Karnataka High Court
Smt M G Lalitha vs Sri Viju on 6 November, 2024
-1-
NC: 2024:KHC:44727
MFA No. 1214 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.1214 OF 2023(MV-D)
BETWEEN:
1. SMT. M.G. LALITHA
W/O LATE GANAPATHY,
AGED ABOUT 58 YEARS
2. SMT. M.G. BHAVANI
D/O LATE GANAPATHY,
AGED ABOUT 38 YEARS,
BOTH ARE R/AT BALLIAMNDOOR
VILLAGE AND POST, VIRAJPET TALUK,
KODAGU 571 218
...APPELLANTS
(BY SRI. HARSHA, ADVOCATE FOR
Digitally SRI. SACHIN B.S., ADVOCATE)
signed by
MAMATHA R AND:
Location: High
Court of
Karnataka 1. SRI. VIJU
S/O M.A. ANTONY,
AGED ABOUT 37 YEARS,
R/AT KEMBAIAHNA KERE,
HALLIGATTU VILLAGE AND POST,
VIRAJPET TALUK,
KODAGU 571 218
2. THE MANAGER
NEW INDIA ASSURANCE CO. LTD.
MADIKERI BRANCH (672402)
-2-
NC: 2024:KHC:44727
MFA No. 1214 of 2023
1ST FLOOR, SRI. LAXMI COMPLEX,
COLLAGE ROAD, NEAR SBI MAIN BRANCH,
MADIKERI,
KODAGU DISTRICT 571 201
...RESPONDENTS
(BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2;
R1 SERVICE D/W, V/O/D 12.06.2024)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED. 06.09.2022 PASSED IN MVC
NO.50/2020 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MACT, KODAGU, MADIKERI,
SITTING AT VIRAJPET, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Harsha who represents Sri.Sachin B.S,
learned counsel on record for the appellants. Also heard
Sri.S.Krishna Kishore, learned counsel for respondent
No.2.
2. The first appellant being the wife and the second
appellant being the daughter of the deceased Ganapathy
NC: 2024:KHC:44727
(herein after referred to as deceased for brevity) who died
in a road traffic accident that occurred in the year 2019
filed a petition claiming compensation.
3. The Motor Accidents Claims Tribunal, Virajpet
which dealt with the matter as M.V.C. No.50/2020
rendered orders on 06.09.2022 awarding a sum of
Rs.5,72,000/- as compensation. Dissatisfied with the
same, the present appeal is filed.
4. Sri.Harsha representing the appellants submits
that the deceased as an agriculturist was earning
Rs.45,000/- per month but the tribunal took the notional
income of the deceased as Rs.11,000/- per month which is
improper. Learned counsel also states that the accident
occurred in the year 2019 and immediately after the
accident the deceased died and for the relevant period, the
Karnataka State Legal Services Authority is taking the
notional income as Rs.14,000/- per month for settlement
of claims and atleast the said figure should have been
considered by the tribunal.
NC: 2024:KHC:44727
5. Sri.S.Krishna Kishore, learned counsel for
respondent No.2 though contends that the amount
awarded as compensation by the tribunal is proper, yet did
not dispute the submission made by learned counsel for
appellants regarding notional income to be taken. Also this
Court is of the view that the notional income as sought for
is required to be taken as Rs.14,000/- per month.
6. Admittedly the dependents are two in number that
is the appellants herein. Therefore, 1/3rd of the earnings
are required to be deducted towards personal and living
expenses which the deceased would have incurred for
himself had he been alive, as per the decision of the
Hon'ble Apex Court in Sarla Verma and Others vs. Delhi
Transport Corporation and Another reported in 2009 SAR
(Civ) 592. Also the appropriate multiplier to be applied is
'7' as per the aforementioned decision. Thus, the
compensation which the appellants are entitled to under
the head loss of dependency is as under:-
NC: 2024:KHC:44727
Heads Amount in Rs.
Notional monthly income 14,000-00
Annual income 1,68,000-00
On deducting 1/3rd towards 1,12,000-00
personal and living
expenses
Loss of dependency, on 7,84,000-00
applying appropriate
multiplier 7
7. Thus, the compensation which the appellants are
entitled to under the head loss of dependency is
Rs.7,84,000/-. However, the tribunal awarded a sum of
Rs.4,62,000/- only under the said head. Thus, the
enhancement will be Rs.3,22,000/-(Rs.7,84,000/--
Rs.4,62,000). The compensation that is granted by the
tribunal under all other heads is just and proper.
8. Therefore, the appeal is disposed of with the
following:-
ORDER
i. The appeal is allowed in part
ii. The compensation that is awarded by the Motor
Accidents Claims Tribunal, Virajpet through orders in
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M.V.C. No.50/2020 dated 06.09.2022 is enhanced by
Rs.3,22,000/-
iii. The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date
of deposit.
iv. Respondent No.2 is directed to deposit the enhanced
sum within a period of eight weeks from the date of
receipt of copy of this order.
v. Out of the enhanced sum, the 1st appellant is entitled
to a sum of Rs.2,50,000/- and the 2nd appellant is
entitled to a sum of Rs.72,000/-.
vi. Appellant Nos.1 and 2 are permitted to withdraw
their respective shares immediately on deposit.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
