Karnataka High Court
Smt.Rathnamma vs Nyamath on 26 June, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:23790
MFA No. 274 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
MISCELLANEOUS FIRST APPEAL NO. 274 OF 2022 (MV-D)
BETWEEN:
1. SMT.RATHNAMMA
W/O LATE PARASHAPPA,
AGED ABOUT 51 YEARS,
OCC: AGRICULTURIST AND HOUSE WIFE.
2. KUMARA.P
S/O LATE PARASHAPPA,
AGED ABOUT 31 YEARS,
OCC: AGRICULTURIST AND COOLIE,
3. KUM. LAKSHMI
D/O LATE PARASHAPPA,
AGED ABOUT 22 YEARS,
Digitally signed by
VEDAVATHI A K
Location: High ALL ARE R/O AYANUR KOTE - 577 211.
Court of Karnataka
SHIVAMOGGA TALUK.
...APPELLANTS
(BY SRI. KAMADOLLI MANJULADEVI RAMAPPA, ADVOCATE)
AND:
1. NYAMATH
S/O AMEER,
AGED ABOUT 30 YEARS,
(DRIVER OF VIJAYALAKSHMI BUS BEARING
-2-
NC: 2024:KHC:23790
MFA No. 274 of 2022
REG.NO.KA15/6869),
R/O CHAMUNDIPURA ROAD,
AYANOOR VILLAGE - 577 211.
SHIVAMOGGA TALUK AND DISTRICT,
(DL.NO.KA14 20110007117,
BADGE NO.10778(BUS)RTO SHIVAMOGGA,
EDL VALID UPTO 24.07.2015).
2. SMT. SUKHALATHA T. SHETTY
W/O T.K. THIMMAPPA SHETTY,
AGED ABOUT 49 YEARS,
OWNER OF VIJAYALAKSHMI BUS BEARING
REG NO.KA15/6869),
R/O GANDHINAGARA SAGAR - 585 323.
SHIVAMOGGA DISTRICT.
3. THE NATIONAL INSURANCE CO., LTD.,
D.O. I. FLOOR, S.S. COMPLEX,
B.H.ROAD. SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SRI. SHASHANK RAO L., ADVOCATE FOR R3 (ABSENT);
R1 & R2 ARE SERVED, BUT UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND
AWARD DATED.01.10.2019 PASSED IN MVC NO.173/2017 ON
THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND
ADDITIONAL MACT-VII, SHIVAMOGGA, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC:23790
MFA No. 274 of 2022
JUDGMENT
This appeal is filed by the appellants under Section
173(1) of Motor Vehicles Act, 1988 (for short hereinafter
referred to as MV Act) challenging the judgment and
award dated 01.10.2019 passed in MVC No.173/2017 by
the 1st Additional Senior Civil Judge and Additional MACT-
VII, Shivamogga, (for short hereinafter referred to as
'Tribunal') for seeking enhancement of compensation.
2. Heard the arguments of the learned counsel for
the appellants and learned counsel for respondent No.3-
Insurance Company. Respondent Nos.1 and 2 are served
and unrepresented.
3. The appellants were petitioners and the
respondents were respondents before the Tribunal. The
status of the parties before the Tribunal is retained for the
sake of convenience.
NC: 2024:KHC:23790
4. The case of the petitioners is that, the petitioner
filed petition under Section 166 of Motor Vehicles Act (for
short 'M.V. Act') claiming compensation of Rs.41 lakhs for
death of Parasappa, the husband of the petitioner No.1
and father of petitioner Nos.2 and 3 due to accident on
28.3.2015. It is alleged that when the deceased along
with others were going to the work for cutting the grass,
while returning from their work the Parasappa along with
two others were travelling in their motor cycle bearing
No.KA-14-EF-2990 towards Ayanuru. At that time, while
going near Siddeshwara temple on NH.206 in front of the
Bhramalingeshwara fertilizer shop at Ayanuru at about
5.00 p.m. a bus bearing Reg.No.KA-15-6869 driven in a
rash and negligent manner dashed to the motor cycle, due
to which the pillion riders fell down on the road along with
the motor cycle. The deceased Parsappa sustained
grievous head injuries and succumbed to the injuries on
the spot. Hence, prayed for enhancing the compensation.
NC: 2024:KHC:23790
5. On receipt of the summons respondent Nos.1 and
3 appeared before the court through their counsel. The
respondent No.2 was placed Ex-parte. Respondent No.1
has not filed any statement of objection. However,
respondent No.3/Insurance Company filed statement of
objections by denying the rash and negligent driving and
also denied age, occupation and income of the deceased
as false and contended that there is no disability and there
is no avocation. Hence, prayed for dismissing the petition.
6. On the basis of pleadings, the tribunal framed
the following issues for consideration:
1. Whether the petitioners prove that on
28.03.2015, at about 5.00 pm., on NH
206, near Siddeswara Temple, Ayanuru
village, Shivamogga taluk, while the
deceased Parasappa was travelling as
pillion rider on the motr cycle bearing Reg
No. KA 14 EF 2990 towards Ayanoor
village, driven by one Praveena, he
sustained the grievous injuries and died at
the spot due to the accident to the bike
caused by Vijayalaxmi bus bearing Reg
No.KA 15 6869 due to the rash and
negligent driving of the said bus by the 1st
respondent?
NC: 2024:KHC:23790
2. Whether the 3rd respondent proves that
the petition is bad for non joinder of
necessary party ?
