Nirmala @ Suvarna Nirmala vs Janarthannan
2024 Latest Caselaw 15015 Kant

Karnataka High Court

Nirmala @ Suvarna Nirmala vs Janarthannan on 28 June, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                    -1-
                                                                 NC: 2024:KHC:24182
                                                               MFA No. 342 of 2019
                                                          C/W MFA No. 5331 of 2018



                             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. 342 OF 2019 (MV-D)
                                                    C/W
                           MISCELLANEOUS FIRST APPEAL NO. 5331 OF 2018 (MV-D)

                      IN MFA.NO.342/2019

                      BETWEEN:

                      1.   NIRMALA @ SUVARNA NIRMALA,
                           W/O PUTTAPPA,
                           AGED ABOUT 45 YEARS,
                           R/AT NO. 20305, KUDARAGERE ROAD,
                           MADANAYAKANAHALLI MADAVARA,
                           BENGALURU NORTH TALUK,
                           BENGALURU-562 123, KARNATAKA.

                      2.   PUTTAPPA @ KARICHIKKANNAVAR PUTTAPPA,
                           S/O LATE NINGAPPA,
                           AGED ABOUT 54 YEARS,
                           R/AT NO. 20305, KUDARAGERE ROAD,
                           MADANAYAKANAHALLI MADAVARA,
Digitally signed by        BENGALURU NORTH TALUK,
R HEMALATHA                BENGALURU-562 123, KARNATAKA.
Location: HIGH
COURT OF
KARNATAKA             3.   SHRUTHI P K, D/O PUTTAPPA,
                           AGED ABOUT 22 YEARS,
                           R/AT NO. 20305, KUDARAGERE ROAD,
                           MADANAYAKANAHALLI MADAVARA,
                           BENGALURU NORTH TALUK,
                           BENGALURU-562 123, KARNATAKA.
                                                                     ...APPELLANTS
                      (BY SRI. SATHEESH H K.,ADVOCATE)

                      AND:
                      1.   JANARTHANNAN,
                           S/O S.S.RADHAKRISHNAN,
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                                         NC: 2024:KHC:24182
                                       MFA No. 342 of 2019
                                  C/W MFA No. 5331 of 2018



     NO.83, NO. 179 PILLAIYAR,
     KOIL STREET, SHANBHAKAM,
     HEAD POST OFFICE, VELLORE - 632 001.
     (OWNER OF THE VEHICLE BG NO TN-04-AE-1669)

2.   THE MANAGER,
     SBI GENERAL INSURANCE,
     NO. 101, 201, JUNCTION OF WESTERN EXPRESS,HIGH
     WAY ANDHERI,
     KURLA, ANDHERI EAST,
     MUMBAI - 400 069.
     POLICY ISSUED AT CHENNAI NO.0000000002358212-01
     VALID FROM 22/12/2015 TO 21/12/2016.

3.   THE MANAGER,
     REGIONAL OFFICE, SBI GENERAL INSURANCE,
     1ST FLOOR, RUKMINI TOWER,
     OPP PARLAL TO MATHIMAHAL ROAD,
     NEAR APOLO HOSPITAL, SHESHADRIPURAM,
     BANGALORE - 560 020.
                                          ...RESPONDENTS
(BY SRI. B. PRADEEP.,ADVOCATE FOR R2
   V/O DATED 10.03.2020 NOTICE TO R1 D/W)

     THIS MFA IS FILED U/S 173(1) OF MV ACT, 1998 AGAINST
THE JUDGMENT AND AWARD DATED 08.03.2018 PASSED IN MVC
NO.7605/2016 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES
JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER,
MAT-7, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

IN MFA.NO.5331/2018

BETWEEN:

1.   THE MANAGER,
     SBI GENERAL INSURANCE COMPANY LTD,
     NO.101, 201, 301,
     EXPRESS HIGHWAY, ANDHERI, KURLA,
     ANDERI EAST, MUMBAI - 400 069.

2.   THE MANAGER,
     REGIONAL OFFICE,
     SBI GENRAL INSURANCE COMPANY LTD,
                              -3-
                                           NC: 2024:KHC:24182
                                        MFA No. 342 of 2019
                                   C/W MFA No. 5331 of 2018



     1ST FLOOR, RUKMINI TOWER,
     OPP PARLAL TO MATHIMAHAL ROAD,
     NEAR APOLO HOSPITAL,
     SHESHADRIPURAM,
     BANGALORE - 560 002.
                                               ...APPELLANTS
(BY SRI. PRADEEP B., ADVOCATE)

AND:

1.   SMT NIRMALA @ SUVARNA NIRMALA,
     W/O PUTTAPPA,
     NOW AGED ABOUT 45 YEARS,
     R/AT NO.20305, KUDARAGERE ROAD,
     MADANAYAKANAHALLI, MADAVARA,
     BANGALORE NORTH TALUK,
     BENGALURU - 562 123.

