Karnataka High Court
The Manager vs Pallavi And Ors on 4 March, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-K:1935-DB
MFA No.202266 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCL. FIRST APPEAL NO.202266 OF 2022 (MV-D)
BETWEEN:
THE MANAGER
CHOLAMANDALAM MS
GENERAL INSURANCE COMPANY LTD,
BRANCH AT GULBARGA
BLOCK NO.VIII, NEAR S.V. PATEL
V CHOWK ASIAN PLAZA COMPLEX
GULBARGA - 585 102.
NOW REPRESENTED BY CHOLA MS
GEN. INSURANCE COMPANY LIMITED,
THROUGH MANAGER LEGAL
Digitally signed by UNIT NO.4, 9TH FLOOR, LEVEL -06
VARSHA N
RASALKAR GOLDEN HEIGHTS COMPLEX, 59TH
Location: HIGH
COURT OF
'C' CROSS, INDUSTRIAL SUBURB
KARNATAKA RAJAJI NAGAR, 4TH MAIN
BENGALURU - 560 010.
...APPELLANT
(BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE)
AND:
1. PALLAVI
D/O VEERANNA
W/O MALLANGOUDA POLICE PATIL
AGE: 21 YEARS, OCC: HOUSEHOLD
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NC: 2024:KHC-K:1935-DB
MFA No.202266 of 2022
2. JAGADEVI
W/O SHARANGOUDA POLICE PATIL
AGE: 39 YEARS, OCC: HOUSEHOLD
3. SHARANGOUDA
S/O SHIVARAO POLICE PATIL
AGE: 61 YEARS, OCC: NIL
4. SHIVARAJ
W/O SHARANGOUDA POLICE PATIL
AGE: 15 YEARS, OCC: STUDENT
5. BHAGYASHREE
D/O SHARANGOUDA POLICE PATIL
AGE: 18 YEARS, OCC: STUDENT
6. REVANSIDDA @ REVANSIDDAPPA
S/O SHARANGOUDA POLICE PATIL
AGE: 23 YEARS, OCC: STUDENT
7. VEERENDRA
S/O SHARANGOUDA POLICE PATIL
AGE: 23 YEARS, OCC: STUDENT
RESPONDENT NO.4 IS MINOR
REPRESENTED BY RESPONDENT NO.3
ALL R/O SATAPATANAHALLI
NOW AT INDUSTRIAL AREA
SEDAM, TALUK SEDAM
DISTRICT KALABURAGI.
8. MALLIKARJUN
S/O MALKAPPA BHOMANALLI
AGE: 46 YEARS
OCC: AGRICULTURE
R/O UDGI, TALUK SEDAM
DIST: KALABURAGI.
...RESPONDENTS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE FOR R1)
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NC: 2024:KHC-K:1935-DB
MFA No.202266 of 2022
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND SET
ASIDE THE JUDGMENT AND AWARD DATED 15TH DAY OF
DECEMBER, 2021 PASSED BY THE I ADDITIONAL SENIOR CIVIL
JUDGE AND M.A.C.T. KALABURAGI IN M.V.C. NO.789/2020
AND TO MODIFY THE COMPENSATION AWARDED, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ORDERS THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the Insurance Company being
aggrieved of the judgment and award dated 15.12.2021
passed by the I-Additional Senior Civil Judge and MACT,
Kalaburagi, in MVC No.789/2020.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 14.01.2020, when the deceased
Mallangouda, who was working as courier boy, was
proceeding on motorcycle bearing registration
NC: 2024:KHC-K:1935-DB
No.KA-32/S-4083 towards Udgi village with parcel of
courier, when he was near Moula Baba Darga of Udgi
village, at that time, the driver of a Tractor bearing
registration No.KA-32/TB-4775 came from opposite
direction with high speed and in rash and negligent
manner dashed to the motorcycle, as a result,
Mallannagouda sustained grievous injuries and succumbed
to the injuries on the spot.
3. The claimants being the legal representatives filed a
petition under Section 166 of the Act seeking
compensation for the death of the deceased along with
interest.
4. On service of summons, the respondent Nos.1 and 2
appeared through their counsel. Respondent No.2 filed
written statement denying the averments made in the
claim petition.
