Karnataka High Court
Sharanamma And Ors vs Lachamanna And Anr on 10 June, 2024
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MFA No. 200211 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISC. FIRST APPEAL NO.200211 OF 2021 (MV-D)
BETWEEN:
1. SMT. SHARANAMMA
W/O DEVANAGOUDA POLICE PATIL,
AGE: 31 YEARS, OCC: HOUSEHOLD
2. ARUNA D/O DEVANAGOUDA POLICE PATIL
AGE: 10 YEARS, OCC: STUDENT,
3. VEENA D/O DEVANAGOUDA POLICE PATIL
AGE: 07 YEARS, OCC: STUDENT,
BOTH PETITIONERS NO.2 AND 3 ARE MINORS,
U/G OF THEIR NATURAL MOTHER I.E., PETITIONER
Digitally signed NO.1,
by KHAJAAMEEN
L MALAGHAN
Location: HIGH ALL ARE R/O H.NO.66, GUDUR, S.A.TANDA,
COURT OF TQ. JEWARGI, DIST. KALABURAGI
KARNATAKA
...APPELLANTS
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. LACHAMANNA S/O BHIMAPPA NAIKODI
AGE. MAJOR, OCC: AGRICULTURE,
R/O HANGANAHALLI, TQ. SEDAM,
DIST.KALABURAGI-585222.
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MFA No. 200211 of 2021
2. ORIENTAL INSURANCE CO. LTD.
THROUGH ITS DIVISIONAL MANAGER,
N.G.COMPLEX, OPP.MINI VIDHANA SOUDHA,
STATION ROAD,
KALABURAGI-585102
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
VIDE ORDER DATED 09.03.2021 NOTICE TO R1 IS,
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO ALLOW THIS APPEAL AND AWARD
COMPENSATION OF RS.15,00,000/- (EXCLUDING THE AMOUNT
AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST AT 12%
P.A., BY MODIFYING THE JUDGMENT AND AWARD PASSED BY
LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND MACT
KALABURAGI, DATED 05.02.2019 IN MVC.NO.1074/2016 BY
FIXING THE ENTIRE LIABILITY OF PAYING COMPENSATION ON
RESPONDENT NO.2.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 200211 of 2021
JUDGMENT
This appeal is by the claimants in MVC.No.1074/2016
on the file of the III Additional Senior Civil Judge at
Kalaburagi, (hereinafter for short referred to as 'Tribunal')
against judgment and award passed in the said case dated
05.02.2019, claiming for enhancement of compensation.
02. Though this appeal is slated for admission, with
consent of both the side, it is taken up for final disposal.
03. The parties will be referred to as per their ranks
before the Tribunal, for sake of convenience.
04. The brief facts of the case are that on
18.11.2016 at about 07.00 p.m. the deceased -
Devanagouda met with an accident near Basavanna
Temple, on Station Tanda Hanganalli road, due to rash
and negligent driving of motorcycle bearing Reg.No.KA-32-
TP-8337/2016-17 by its rider. As a result of which, the
deceased - Devanagouda has sustained grievous injuries.
He had taken treatment from 18.11.2016 to 24.11.2016
and while undergoing treatment he succumbed to the
injuries on 02.12.2016.
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05. It is further case of claimants that the deceased
was mason and earning Rs.15,000/- per month. The
claimants are his wife and children, who were depending
upon the earning of the deceased - Devanagouda. With
these reasons the claimants prayed to award the
compensation of Rs.26,86,000/-.
06. The insurance company denied the contents of
the claim petition and prayed for dismissal of the claim
petition.
07. From the rival contentions of both the parties,
the Tribunal had framed the necessary issues for its
determination.
08. The claimants to prove their case examined
PW.1 and got marked Ex.P.1 to 11. The respondent No.2
examined its official as RW.1 and got marked Ex.R.1 to
Ex.R.3.
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09. The Tribunal after hearing both the parties and
appreciating the evidence available on record had awarded
the following amount of compensation :-
Sl. Heads of Compensation Amount in
No.
(Rs.)