3. Whether the 3rd respondent proves that
the 1st respondent had no valid driving
licence to drive the Bus in question. ?
4. Whether the petitioner is entitled for
compensation as prayed? If so, how much
and at what rate of interest and from
whorn?
5. What order or award??
7. To prove the case of the petitioners, the
petitioner No.1 was examined as P.W.1. and also
examined one more witness. They got marked documents
from Exs.P1 to P11. Respondent No.3 examined RTO
officer as RW1 and Exs.R1 to R3 documents were marked.
The RW2-Senior Assistant of respondent No.3 was also
examined and Exs.R4 and R5 were marked. After hearing
the arguments, the tribunal answered issue No.1 in
affirmative and issue Nos.2 and 3 in negative. Issue No.4
partly in affirmative. Accordingly, granted compensation
of Rs.8,03,000/-, which is as under;
NC: 2024:KHC:23790
Loss of dependency Rs.6,77,688/-
Loss of consortium Rs.40,000/-
Love and affection Rs.40,000/-
Loss of Estate Rs.15,000/-
Transportation of dead body, Rs.30,000/-
funeral expenses charges and
miscellaneous expenses
Total 8,03,000/-
8. Being unsatisfied with the amount of
compensation awarded by the tribunal, the claimants are
before this court.
9. Learned counsel for the petitioners contended
that the tribunal not properly considered the income of the
deceased. The mutual prospectus was not awarded and
also the consortium to the children. Even otherwise, the
notional income requires be considered as Rs.9,000/-
p.m., as per Karnataka State Legal Services Authority, for
the accident occurred in the year 2015, but the tribunal
taken only Rs.7,000/- p.m., which is not correct. Hence,
prayed for enhancing the compensation.
NC: 2024:KHC:23790
10. Per contra, learned counsel for the respondent
No.2, Insurance Company objected the petition and
supported the judgment and award passed by the tribunal
and contended that the amount of calculation made by the
tribunal is correct. Hence, prayed for dismissing the
petition.
11. Having heard the arguments, perused the
records, the point that arises for my consideration are,
1. Whether the petitioners are
entitled for enhancement of
compensation, if so, what is the
amount?
12. As regards to the accident and liability, there is
no appeal filed by the insurance company or any other
respondents. On the other hand, the tribunal has held,
this accident occurred due to rash and negligent driving of
the driver of the bus. Due to which, the deceased
Parasappa died. This court only required to consider only
the quantum of compensation.
NC: 2024:KHC:23790
13. The tribunal considered the income of deceased
only as Rs.7,000/- p.m., as the accident occurred in the
year 2015 and in the normal scenario, the notional income
as per Karnataka State Legal Services Authority to be
considered is Rs.9,000/- p.m. for the injury or the death
for accident in the year 2015. Therefore, I propose to
consider Rs.9,000/- p.m., as income. The deceased was
aged 55 years. Therefore, 10% of the income shall be
considered towards future prospectus. If Rs.9,000/- p.m.,
is considered, 10% of the same is Rs.900/- taken for 10
months is Rs.9,900/- p.m. and 1/3rd of the same when
deducted will be Rs.6,600/- p.m. (i.e., Rs.9,900-Rs.3,300)
and the same is multiplied to 12 months with the
multiplier of 11, which is going to be as below
Rs.8,71,200/- (Rs.6,600 x 12 x 11).
14. As regards to the consortium, the tribunal
awarded only Rs.40,000/- and towards love and affection
it was granted Rs.40,000/-. As per the judgment of the
- 10 -
NC: 2024:KHC:23790
Hon'ble Supreme Court in the case of MAGMA GENERAL
INSURANCE CO. LTD. -V- NANU RAM [2018 ACJ
2782], each of the claimants are entitled for
compensation of Rs.40,000/- under the head of 'loss of
love and affection and consortium'. Therefore, the same
would be Rs.1,20,000/- is awarded towards the
consortium.
15. Loss of estate is awarded for Rs.15,000/- by the
tribunal and the same is retained.
16. Towards the transportation and funeral expenses
tribunal had awarded Rs.30,000/- and it is just and
proper.
17. Hence, the components awarded by this court
are as below,
Loss of dependency Rs.8,71,200/-
Loss of consortium Rs.1,20,000/-
Loss of Estate Rs.15,000/-
Transportation of dead body, Rs.30,000/-
funeral expenses charges and
miscellaneous expenses
Total 10,36,200/-
- 11 -
NC: 2024:KHC:23790
18. Accordingly, I pass the following:
ORDER
i. The appeal is allowed in part.
ii. The judgment of the tribunal dated 01.10.2019
passed in MVC No.173/2017 by the 1st Additional
Senior Civil Judge and Additional MACT-VII,
Shivamogga, is hereby modified.
iii. The claimants are entitled to a total compensation for
a sum of Rs.10,36,200/- instead of Rs.8,03,000/-
granted by the tribunal,
iv. The apportionment made by the Tribunal is hereby
confirmed;
v. The amount, if any, deposited before this court shall
have to be transmitted to the Tribunal.
- 12 -
NC: 2024:KHC:23790
vi. The enhanced compensation amount shall be paid by
the respondent-Insurance Company with interest @
6% per annum, within a period of two months from
the date of receipt of a copy of this order;
vii. Registry is directed to return the Trial Court records
to the Tribunal, along with certified copy of the order
passed by this Court forthwith without any delay;
and
viii. Draw award accordingly.
Sd/-
JUDGE
AKV
CT:SK