2.   PUTTAPPA @ KARICHIKKANNAVAR PUTTAPPA,
     S/O LATE NINGAPPA,
     NOW AGED ABOUT 56 YEARS,
     R/AT NO.20305, KUDARAGERE ROAD,
     MADANAYAKANAHALLI, MADAVARA,
     BANGALORE NORTH TALUK,
     BENGALURU - 562 123.

3.   SHRUTHI P K
     D/O PUTTAPPA,
     NOW AGED ABOUT 22 YEARS,
     R/AT NO 20305, KUDARAGERE ROAD,
     MADANAYAKANAHALLI, MADAVARA,
     BANGALORE NORTH TALUK,
     BENGALURU - 562 123.

4.   JANARTHANNAN,
     S/O S S RADHAKRISHNAN,
     R/AT NO 83, NO 179 PILLAIYAR,
      KOIL STREET, SHANBHAKAM,
     HEAD POST OFFICE, VELORE - 632 001,
      TAMIL NADU.
                                           ...RESPONDENTS
(BY SRI. BPDS ASSTS., ADVOCATE FOR R1 TO R3;
   SRI. BOPANNA. B., ADVOCATE FOR R1 TO R3;
   R4 SERVED;)
                                 -4-
                                               NC: 2024:KHC:24182
                                           MFA No. 342 of 2019
                                      C/W MFA No. 5331 of 2018




      THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.03.2018 PASSED IN MVC
NO.7605/2016 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES
JDUGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER,
MACT-7, BENGALURU [SCCH-7], AWARDING COMPENSATION OF
RS.12,39,600/- WITH INTEREST @ 9% P.A. FROM THE DATE OF
PETITION TILL REALIZATION.

      THESE APPEALS ARE, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                            JUDGMENT

These appeals arise out of the judgment and award dated 08.03.2018 passed by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7) in MVC.No.7605/2016.

2. The claimants filed a petition under Section 166 of the Motor Vehicles Act, seeking just and proper compensation for the death of Eshwarappa K, who succumbed to injuries sustained in a road accident on November 12, 2016. The tribunal awarded a total compensation of Rs.12,39,600/- with interest at 9% per annum.

3. The claimants have appealed in MFA.No.342/2019, seeking an enhancement of the awarded compensation, while the Insurance Company has filed an appeal in MFA.No.5331/2018, challenging both the liability and the quantum of compensation.

4. After hearing the learned counsel for the parties and reviewing the Trial Court Records, the following findings are noted:

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5. On November 12, 2016, the deceased, Eshwarappa K, was riding his two-wheeler when a lorry, driven in a rash and negligent manner, collided with his motorcycle from behind. Following an investigation, the police filed a charge sheet against the lorry driver.

6. Exhibit P5, a spot sketch, indicated that the accident occurred on the left side of the road. The Insurance Company did not present any evidence to support its contention that the accident was partly caused by the claimant's negligence. Therefore, the argument by the learned counsel for the Insurance Company that contributory negligence should be attributed to the claimant is not acceptable. The death of Eshwarappa K in the road traffic accident is undisputed. As of the date of the accident, he was 22 years old. In the absence of proof of income, the notional income of the deceased has been assessed at Rs.9,000/- per month as per the chart of the Karnataka Legal Aid Services Authority, as opposed to the Rs.8,000/- per month assessed by the tribunal. Adding 40% towards future prospects and deducting 50% towards personal and living expenses, the claimants are entitled to a compensation amount of Rs.14,36,400/- (calculated as follows: Rs.9,000 + 40% = Rs.12,600; Rs.12,600 - 50% = Rs.6,300; Rs.6,300 x 12 months x 18 multiplier).

7. Additionally, the claimants are entitled to a compensation amount of Rs.40,000/- each towards loss of consortium, totaling Rs.1,20,000/- for the three claimants.

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8. Furthermore, Rs.30,000/- is awarded towards loss of estate and funeral expenses.

9. In view of the above, the claimants are entitled for total compensation of Rs.15,86,400/- as against Rs.12,39,600/- awarded by the tribunal, as shown in the table below:

     SL                      Heads                       Amount in
     No.                                                 Rs.
     1.      Loss of dependency                          14,36,400-00
             (Rs.9,500/- + 40% = Rs.13,300 -
             50% = Rs.6,650 x 12 x 18)
     2.      Loss of consortium                           1,20,000-00
     3.      Loss of estate                                 15,000-00
     4.      Funeral expenses                               15,000-00
             Total compensation amount                   15,86,400-00
             Less:                                       12,39,600-00
             Enhanced compensation amount                 3,46,800-00

9. Accordingly, I pass the following:

ORDER

i) The appeals are allowed-in-part.

ii) The claimant is entitled for a total compensation of Rs.15,86,400/- as against Rs.12,39,600/-

awarded by the Tribunal.

iii) The enhanced compensation amount of Rs.3,46,800/- (i.e.,Rs.15,86,400 - Rs.12,39,600) shall carry interest at the rate of 6% per annum

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from the date of filing the petition till the date of realization.

To this extent, the impugned judgment and award stands modified.

Sd/-

JUDGE

AM