Karnataka High Court
Shri. Parushuram Yallappa Kamshetti vs Shri. Siddappa S/O Kallappa Pundi on 4 March, 2024
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NC: 2024:KHC-D:4827
MFA No. 100990 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100990 OF 2018 (MV-I)
BETWEEN:
1. SHRI. PARUSHURAM YALLAPPA KAMSHETTI,
AGE: 61 YEARS, OCC: NIL,
R/O. BASAVNAL, TAL: CHIKODI AND
DIST: BELAGAVI,
PRESENTLY AT KUVEMPU NAGAR,
BELAGAVI-590016.
2. SMT. LAXMIBAI W/O. PARUSHURAM KAMSHETTI,
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O. BASAVNAL, TAL: CHIKODI AND
DIST: BELAGAVI,
PRESENTLY AT KUVEMPU NAGAR,
BELAGAVI-590016.
3. MR. KRISHNA S/O. PARUSHURAM KAMSHETTI
Digitally signed AGE: 19 YEARS, OCC:STUDENT,
by ROHAN
HADIMANI T R/O. BASAVNAL, TAL: CHIKODI AND
Location: HIGH
COURT OF DIST: BELAGAVI,
KARNATAKA
PRESENTLY AT KUVEMPU NAGAR,
BELAGAVI-590016.
4. MIS LALITA D/O. PARUSHURAM KAMSHETTI
AGE: 21 YEARS, OCC: STUDENT,
R/O. BASAVNAL, TAL: CHIKODI AND
DIST: BELAGAVI,
PRESENTLY AT KUVEMPU NAGAR,
BELAGAVI-590016.
...APPELLANTS
(BY SRI. VISHWANATH V. BADIGER, ADVOCATE)
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NC: 2024:KHC-D:4827
MFA No. 100990 of 2018
AND:
1. SHRI. SIDDAPPA
S/O. KALLAPPA PUNDI,
AGE: MAJOR,
OCC: BUSINESS,
R/O. KAMATYANATTI VILLAGE,
TAL: CHIKODI,
DIST: BELAGAVI.
2. UNITED INSURANCE CO. LTD,
NO.4576,
PHARALE BUILDING KC ROAD,
NEAR PRABHAKAR TALKIES,
AT POST: CHIKODI,
DIST: BELAGAVI,
BRANCH: THE MANAGER,
UNITED INDIA INSURANCE CO. LTD,
DIVISIONAL OFFICE MARUTI GALLI,
BELAGAVI.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR RESPONDENT NO.2,
NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO THE JUDGMENT AND AWARD
DATED 10-08-2017 IN MVC. NO.2142/2016 PASSED BY THE VIII
ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN AWARDING
THE COMPENSATION OF RS. 4,53,300/- BE KINDLY MODIFIED BY
ENHANCING TO RS.15,00,000/- ALONG WITH 9% INTEREST FROM
THE DATE OF PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4827
MFA No. 100990 of 2018
JUDGMENT
This appeal is filed by the legal heirs of the deceased Sri.
Anil Kamashetti, seeking enhancement of the compensation
against the judgment and award dated 10.08.2017 passed in
MVC No.2142/2016 on the file of VIII Addl. District and
Sessions Judge, Belagavi (for short, 'Tribunal').
2. Brief facts leading to filing of this appeal are that on
22.12.2015 at about 18-30 hours, the deceased Sri. Anil
Kamashetti (herein after referred as 'deceased') was
proceeding on his motor cycle bearing Registration No.KA-
23/S-3620 from chikkodi towards Basavanalgadde in moderate
speed with proper care and caution on left side of the road.
When he came on Chikkodi - Ankali road within the limits of
Basavanalgadde village, at that time, one Tractor-Trailer
bearing Registration Nos.AP-15/N-3781 and KA-23/TB-7024
was parked on the road without an indicator lights on. As a
result the deceased dashed his motorcycle to the offending
vehicle from behind and caused the accident. Due to the
impact, the deceased sustained injuries to head and other vital
parts of the body. The deceased died while shifting him from
Government Hospital, Chikkodi to KLE's Prabhakar Kore
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Hospital, Belagavi. The appellants being parents and younger
brother and sister were depending upon the deceased. Due to
the sudden death of the deceased, the appellants have lost
their dependency. The appellants have spent huge amount for
the treatment of the deceased and funeral expenses and
transportation of dead body etc. Hence, filed claim petition
seeking compensation.
