Ganapu vs Mrs Shakila M Naik
2024 Latest Caselaw 12456 Kant

Citation : 2024 Latest Caselaw 12456 Kant
Judgement Date : 5 June, 2024

Karnataka High Court

Ganapu vs Mrs Shakila M Naik on 5 June, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                    -1-
                                                                NC: 2024:KHC:19300
                                                           MFA No. 6594 of 2018




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 5TH DAY OF JUNE, 2024

                                                 BEFORE

                         THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

                        MISCELLANEOUS FIRST APPEAL NO. 6594 OF 2018 (MV-D)

                        BETWEEN:

                        1.    GANAPU
                              W/O LATE PANJU POOJARY
                              AGED ABOUT 72 YEARS.

                        2.    PARVATHI
                              D/O LATE PANJU POOJARY
                              AGED ABOUT 38 YEARS.

                        3.    SINGARI
                              D/O LATE PANJU POOJARY
                              AGED ABOUT 36 YEARS.

                              ALL ARE RESIDING AT KULLAMBALLI
Digitally signed by B
                              KERADI VILLAGE, KUNDAPURA TALUK
K
MAHENDRAKUMAR
                              UDUPI DISTRICT - 576 233.
Location: HIGH                                                       ...APPELLANTS
COURT OF
KARNATAKA
                        (BY SRI PUNEETH, ADVOCATE FOR
                            SRI VIJAY SHETTY B, ADV.)
                        AND:

                        1.    MRS. SHAKILA M NAIK
                              W/O MADAVA NAIK
                              AGED ABOUT 50 YEARS
                              R/AT RAJMAHAL
                              ADYARA MANGALAORE
                              MANGALORE TALUK
                               -2-
                                            NC: 2024:KHC:19300
                                          MFA No. 6594 of 2018




     SOUTH CANARA DISTRICT
     PIN - 575 029.

2.   THE NATIONAL INSURANCE CO LTD
     MANGALORE KODIYAL BAIL BRANCH
     REPRESENTED BY BRANCH MANAGER
     KUNDAPURA BRANCH, KUNDAPURA
     TALUK, UDUPI DISTRICT PIN - 576 201.
                                               ...RESPONDENTS
(BY SRI ASHOK N PATIL, ADV., FOR R-2;
    R-1 SERVED)


     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28/02/2018, PASSED IN MVC
NO.910/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MEMBER, ADDITIONAL MACT, KUNDAPURA, ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act is filed by the appellants/claimants

challenging the award dated 28th February, 2018 passed

by the Senior Civil Judge and Member, Addl. MACT,

Kundapura in MVC No.910/2016.

2. The appellants filed a claim petition under Section

166 of the Motor Vehicles Act for awarding just and proper

NC: 2024:KHC:19300

compensation for the death of husband of appellant No.1

and father of appellant Nos.2 and 3 who succumbed to the

injuries in a road traffic accident on 28.3.2016. The

Tribunal awarded global compensation of Rs.70,000/-.

3. Being dissatisfied with the quantum of

compensation, the present appeal is filed.

4. Heard learned counsel for the appellants and

learned counsel for the respondent/insurance company.

5. It is undisputed that husband of appellant No.1

and father of appellant Nos.2 and 3 died in a road traffic

accident on 28.3.2016 due to the rash and negligent act of

driver of the offending vehicle covered under the insurance

policy issued by the respondent/insurance company

herein. The deceased was aged about 90 years as on the

date of accident, and the appropriate multiplier would be

'5'. The Tribunal awarded global compensation of

Rs.70,000/- without awarding compensation towards 'loss

of dependency' and 'loss of consortium'. In the absence

NC: 2024:KHC:19300

of proof of income of the deceased, the notional income of

the deceased is assessed at Rs.9,500/- per month as per

the chart issued by the Legal Services Committee.

6. In view of the above, appellants/claimants are

held entitled to compensation as mentioned in the table

below:

Sl. Head of compensation Amount of No. compensation awarded 1 Loss of dependency (Rs.9,500 x 12 x 5 x 2/3rd ) Rs.3,80,000-00

2 Loss of consortium Rs. 1,20,000-00 (Rs.40,000 x 3) 3 Loss of estate Rs. 10,000-00 4 Transportation and funeral Rs. 20,000-00 expenses Total Rs. 5,30,000-00

7. Accordingly, I pass the following:

ORDER

i) The appeal is allowed in part.

ii) The appellants/claimants are held entitled to total compensation of Rs.5,30,000/- (Rupees

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five lakhs thirty thousand only) with interest at the rate of 6% per annum from the date of petition till the actual realization as against global compensation of Rs.70,000/- awarded by the Tribunal.

iii) The enhanced compensation amount of Rs.4,60,000/- with interest shall be deposited by the respondent - insurance company within three months from the date of receipt of certified copy of the judgment.