Karnataka High Court
Varkur Umadevi And Ors vs K Chanadrashekar And Anr on 7 November, 2024
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NC: 2024:KHC-K:8217
MFA No. 200962 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.200962 OF 2021 (MV-D)
BETWEEN:
1. VARKUR UMADEVI W/O VENKATESH,
AGE: 30 YEARS, OCC: HOUSEHOLD,
2. VARKUR RANJIT S/O VENKATESH
AGE: 12 YEARS, OCC: STUDENT,
3. VAKUR MAHINDAR S/O VENKATESH,
AGE: 10 YEARS, OCC: NIL,
4. VARKUR LAVANY D/O VENKATESH,
AGE: 9 YEARS, OCC NIL,
APPELLANT NOS.2 TO 4 ARE MINORS
U/G OF THEIR NATURAL MOTHER
Digitally signed by APPELLANT NO.1,
RENUKA
Location: HIGH 5. V. SHANKRAPPA S/O TAYAPPA,
COURT OF
KARNATAKA AGE: 57 YEARS, OCC: NIL,
ALL ARE R/O H.NO.1-119,
KOTHPALLI, MAGANOOR MANDAL,
DIST. MEHABOOB NAGAR,
NOW AT SAIDAPUR,
TQ. AND DIST. YADGIR.
...APPELLANTS
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
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NC: 2024:KHC-K:8217
MFA No. 200962 of 2021
AND:
1. K CHANDRASHEKAR
S/O PARVATALU,
AGE: 42 YEARS,
OCC: OWNER OF TOYOTA CAR
BEARING REG. NO.TS-09/UA-6853,
R/O H.NO.2-293/82/420,
PADMALAYA FILM NAGAR,
HYDERABAD-500096.
2. THE M/S ROYAL SUNDARAM ALLIANZ
INSURANCE COM. LTD., SUNDARAM TOWER,
45TH AND 46TH WHITE ROAD,
CHENNAI-600014, THROUGH ITS MANAGER,
CLAIMS DEPARTMENT.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DTD. 19.11.2021, 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 01.04.2021 IN MVC
NO.3/2019 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
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NC: 2024:KHC-K:8217
MFA No. 200962 of 2021
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is by the claimants, who are
aggrieved by an inadequate compensation awarded by the
Tribunal in MVC No.3/2019. Respondent No.2/Insurance
Company admits its liability. The appeal is purely on
quantum.
2. The claimants, who are widow, three minor
children and old aged father filed a claim petition for
having lost one Varkur Venkatesh in a road traffic accident
dated 07.09.2019. The Tribunal, in absence of income
proof, assessed the income of the deceased at Rs.7,000/-
per month and without adding future prospects, awarded
Rs.10,71,000/- under the head of loss of dependency.
The Tribunal, in all awarded Rs.12,06,000/-.
3. Heard the learned counsel on record. Perused
the material on record.
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4. This claim petition is filed by a widow, three
minor children and old aged father. Though the claimants
asserted that the deceased was earning Rs.15,000/- per
month, no income proof is produced. In absence of
income proof, This Court is of the view that the income
notionally assessed by the Tribunal is on the lower side. In
absence of income proof, this Court is inclined to rely on
the income chart prepared by the Karnataka State Legal
Services Authority. The accident is of the year 2019.
Referring to income chart, the income of the deceased is
notionally assessed at Rs.13,250/- per month and by
adding 40% of the income towards future prospects, the
income is assessed at Rs.18,550/-. After deducting 1/4th,
the income is assessed at Rs.13,912.5/- per month and by
applying a multiplier of 17, the compensation payable
under the head of loss of dependency works out to
Rs.28,38,150/- (Rs.13,912.5/- x 12 x 17).
5. Since there are 5 dependents, under the head
of consortium, Rs.2,00,000/- is awarded and Rs.30,000/-
NC: 2024:KHC-K:8217
is awarded under the head of funeral expenses and loss of
estate. The accident is of the year 2019 and therefore,
10% escalation on conventional heads is added, in the
light of the principles laid by the National Insurance Co.
Ltd., Vs. Pranay Sethi1. Accordingly, Rs.23,000/- an
additional amount is awarded. The total compensation re-
determined by this Court works out to Rs.30,91,150/- as
against Rs.12,06,000/-.
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.18,85,150/- 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
