Karnataka High Court
Mahadevi And Ors vs Santosh And Anr on 5 November, 2024
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NC: 2024:KHC-K:8096
MFA No. 201567 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.201567 OF 2019 (MV-D)
BETWEEN:
1. MAHADEVI W/O LATE BASAVARAJ
JATTEPPANAVAR @ CHANDAPPANAVAR,
AGE: 45 YEARS, OCC: HOUSEHOLD,
2. LAXMI D/O LATE BASAVARAJ
JOTTEPPANAVAR @ CHANDAPPANAVAR,
AGE: 27 YEARS, OCC: HOUSEHOLD,
3. RATNAMMA D/O LATE BASAVARAJ
JOTTEPPANAVAR @ CHANDAPPANAVAR,
AGE: 23 YEARS, OCC: STUDENT,
4. SHANTABAI D/O LATE BASAVARAJ
Digitally signed by JOTTEPPANAVAR @ CHANDAPPANAVAR,
RENUKA AGE: 21 YEARS, OCC: STUDENT,
Location: HIGH
COURT OF
KARNATAKA ALL R/O MUKRAMBA VILLAGE,
TQ.CHINCHOLI, DIST.KALABURAGI,
NOW RESIDING AT SANGTRASHWADI,
KALABURAGI.
...APPELLANTS
(BY SRI ASHOK B. MULAGE, ADVOCATE)
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NC: 2024:KHC-K:8096
MFA No. 201567 of 2019
AND:
1. SANTOSH
S/O SHIVARAYA MORPATTI,
AGE: MAJOR, OCC: DRIVER
AND OWNER OF VEHICLE
BEARING REG.NO.KA-28-M-4361,
R/O MUKRAMBA VILLAGE,
TQ.CHINCHOLI, DIST.GULBARGA-585223
2. TATA AIG GENERAL INSURANCE CO. LTD.,
THROUGH ITS MANAGER,
HALL MARK BUILDING,
3RD FLOOR, DESAI CROSS,
HUBLI-580029.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 04.11.2022, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
1988, PRAYING TO, ALLOW THE APPEAL BY MODIFYING THE
JUDGMENT AND AWARD DATED 14.11.2018 PASSED BY THE I
ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI IN MVC
NO.502/2015 AND CONSEQUENTLY BE PLEASED TO ENHANCE
THE COMPENSATION FROM RS.10,80,000/- TO RS.20,25,000/-
WITH INTEREST @ 12% PER ANNUM FROM THE DATE OF
PETITION TILL ACTUAL REALIZATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-K:8096
MFA No. 201567 of 2019
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is by the claimants feeling
aggrieved by the compensation determined by the
Tribunal in MVC No.502/2015. Respondent No.2/Insurance
Company admits its liability. The appeal is purely on
quantum.
2. The facts leading to the case are as under:
A claim petition is filed for having lost one Basavaraj
Jotteppanavar in a road traffic accident dated 24.08.2014.
In absence of income proof, the Tribunal assessed the
income of the deceased notionally at Rs.7,000/- per month
and without adding future prospects, awarded a sum of
Rs.9,09,948/- under the head of loss of dependency. In
all, Rs.10,80,000/- is awarded.
NC: 2024:KHC-K:8096
3. Heard the learned counsel on record. Perused
the judgment and award.
4. This Court on re-assessing the material on
record, in absence of income proof, is inclined to rely on
the income chart prepared by the Karnataka State Legal
Serviced Authority. The accident is of the year 2014. The
income of the deceased is assessed at Rs.7,500/- per
month and by adding 25% towards future prospects, the
income is assessed at Rs.9,375/- per month. After
deducting 1/3rd towards personal and living expenses of
the deceased, the income is taken at Rs.6,250/- and by
applying a multiplier of 13, the compensation payable
under the head of loss of dependency works out to
Rs.9,75,000/-.
5. Since there are four dependants, a sum of
Rs.1,60,000/- is awarded towards consortium and
Rs.30,000/- is awarded under the head of funeral and loss
of estate. Applying the principles laid down by the Apex
Court in the case of National Insurance Co. Ltd., Vs.
NC: 2024:KHC-K:8096
Pranay Sethi1, 10% escalation is awarded for every three
years on conventional heads which works out to
Rs.38,000/-. The total compensation re-determined by this
Court works out to Rs.12,03,000/- as against
Rs.10,80,000/-.
6. In the light of findings recorded supra, this
Court passes the following:
ORDER
i. The appeal is allowed in part.
ii. The claimants are entitled for enhanced
compensation of Rs.1,23,000/- with
interest at the rate of 6% per annum from
the date of petition till its realization.
(2017) 16 SCC 680
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iii. The enhanced amount shall be apportioned
in terms of the judgment rendered by the
Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