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5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimants, in order to prove the case,
examined claimant No.1 as PW-1 and got exhibited
documents namely Ex.P1 to Ex.P19. The respondents
have not led any evidence nor they exhibit any document.
The Claims Tribunal, by the impugned judgment, inter
alia, held that the accident took place on account of rash
and negligent driving of the offending vehicle by its driver,
as a result of which, the deceased sustained injuries and
succumbed to the injuries. The Tribunal further held that
the claimants are entitled to a compensation of
Rs.34,95,300/- along with interest at the rate of 6% p.a.
and directed the respondent No.2 to deposit the
compensation amount along with interest. The Insurance
Company, being aggrieved has filed this appeal.
6. The learned counsel for the appellant-Insurance
Company has raised the following contentions:
NC: 2024:KHC-K:1935-DB
a) Firstly, even though the claimants claim that the
deceased was earning Rs.20,000/- per month, they have
not produced any document to establish the same. Under
this circumstance, the Tribunal while assessing the
notional income of the deceased has considered the
notional income at Rs.14,750/- per month, as the same is
not based on any material. Infact, as per the guidelines
issued by the Karnataka State Legal Service Authority for
the accident occurred in the year 2020, the notional
income has been fixed at Rs.13,750/- per month.
Therefore, the monthly income assessed by the Tribunal at
Rs.14,750/- is on the higher side.
b) Secondly, on appreciation of oral and documentary
evidence and considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is on the higher side. Hence, he sought for
reduction of compensation.
NC: 2024:KHC-K:1935-DB
7. On the other hand, the learned counsel for the
claimants has raised the following contentions:
a) Firstly, the claimants claim that the deceased was
aged about 22 years at the time of the accident and he
was earning Rs.20,000/- per month by working as courier
boy. Considering the age and avocation of the deceased,
the Tribunal has rightly assessed the monthly income of
the deceased at Rs.14,750/- per month.
b) Secondly, he contended that the overall
compensation awarded by the Tribunal is just and
reasonable. Hence, he prays for dismissal of the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that Mallannagouda died in the
road traffic accident occurred on 14.01.2020 due to rash
and negligent driving of the tractor bearing registration
No.KA-32/TB-4775 by its driver.
NC: 2024:KHC-K:1935-DB
10. Even though the claimants claim that deceased was
earning Rs.20,000/- per month. But they have not
produced any documents to prove the income of the
deceased. In the absence of proof of income, the notional
income has to be assessed. As per the guidelines issued by
the Karnataka State Legal Services Authority, for the
accident taken place in the year 2020, the notional income
of the deceased has to be taken at Rs.13,750/- p.m. The
Tribunal has rightly added 40% of the income of the
deceased on account of future prospects in view of the law
laid down by the Constitution Bench of the Supreme Court
in NATIONAL INSURANCE CO. LTD. -V- PRANAY
SETHI [AIR 2017 SC 5157]. Thus, the monthly income
comes to Rs,19,250/-. The Tribunal has rightly deducted
1/4th of the income of the deceased towards personal
expenses. Thus the monthly income comes to Rs.14,438/-.
The deceased was aged about 25 years at the time of the
accident and multiplier applicable to his age group is '18'.
Thus, the claimants are entitled to compensation of
Rs.31,18,608/- (Rs.14,438*12*18) on account of 'loss of
NC: 2024:KHC-K:1935-DB
dependency'. In respect of all other heads, the
compensation awarded by the Tribunal is just and
reasonable. Hence, the same does not require
interference.
11. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 31,18,608
Funeral expenses 15,000
Loss of estate 15,000
Loss of spousal 40,000
consortium
Loss of Parental 80,000
consortium
Total 32,68,608
12. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
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NC: 2024:KHC-K:1935-DB
b) The judgment of the Claims Tribunal is
modified.
c) The claimants are entitled to a total
compensation of Rs.32,68,608/- as against
Rs.34,95,300/- awarded by the Tribunal.
d) The Insurance Company is directed to deposit
the compensation amount along with interest at 6%
p.a. from the date of filing of the claim petition till
the date of realization, within a period of six weeks
from the date of receipt of copy of this judgment.
e) The amount in deposit, if any, is transferred to
the Tribunal.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
Ct;Vk
