Karnataka High Court
Bhimavva W/O Late Mahadevappa And Ors vs Basappa S/O Timmappa And Anr on 7 November, 2024
-1-
NC: 2024:KHC-K:8212
MFA No. 200985 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.200985 OF 2021 (MV-D)
BETWEEN:
1. BHIMAVVA
W/O LATE MAHADEVAPPA,
AGE: 32 YEARS,
OCC: HOUSEHOLD,
2. NAVEEN
S/O LATE MAHADEVAPPA,
AGE: 9 YEARS,
OCC: STUDENT,
3. MANOJ
S/O LATE MAHADEVAPPA,
AGE: 15 YEARS,
Digitally signed by OCC: STUDENT,
RENUKA
Location: HIGH APPELLANT NOS.2 AND 3 ARE MINORS,
COURT OF
KARNATAKA U/G OF THEIR NATURAL MOTHER
APPELLANT NO.1,
ALL ARE R/O H.NO.2-39 TO 3-30,
NEAR HANUMAN TEMPLE,
KILLANKERE,
TQ: AND DIST:YADGIR.
...APPELLANTS
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
-2-
NC: 2024:KHC-K:8212
MFA No. 200985 of 2021
AND:
1. BASAPPA S/O TIMMAPPA,
AGE: 36 YEARS,
OCC: OWNER OF MOTOR CYCLE
BEARING REG. NO.KA-33-H-7254,
R/O H.NO.180, HONAGERA,
TQ: AND DIST:YADGIRI-585202.
2. ACKO GENERAL INSURANCE COM. LTD.,
UNIT NO.301 AND 302, 3RD FLOOR,
F-WING, LOTUS CORPORATE PARK,
GOREGAON (EAST),
MUMBAI-400063.
THROUGH ITS REGIONAL MANAGER.
...RESPONDENTS
(BY SRI PRASANNAKUMAR M.Y., ADVOCATE FOR R2;
V/O DATED 21.09.2021, NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO, ALLOW THE
APPEAL, THE JUDGMENT DATED 16.04.2021 IN MVC
NO.181/2020 PASSED BY THE LEARNED SENIOR CIVIL JUDGE
AND MACT-II, YADGIR MAY KINDLY BE MODIFIED BY
ENHANCING THE COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
-3-
NC: 2024:KHC-K:8212
MFA No. 200985 of 2021
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is by the claimants, who have
questioned the compensation determined by the Tribunal
in MVC No.181/2020. Respondent No.2/Insurance
Company admits its liability. The appeal is purely on
quantum.
2. The brief facts leading to the case are as under:
The claimants, who are widow and minor children of
one Mahadev filed a claim petition. The claimants
contended that Mahadev died in a road traffic accident
dated 24.01.2020. The claimants claimed that the
deceased was doing a coolie work in Bengaluru and was
earning Rs.20,000/- per month. The Tribunal, in absence
of income proof, assessed the income of the deceased
notionally at Rs.10,000/- per month and has awarded
compensation of Rs.12,80,000/- under the head of loss of
NC: 2024:KHC-K:8212
dependency. Feeling aggrieved by an inadequate
compensation, the claimants are before this Court.
3. Heard the learned counsel appearing for the
appellants and learned counsel for respondent
No.2/insurance company. Perused the records.
4. Admittedly, the accident is of the year 2020.
Therefore, this Court is of the view that the income of the
deceased assessed by the Tribunal at Rs.10,000/- per
month is on the lower side. In absence of income proof
and having regard to the fact that the accident is of the
year 2020, this Court is inclined to rely on the income
chart prepared by the Karnataka State Legal Services
Authorities. Referring to the said income chart, the income
of the deceased is notionally assessed at Rs.13,750/-. By
adding 40% future prospects, the income is notionally
assessed at Rs.19,250/-. After deducting 1/3rd, since there
are three dependents, the income is taken at
Rs.12,833.4/- per month and by applying a multiplier of
16, the compensation re-determined under the head of
NC: 2024:KHC-K:8212
loss of dependency works out to Rs.24,64,012/- rounded
off to Rs.24,64,000/-.
5. Since there are three dependents, a sum of
Rs.1,20,000/- is awarded under the head of loss of
consortium and Rs.30,000/- is awarded under the heads of
funeral expenses and loss of estate. The accident is of the
year 2020 and in the light of the judgment rendered by
the Apex Court in the case of National Insurance
Company Ltd. vs. Pranay Sethi1, 10% increase has to
be extended for every three years. Therefore, on
conventional heads of Rs.1,50,000/-, an additional sum of
Rs.15,000/- is added. Total compensation re-determined
by this Court works out to Rs.26,29,000/- as against
Rs.14,15,000/-.
6. In the light of findings recorded supra, this
Court passes the following:
ORDER
i. The appeal is allowed in part.
(2017) 16 SCC 680
NC: 2024:KHC-K:8212
ii. The claimants are entitled for enhanced
compensation of Rs.12,14,000/- with
interest at the rate of 6% per annum from
the date of petition till its realization.
iii. The enhanced amount shall be apportioned
in terms of the judgment rendered by the
Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