3. The respondent entered appearance before the
Tribunal and filed statement of objections denying the
averments made in the claim petition including the averment
that the accident has caused solely due to rash and negligent
driving of the tractor and contended that the accident has
happened due to the negligence of the rider of the motorcycle.
Hence, sought for dismissal of the claim petition.
4. During the course of Trial, the appellant No.2
examined as PW1 and got marked 11 documents as Exs.P1 to
P11. The respondents have not adduced any evidence with
consent got marked policy copy. The Tribunal partly allowed the
claim petition filed under Section 163-A of the Motor Vehicles
Act, 1988 (herein after referred as 'MV Act, 1988') by awarding
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total compensation of Rs.4,53,300/- with interest at the rate of
9% per annum from the date of petition till realization. Being
aggrieved by the same, the appellants/claimants have filed this
present appeal seeking enhancement.
5. I have heard the arguments of learned counsel for
the appellants/claimants and the respondent No.2/Insurance
Company.
6. Sri. Vishwanath V. Badiger, learned counsel
appearing for the appellants submit that the Tribunal has
committed an error in assessing the income of the deceased at
Rs.3,300/- per month. He seeks to assess the income at
Rs.40,000/- per annum. It is submitted that the appellant
No.1-father, appellant No.2-mother, appellants No.3 and 4 are
the younger brother and sister of the deceased Sri. Anil
Kamashetti and at the time of accident he was aged about 21
years and he was bachelor. It is further contended that the
Tribunal has not awarded any compensation under the head of
loss of consortium. Hence, he seeks to allow the appeal by
enhancing the compensation amount.
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7. Per contra, Sri. S S. Koliwad, learned counsel
appearing for the respondent No.2 supports the impugned
judgment and award of the Tribunal and submits that the
Tribunal has justified in awarding Rs.4,53,300/- as
compensation. Taking note that the claim petition filed under
Section 163-A of the MV Act, 1988. Hence, he prays to dismiss
the appeal.
8. Having heard the arguments of the learned counsel
representing the respective parties and perused the material
available on record, the only point that would arise for
consideration in this appeal is:
a) Whether the appellants/claimants are entitled for the
higher compensation?
9. The answer to the above point is in the 'affirmative'
for the following reasons:
10. The parties to the proceeding do not dispute that in a
road accident dated 22.12.2015, one Sri. Anil Kamashetti has
suffered serious injuries and later he succumbed to those
injuries. It is not in dispute that the appellants/claimants are
the legal heirs of the deceased and have filed the claim petition
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under Section 163-Aof the MV Act, 1988. Taking note of the
pleadings and evidence available on record, this Court is of the
considered view that, ends of justice would be met if this Court
assesses the income of the deceased at Rs.40,000/- per annum
for the purpose of determination of compensation. The Tribunal
has committed an error in applying the multiplier of 17. The
deceased was aged 21 years as on the date of the accident and
the appropriate multiplier would be 18. Thus, the
appellants/claimants would be entitled to modified
compensation on the head of loss of dependency:
Rs.40,000 x 18 x 2/3 = Rs.4,80,000/-
11. The Tribunal has rightly awarded Rs.2,500/- under
the head of loss of estate and Rs.2,000/- under the head of
expenses towards the funeral and transportation of the dead
body. However, the Tribunal has committed an error in not
awarding compensation under the head of loss of consortium.
Taking note of the 2nd Schedule of the MV Act, 1988, the
appellants are entitled to Rs.5,000/- under the head of loss of
consortium. The appellants/claimants are entitled for interest at
the rate of 6% per annum of the enhanced compensation.
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Sl.No. Particulars Amount
1 Towards loss of dependency Rs.4,80,000/-
2 Towards loss of estate Rs. 2,500/-
3 Towards funeral expenses Rs. 2,000/-
4 Loss of consortium Rs. 5,000/-
Total Rs.4,89,500/-
12. For the aforementioned reasons, I pass the following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment and award
passed by the Tribunal to an extent that
the appellants/claimants would be
entitled to total compensation of
Rs.4,89,500/- as against
Rs.4,53,300/- awarded by the Tribunal.
c) The enhanced compensation amount
shall carry interest at the rate of 6%
per annum from the date of petition till
the date of payment.
d) The insurance company shall deposit
the enhanced compensation amount
with accrued interest before the
Tribunal within a period of six weeks
from the date of receipt of certified
copy of this judgment.
e) On such deposit, the same shall be
released in favour of the
appellants/claimants.
f) Draw modified award accordingly.
Sd/-
JUDGE
PMP
