Karnataka High Court
Sri. Bhimraya @ Bheemanna S/O Late ... vs Sri. Yellappa S/O Sharnappa Jagiri @ ... on 31 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5515
MFA No. 201804 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.201804 OF 2015 (MV-D)
BETWEEN:
1. SRI BHIMRAYA @ BHEEMANNA
S/O LATE KHANAPPA YELLAM PUJARI,
AGE: 53 YEARS, OCC: HOUSEHOLD AND AGRI.
2. KHANAPPA
S/O LATE KHANAPPA YELLAMMA PUJARI
AGE: 20 YEARS, OCC: STUDENT
3. RENUKA D/O LATE KHANAPPA YELLAMMA PUJARI
AGE: 18 YEARS, OCC: STUDENT
4. BHAGYASHREE
D/O LATE KHANAPPA YELLAMMA PUJARI
Digitally signed
AGE: 16 YEARS, MINOR, OCC: STUDENT,
by RENUKA
Location: HIGH 5. AYYAMMA D/O LATE KHANAPPA YELLAMMA PUJARI
COURT OF AGE: 13 YEARS, MINOR OCC: STUDENT
KARNATAKA
APPELLANT NO.4 TO 5 ARE MINORS U/G OF THEIR
NATURAL FATHER APPELLANT NO.1,
ALL ARE R/O. MAHAL ROZA VILLAGE,
TQ. SHAHABAD, DISTRICT YADGIR,
NOW RESIDING AT BUDDA NAGAR,
TARFILE, GULBARGA-01
...APPELLANTS
(BY SRI GANESH NAIK, ADVOCATE)
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NC: 2024:KHC-K:5515
MFA No. 201804 of 2015
AND:
1. SRI YELLAPPA
S/O SHARNAPPA JAGIRI @ HOLAGI
AGE: 24 YEARS,
OCC: DRIVER OF TRACTOR
R/O. PASTAPURSWANT
TQ: SHAHAPUR
DIST: GULBARGA-585223.
2. SRI GUNJALAPPA @ GUJALAPPA
S/O BHIMAPPA DODDAMANI
AGE: 48 YEARS,
OCC: HOUSEHOLD & OWNER OF TRACTOR
R/O. ANWAR VILLAGE
TQ: SHAHAPUR-585223.
...RESPONDENTS
(NOTICE TO R1 AND R2-SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING
PLEASED TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT
AND AWARD DATED 04.12.2014 IN MVC NO.787/2012 ON THE
FILE OF THE PRL. SR. CIVIL JUDGE AND CJM AT GULBARGA
C/C/ IN THE COURT OF I ADDL. SENIOR CIVIL JUDGE AND
MACT AT GULBARGA AND ENHANCE THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION AND ETC.
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:5515
MFA No. 201804 of 2015
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The appeal is filed seeking for enhancement of
compensation.
2. It is not in dispute that as a result of the motor
vehicle accident, which occurred on 18.04.2011,
Smt.Sharnamma, a 42 year old died.
3. It is not in dispute that the Insurer is liable to pay
the compensation as the offending vehicle was insured.
4. The Tribunal, on assessment of the evidence adduced
before it, has come to the conclusion that the driver of the
offending vehicle was responsible for the accident which
has resulted in the death of Smt.Sharnamma. The Tribunal
has thereafter proceeded to award the following sums as
compensation:
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Sl. Nature of Heads Amount
No. (In Rs.)
1. Loss of Dependency 5,04,000/-
2. Towards love and affection 10,000/-
3. Funeral expenses & 10,000/-
Transportation and
obsequies
Total 5,24,000/-
5. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income, notionally at
Rs.3,000/-.
6. 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 2011 would be Rs.6,000/-
7. 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 42 years, 25% of the same
NC: 2024:KHC-K:5515
(Rs.1,500/-) is required to be added to the said income as
future prospects (Rs.7,500/-).
8. Out of the said sum, 1/4th depending on the number
of dependents (Rs.1,875/-) would have to be deducted
towards personal expenses of the deceased. The net
income will be Rs.5,625/-.
9. As the deceased was aged 42 years, a multiplier of
'14' will have to be applied. Consequently, the claimants
would be entitled to a sum of Rs.12,15,000/-
(Rs.5,625/- x 12 x '18') towards "loss of dependency".
10. The claimants being the husband and children, each
of them would be entitled to a sum of Rs.44,000/- towards
"loss of consortium" i.e., in all Rs.2,20,000/- and they
would also be entitled to a sum of Rs.33,000/- under the
"conventional heads".
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11. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
Sl. Nature of Heads Amount
No. (In Rs.)
1. Loss of Dependency 12,15,000/-
2. Loss of Consortium 2,20,000/-
3. Conventional Head 33,000/-
Total 14,68,000/-
12. Thus, the claimants would be entitled for
compensation of Rs.14,68,000/- as against
Rs.5,24,000/- awarded by the Tribunal, along with interest
at the rate of six per cent per annum from the date of
petition till its realization.
13. The Insurance Company is 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.
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14. The disbursement shall be in terms of the impugned
order.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
MSR,SN
