Karnataka High Court
Manjula vs R Rajappa on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:24190
MFA No. 7990 of 2019
C/W MFA No. 2419 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 7990 OF 2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2419 OF 2019 (MV-D)
IN MISCELLANEOUS FIRST APPEAL NO.7990 OF 2019:
BETWEEN:
1. MANJULA
W/O LATE GOVINDA
AGED ABOUT 29 YEARS
HOUSEHOLD WORK
2. GOPIKA
D/O LATE GOVINDA
AGED ABOUT 4 YEARS
3. KOUSALYA
D/O LATE GOVINDA
Digitally AGED ABOUT 3 YEARS
signed by R
HEMALATHA
Location: 4. VANAJAKSHAMMA
HIGH W/O MARIKATTE THIPPESWAMY @ THIPPESWAMY
COURT OF AGED ABOUT 46 YEARS
KARNATAKA
5. MARIKATTE THIPPASWAMY @ THIPPESWAMY
S/O HANUMAIAH
AGED ABOUT 51 YEARS
APPELLANTS NO.2 AND 3 ARE MINORS
REPRESENTED BY THEIR NATURAL
GUARDIAN MOTHER APPELLANT NO.1.
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MFA No. 7990 of 2019
C/W MFA No. 2419 of 2019
ALL ARE R/O BULLANAHALLI VILLAGE
JAGALUR TALUK-577 528
DAVANAGERE DISTRICT.
...APPELLANTS
(BY SRI. R. SHASHIDHARA, ADVOCATE)
AND:
1. R RAJAPPA
S/O RANGAPPA R
AGED ABOUT 61 YEARS
DRIVER OF BUS BEARING NO.KA-17/C-7316
R/O NO.113, ASHWATHA REDDY NAGARA
JAGALUR TOWN-577 528
DAVANAGERE DISTRICT.
2. THE HEAD MISTRESS
J.M. IMAM MEMORIAL SCHOOL
OWNER OF SCHOOL BUS BEARING
NO.KA-17/C-7316, J.M. IMAM MEMORIAL SCHOOL
DAVANAGERE ROAD, JAGALUR TOWN-577 528
DAVANAGERE DISTRICT.
3. THE LEGAL MANAGER
CHOLAMANDALAM GENERAL INSURANCE CO LTD
DESAI CROSS, HUBLI-580 020.
4. ACHCHAMMA W/O THIMMAPPA
@ THIMMAPPA @ THIMMANNA
AGE MAJOR, R/O NEAR LAKSHMAMMA TEMPLE
J.C.R. EXTENSION, JAGALUR TOWN
DAVANAGERE DISTRICT-577 528.
...RESPONDENTS
(BY SRI. PRADEEP B., ADVOCATE FOR R3;
V/O DATED 04.07.2022 NOTICE TO R1 AND R2 IS D/W;
R4 - SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.12.2018 PASSED IN MVC
NO.7/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE ITERNATE
COURT, JAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC:24190
MFA No. 7990 of 2019
C/W MFA No. 2419 of 2019
IN MISCELLANEOUS FIRST APPEAL NO. 2419 OF 2019:
BETWEEN:
THE LEGAL MANAGER
CHOLAMANDALAM MS GIC LTD.,
DESAI CROSS, HUBLI,
NOW REP. BY ITS LEGAL MANAGER
SR. MANAGER CLAIMS,
CHOLAMANDALAM M S GIC LTD.,
NO.1/2, GOLDEN HEIGHTS,
6TH FLOOR, 59TH C CROSS,
4TH M BLOCK, RAJAJINAGAR
BANGALORE - 10.
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. SMT. MANJULA
W/O LATE GOVINDA,
AGED ABOUT 29 YEARS,
2. KUM. GOPIKA
D/O LATE GOVINDA,
AGED ABOUT 4 YEARS,
3. KUM. KOUSALYA
D/O LATE GOVINDA,
AGED ABOUT 3 YEARS,
4. SMT. VANAJAKSHAMMA
W/O MARIKATTE THIPPESWAMY @ THIPPESWAMY,
AGED ABOUT 46 YEARS,
5. MARIKATTE THIPPESWAMY @ THIPPESWAMY
S/O HANUMAIAH,
AGED ABOUT 51 YEARS,
RESPONDENT NO.2 AND 3 ARE MINORS
REPRESENTED BY THEIR N/G MOTHER I.E.,
RESPONDENT NO.1.
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MFA No. 7990 of 2019
C/W MFA No. 2419 of 2019
PERMANENT ADDRESS:
R/O NEAR LAKSHMAMMA TEMPLE
JCR EXTENSION, JAGALUR TALUK,
DAVANAGERE DISTRICT - 587 672
NOW R/O BULLANAHALLI VILLAGE
JAGALUR TALUK, DAVANAGERE DISTRICT - 587 725.