01. Love and affection 50,000/-
02. Loss of consortium 40,000/-
03. Funeral expenses and 15,000/-
transportation charges
04. Loss of Dependency 8,40,000/-
05. Loss of Estate 15,000/-
06. Medical Expenditure 94,800/-
Total Compensation 10,54,800/-
10. Heard the arguments of the learned counsel of
both the parties and perused the material available on
record.
11. The fact of the accident is not seriously
disputed; the death of Devanagouda due to vehicle
accident is not disputed, his age and multiplier are also not
seriously disputed. Respondent / insurer did not file an
appeal against the impugned award. Therefore, there is no
need to interfere in the said findings.
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12. The learned counsel for the claimants submits
that according to the claimants the deceased was earning
Rs.15,000/- per month. However, the Tribunal had taken
notional income of the deceased as Rs.7,000/- per month.
The Tribunal did not follow even the Chart prepared by the
Karnataka Legal Services Authority. The Tribunal has not
added the future prospectus to the income of the deceased
as held in the case of National Insurance Company
Limited vs. Pranay Shethi and others1. The age of the
deceased was 38 years. Therefore, as per the law laid
down in the above said case, the Tribunal ought to have
added 40% of the income towards future prospects. He
has also further submits that the amount of compensation
awarded under other heads i.e., consortium may be
enhanced. As per the law laid down in the case of Magma
General Insurance Company Limited vs. Nanu Ram
Alias Chuhru Ram and others2.
(2017) 16 SCC 680
(2018) 18 SCC 130
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13. The learned counsel for the insurance company
supported the impugned judgment and submits that the
Tribunal had awarded the compensation both under the
head of love and affection as well as consortium. The
principles of Magma (supra) is followed then the
claimants are not entitled for compensation under the
head of love and affection. The submission of learned
counsel for the insurance company is acceptable.
14. The accident had taken place during the year
2016. As per the Chart prepared by the Karnataka Legal
Services Authority, the notional income of a victim of an
accident of the year 2016 could be considered as
Rs.8,750/- per month. That could be applied to the facts of
the present case. The Tribunal did not add the future
prospects of the deceased. As per the law laid down in the
case of Pranay Shethi (supra), 40% of the income of the
deceased has to be added towards future prospects. There
is no dispute in respect of the deduction and application of
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multiplier by the Tribunal. 1/3rd of the said income has to
be deducted towards personal expenses of the deceased
and multiplier is applicable at 15. On the basis of above
figures, amount of compensation under the head of loss of
dependency is recalculated.
15. As held in the case of Magma as well as in the
case of Pranay Shethi referred supra, each claimants are
entitled for Rs.40,000/- as compensation towards loss of
consortium and love and affection. However, the Tribunal
under two heads i.e., loss of love and affection has
awarded Rs.50,000/- and under the head of consortium
awarded Rs.40,000/-. Totally Rs.90,000/- has awarded in
the place of Rs.1,20,000/- together under the head of loss
of consortium and the same is recalculated. The
compensation awarded under other heads are proper.
Accordingly, the following amount of compensation is
awarded :-
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Sl. Heads of Compensation Amount in
No. (Rs.)
01. Loss of consortium 1,20,000/-
(Rs.40,000/- x 3)
02. Funeral Expenses 15,000/-
03. Loss of Dependency 14,70,060/-
(Rs.8,750/-+40%-1/3rdx12x15)
04. Loss of Estate 15,000/-
05. Medical Expenses 94,800/-
Total 17,14,860/-
16. The claimants are entitled for enhancement of
Rs.6,60,060/-. Accordingly, I pass the following;
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award passed by the
III Additional Senior Civil Judge at Kalaburagi in
MVC.No.1074/2016 dated 05.02.2019 is modified;
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a) The claimants are entitled for compensation
of Rs.17,14,860/- as against Rs.10,54,800/-
awarded by the Tribunal. The claimants are
entitled for enhancement of compensation of
Rs.6,60,060/- with interest on the enhanced
amount of compensation at the rate of 6%
per annum from the date of petition till its
realization.
iii. The respondent No.2 - insurance company shall
deposit the said amount with interest within a
period of 02 months from the date of receipt of
copy of this order.
iv. The order pertaining to apportionment, deposit
etc., passed by the Tribunal are not disturbed.
The registry is directed to send back the Trial Court
records to the concerned Court.
Sd/-
JUDGE
KJJ
CT:PK
