Karnataka High Court
Smt.Bharati W/O Annappa @ Anneshi vs The Divisional Controller on 31 July, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC-D:10794-DB
MFA No. 101708 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101708 OF 2017 (MV-D)
BETWEEN:
1. SMT. BHARATI
W/O. ANNAPPA @ ANNESHI,
@ ANNASAB NAGARADDI,
AGE 39 YEARS,
OCC: HOUSEHOLD WORK.
2. SUPRITA
D/O. ANNAPPA @ ANNESHI,
Digitally signed @ ANNASAB NAGARADDI,
by JAGADISH T
R AGE 16 YEARS, OCC: NIL.
Location: High
Court of
Karnataka 3. SUDEEP ANNAPPA @ ANNESHI,
Dharwad
Bench @ ANNASAB NAGARADDI,
AGE 13 YEARS, OCC: NIL.
4. LAXMIBAI VITTAL NAGARADDI,
AGE 83 YEARS, OCC: NIL,
APPELLANT NO. 2 TO 3 ARE MINORS
REP. BY M/G APPELLANT NO.1,
ALL ARE R/O. LINGANUR,
TQ: JAMKHANDI,
DIST: BAGALKOT-587301.
...APPELLANTS
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
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NC: 2024:KHC-D:10794-DB
MFA No. 101708 of 2017
AND:
THE DIVISIONAL CONTROLLER,
NWKRTC, NAVANAGAR,
BAGALKOT.
SUMMONS THROUGH THE
DEPOT MANAGER,
JAMKHANDI DEPOT,
JAMKHANDI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587301.
...RESPONDENT
(BY SRI. S. L. MATTI, ADVOCATE)
THIS MFA IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR THE RECORDS AND ENHANCE THE
COMPENSATION AND AWARD COMPENSATION AS CLAIMED BY THE
APPELLANTS BY MODIFYING AWARD DATED 20.07.2016, IN MVC
NO.537/2014 PASSED BY THE COURT OF ADDL. SENIOR CIVIL
JUDGE AND M.A.C.T, NO.VI, AT JAMKHANDI, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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NC: 2024:KHC-D:10794-DB
MFA No. 101708 of 2017
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This appeal is filed by the claimants seeking for
enhancement of compensation being aggrieved by the
judgment and award dated 20.07.2016 passed in
MVC.No.537/2014 by the Addl. Senior Civil Judge and
Member MACT.No.VI, Jamkhandi (for short, 'Tribunal').
2. Brief facts leading to filing this appeal are that
on 17.06.2014 one Sri.Annappa @ Anneshi @ Annasab
S/o. Vittappa Nagaraddi was proceeding on his motorcycle
bearing registration No.KA-48/J-6618, at that time,
NWKRTC HPV bus bearing registration No.KA-42/F-878
driven by its driver in rash and negligent manner, came
from opposite direction and dashed to the above said
motorcycle and caused the accident. Due to the impact,
Annappa @ Anneshi @ Annasab sustained grievous in
juries and died on the spot. The appellants being wife and
children of the deceased Annappa @ Anneshi @ Annasab
filed claim petition seeking compensation.
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3. The respondent-Corporation entered
appearance before the Tribunal and opposed the claim
petition.
4. The Tribunal after considering the evidence
available on record, allowed the claim petition in part and
awarded total compensation of Rs.36,02,494/- along with
interest at the rate of 9% per annum from the date of
petition till realization of the amount. Being aggrieved by
the same, the appellants have filed present appeal seeking
enhancement of compensation.
5. Sri. Siddappa Sajjan, learned counsel appearing
for the appellants/claimants submits that the Tribunal has
committed grave error in awarding meager compensation
under the heads of loss of consortium, loss of estate and
funeral expenses. He submits that the compensation
awarded by the Tribunal is required to be re-determined.
Thus, he seeks to allow the appeal.
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6. Per contra, Sri.S.L.Matti, learned counsel
appearing for the respondent/Corporation supports the
impugned judgment and award of the Tribunal and
submits that the Tribunal taking note of the evidence
available on record, has awarded just and appropriate
compensation which does not call for any enhancement.
Thus, he seeks to dismiss the appeal.
7. We have heard the arguments of the learned
counsel for the parties. Meticulously perused the material
available on record.
8. The parties to the proceedings do not seriously
dispute that Sri. Annappa @ Anneshi @ Annasab husband
of appellant No.1 and father of other appellants met with
an accident and died. Hence, the appellants being the legal
heirs of the deceased Annappa filed claim petition under
Section 166 of the Motor Vehicles Act, 1988 seeking
compensation. In support of the claim, appellant No.1
examined herself as PW1 and got marked Exs.P1 to P9 in
support of the case. The Tribunal considering the material
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available on record has allowed the claim petition in part
and awarded total compensation of Rs.36,02,494/- along
with interest at the rate of 9% per annum from the date of
petition till realization.
9. In our considered view, the Tribunal has
committed grave error in awarding compensation under
the heads of 'loss of consortium', 'funeral expenses' and
'loss of estate'which is to be reassessed and modified.
Thus, this Court taking note of the law laid down by the
Hon'ble Apex Court in the case of Magma General
Insurance Company Limited Vs. Nanu Ram & Others1
hold it appropriate that the claimants are entitled to
Rs.40,000/- each under the head of loss of consortium.
Similarly, as per the law laid down by the Hon'ble Apex
Court in the case of National Insurance Company Limited
Vs. Pranay Sethi & Others2, the claimants are entitled to
Rs.15,000/- under the head of 'loss of estate' and
2018 ACJ 2782
2017(16) SCC 680
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Rs.15,000/- under the head of 'transportation of dead
body and funeral expenses'.
10. Insofar as award of compensation under the
head of loss of dependency is concerned, there is no
dispute between the parties. Thus, the claimants would be
entitled to modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 35,62,494/-
Loss of estate 15,000/-
Transportation of dead body and 15,000/-
Funeral expenses
Loss of consortium (Rs.40,000 X 4 1,60,000/-
dependants)
Total 37,52,494/-
11. Thus, the claimants would be entitled to total
compensation of Rs.37,52,494/- as against
Rs.36,02,494/- awarded by the Tribunal.
12. In the result, we proceed to pass the following:
ORDER
a) Appeal stands allowed in part.
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b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants would be entitled to total
compensation of Rs.37,52,494/- as against
Rs.36,02,494/- awarded by the Tribunal.
c) The compensation amount shall carry interest
at the rate of 6% per annum from the date of
petition till the date of payment.
d) The Respondent/Corporation to pay the entire
compensation amount along with interest to
the appellants/claimants within six weeks
from the date of receipt of certified copy of
this judgment.
e) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
f) Draw modified award accordingly.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
RH/ct-an
