARSIKERE TALUK - 573 103,
HASSAN DISTRICT.
2. CHETHAN
S/O LATE RAKESH,
AGED ABOUT 3 YEARS,
MINOR REP BY HIS NATURAL
GUARDIAN MOTHER IST APPELLANT,
R/O KELLANGERE VILLAGE,
Digitally KASABA HOBLI,
signed by
ANJALI M ARSIKERE TALUK - 573 103,
Location: High HASSAN DISTRICT.
Court of
Karnataka 3. YASHODHAMMA
W/O THIMMAIAH,
AGED ABOUT 40 YEARS,
R/O KELLANGERE VILLAGE,
KASABA HOBLI,
ARSIKERE TALUK - 573 103,
HASSAN DISTRICT.
4. THIMMAIAH
S/O LATE KALAIAH,
AGED ABOUT 46 YEARS,
-2-
NC: 2024:KHC:30177
MFA No. 82 of 2022
R/O KELLANGERE VILLAGE,
KASABA HOBLI,
ARSIKERE TALUK - 573 103,
HASSAN DISTRICT.
...APPELLANTS
(BY SRI. JAGADEESH H T., ADVOCATE)
AND:
1. S MANJUNATH
S/O SOMAPPA R,
AGED ABOUT 31 YEARS,
R/AT NO.759/13,
17TH MAIN ROAD,
6TH CROSS,
SRINAGAR,
BENGALURU - 560 050.
2. UNITED INSURANCE CO LTD.,
DESI ENTERPRISES,
NO.83/3, FRIED PIZZA,
NEAR ADARSH COLLEGE,
NEW KARNATAKA CHATS,
5TH MAIN ROAD,
CHAMARAJAPETE,
BENGALURU - 560 018.
...RESPONDENTS
(BY SRI. B.A. RAMAKRISHNA., ADVOCATE FOR R2;
R1 - SERVICE OF NOTICE IS DISPENSED WITH VIDE
ORDER DATED 15.11.2023;)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.10.2021 PASSED IN MVC
NO.1490/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, ARSIKERE PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC:30177
MFA No. 82 of 2022
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the appellants-claimants
challenging the judgment and award dated 29.10.2021
passed in MVC.No.1490/2019 on the file of the Senior Civil
Judge and MACT, at Arsikere (for short 'the tribunal'). This
appeal is founded on the premise of inadequate and
meager compensation awarded by the tribunal.
2. Parties to the appeal shall be referred to as per
their status before the Tribunal.
3. Heard the arguments of learned counsel for the
parties and perused the material placed before the Court.
4. The Tribunal has awarded total compensation of
Rs.30,88,400/- with interest at 6% per annum. The
accident occurred on 15.09.2019, the same is not
disputed. The liability is fixed on the owner of the
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offending vehicle, consequently, the respondent/insurance
company is directed to deposit the compensation amount
along with interest.
5. It is the vehement contention of learned
counsel for the appellants/claimants that the Tribunal has
committed an error in not awarding future prospects of
40% and not awarded suitable compensation under the
head loss of consortium. Therefore, he seeks to allow the
appeal and consequently enhance the compensation.
6. Per contra, learned counsel representing the
respondent - Insurance Company vehemently contends
that the Tribunal has awarded just and reasonable
compensation under all heads. In fact, excess
compensation is awarded under the head loss of estate
and towards funeral expenses. The same could be
adjusted towards consortium.
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7. I have given my thoughtful consideration to the
arguments advanced by the learned counsel for the parties
and perused the material on record.
8. Having heard learned counsel for the parties
and on perusal of the material on record, it is seen that
the claimants have produced the documents as per Exs.P1
to Ex.P11 are the police records, which clearly depict
registration of the FIR and complaint against driver of the
offending vehicle and same has not been challenged or
controverted. Therefore, the Tribunal rightly attributed
the negligence against driver of the offending vehicle.
9. I am in agreement with the learned counsel for
the claimants that the Tribunal has taken the income of
the deceased to be Rs.14,000/- per month, which does not
call for interference. The Tribunal added 30% towards
future prospects, which needs to be enhanced to 40% and
deducted 1/4th towards personal and living expenses,
which does not call for interference. The deceased was
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aged 21 years as on the date of accident and the
appropriate multiplier would be '18'. Therefore, loss of
dependency would be Rs.31,75,200/- (Rs.14,000 + 40%
= Rs.19,600 - 1/4th = Rs. 14,700/- x 12 x 18) as against
Rs.29,48,400/-.
10. The deceased left behind 4 dependants i.e.,
wife, son, and parents and the Tribunal has awarded
Rs.50,000/- towards loss of consortium and Rs.40,000/-
towards loss of love and affection. In all, Rs.90,000/- is
awarded. This will have to be modified by awarding
consortium at the rate of Rs.40,000/- per person as held
by the Hon'ble Supreme Court in the case of National
Insurance Company Limited vs Pranay Sethi and
others reported in (2017) 16 SCC 680. Therefore, the
claimants are entitled for Rs.1,60,000/- (Rs. 40,000 x 4)
under the head 'loss of consortium'.
11. The Tribunal has awarded Rs.25,000/- towards
loss of estate and Rs.25,000/- towards funeral expenses
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and transportation of dead body. This will have to be
modified by awarding Rs.30,000/- towards loss of estate
and funeral expenses.
12. In view of the above, the claimants would be
entitled to total compensation of Rs.33,65,200/- as
against Rs.30,88,400/- awarded by the Tribunal, as
mentioned in the table below:
Sl. Head of compensation Amount of
No. compensation
awarded
1 Loss of dependency 31,75,200-00
2 Loss of consortium 1,60,000-00
3 Loss of estate and funeral 30,000-00
expenses
TOTAL 33,65,200-00
13. Accordingly, I pass the following:
ORDER
i) The appeal is allowed.
ii) The impugned Judgment and award dated
29.10.2021 passed by the Senior Civil
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Judge and MACT at Arsikere in
MVC.No.1490/2019 is modified.
iii) The appellants/claimants would be entitled
to total compensation of Rs.33,65,200/- as
against Rs.30,88,400/- awarded by the
Tribunal along with interest at 6% per
annum.
iv) The enhanced compensation amount shall
be deposited with interest at 6% per
annum by the respondent/Insurance
Company within a period of four weeks
from the date of receipt of copy of this
judgment.
v) The enhanced compensation shall be
released in favour of the
appellants/claimants in accordance to the
apportionment made by the Tribunal upon
proper identification.
vi) All other terms and conditions stipulated
by the Tribunal shall stand intact.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