6. R. RAJAPPA
S/O RANGAPPA R
AGED ABOUT 61 YEARS,
R/O NO.113, ASHWATHA REDDY NAGARA
JAGALUR TOWN, DAVANAGERE DISTRICT - 587 752.
7. THE HEAD MISTRESS
J.M. IMAM MEMORIAL SCHOOL,
DAVANAGERE ROAD, JAGALUR TOWN
DAVANAGERE DISTRICT - 587 705.
8. ACHCHAMMA
W/O THIMMAPPA @ THIMMANNA
MAJOR,
R/O NO. NEAR LAKSHMAMMA TEMPLE,
J.C.R. EXTENSION, JAGALUR TOWN
DAVANAGERE DISTRICT - 580 775.
...RESPONDENTS
(BY SRI. R. SHASHIDHARA, ADVOCATE FOR R1 TO R5;
SRI. G.J. SUNKAPUR, ADVOCATE FOR R-7;
R6 & R8 ARE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.12.2018 PASSED IN MVC
NO.7/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, ITERNATE
COURT, JAGALUR, AWARDING COMPENSATION OF RS.14,47,000/-
WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 7990 of 2019
C/W MFA No. 2419 of 2019
JUDGMENT
These appeals under Section 173(1) of the M.V. Act arise
from the judgment and award dated 01.12.2018 passed by the
learned Senior Civil Judge, Itinerate Court at Jagalur in MVC
No.7/2018.
2. The claimants filed a petition under Section 166 of the
Motor Vehicles Act to award just and proper compensation on
account of the death of Govinda, s/o Thimmappa @ Thimmanna,
who succumbed to accidental injuries on 22.03.2017.
3. The Tribunal awarded a total compensation amount of
Rs.14,47,000/- with interest at the rate of 8% per annum from the
date of the claim petition until realization. Being unsatisfied with the
quantum of compensation, the appellants are before this Court in
MFA No.7990/2019 seeking an enhancement of the compensation.
The insurance company is in appeal in MFA No.2419/2019,
challenging the quantum as well as the liability to pay the
compensation.
4. Heard the learned counsel for the parties and perused
the records.
5. The death of Govinda s/o Thimmappa @ Thimmanna,
who succumbed to accidental injuries on 22.03.2017, is not in
dispute. As of the date of the accident, he was aged about 28
years. The claimants-appellants No.1 to 3 are the wife and
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children, and claimant No.4 is the mother of the deceased, who are
Class 1 heirs.
6. The accident occurred in 2017, and as per Ex.P.4-
Aadhar card, the deceased was aged about 34 years at the time of
the accident. In the absence of proof of income, the notional
income of the deceased is to be taken at Rs.11,000/- per month, as
per the chart prepared by the Karnataka Legal Aid Services
Authority, as opposed to Rs.9,000/- assessed by the Tribunal. After
adding 40% towards loss of future prospects, the income is
assessed at Rs.15,400/-. After deducting 1/4th towards personal
expenses, the income of the deceased is assessed at Rs.11,550/-.
By adopting a multiplier of '16', the compensation towards loss of
dependency amounts to Rs.22,17,600/- (11,550 x 12 x 16).
7. The claimants-appellants, being four in number and
Class 1 heirs, are entitled to Rs.40,000/- each towards loss of
consortium, totaling Rs.1,60,000/-, and Rs.30,000/- towards loss of
estate and funeral expenses. In all, they are entitled to a sum of
Rs.24,07,600/-, as opposed to Rs.14,47,000/- awarded by the
Tribunal.
8. The claimants-appellants are entitled to enhanced
compensation of Rs.9,60,600/- with 6% interest from the date of
the petition until the date of realization.
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In MFA No.2419/2019:
9. The police, after investigation, submitted a charge
sheet against the driver of the offending vehicle. The driver of the
school bus was insured under the policy issued by the appellant-
Insurance Company, which collided with the motorcycle on which
the deceased was traveling, resulting in his injuries and
subsequent death.
10. The Insurance company does not have any evidence
to establish that the deceased contributed to the accident.
Therefore, in the absence of any evidence attributing negligence to
the deceased, the contention of the learned counsel for the
appellant-Insurance company that the deceased was also
responsible for the accident is not acceptable.
11. However, the Tribunal awarded interest at 8% per
annum, which I find excessive and reduce to 6% per annum.
12. The claimants are entitled to total compensation of
Rs.24,07,600/- with interest at 6% per annum from the date of the
petition until actual deposit.
13. To the extent specified, the judgment passed by the
Tribunal is modified. The Insurer is to deposit the enhanced
compensation amount with accrued interest to the claimants 1 to 3
and 4 within three months from the date of receipt of the certified
copy of this order.
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14. The statutory deposit and the amount in deposit are to
be transmitted to the jurisdictional tribunal.
15. Accordingly, the appeals are disposed of.
Sd/-
JUDGE
HR
