Karnataka High Court

Smt. B.K. Basamma vs Sri. Chitambara Reddy on 8 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                 -1-
                                                         NC: 2024:KHC-D:16374-DB
                                                         MFA No. 101742 of 2021




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                           DATED THIS THE 8TH DAY OF NOVEMBER, 2024
                                               PRESENT
                          THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                 AND
                            THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                         MISCELLANEOUS FIRST APPEAL NO.101742 OF 2021


                   BETWEEN:

                   1.   SMT. B.K. BASAMMA
                        W/O. LATE B.K.GANGADHARA,
                        AGED ABOUT 42 YEARS, HOUSE WIFE.

                   2.   B.K.PUSHPANJALI
                        D/O. LATE B.K.GANGADHARA,
                        AGED ABOUT 22 YEARS, STUDENT.

                   3.   MINOR B.K.RAKSITHA
                        D/O. LATE B.K.GANGADHARA,
                        AGED ABOUT 17 YEARS,
                        STUDENT, SINCE APPELLANT NO.3,
                        MINOR REP/BY HER MOTHER
                        SMT. B.K.BASAMMA.
Digitally signed
by MANJANNA E      4.   SMT. HANUMAKKA
Location: HIGH          W/O. LATE SIDDANNA,
COURT OF
KARNATAKA               AGED ABOUT 68 YEARS,
DHARWAD
BENCH
Date: 2024.11.16        ALL ARE R/O. 613 WARD NO. 8,
11:10:40 +0530          SRIRAM NAGAR, KANEKAL ROAD,
                        4TH CROSS, ANDHRAL, BALLARI-583102.
                                                                    ...APPELLANTS
                   (BY SRI. MANJUNATH G. PATIL, ADVOCATE)

                   AND:

                   1.   SRI. CHITAMBARA REDDY
                        S/O. K.LAKSHMI REDDY,
                        AGED ABOUT 48 YEARS,
                        DRIVER OF THE BUS BEARING
                        REG. NO.AP-02/TA-5769,
                              -2-
                                     NC: 2024:KHC-D:16374-DB
                                     MFA No. 101742 of 2021




     R/O. 1-235, P. NARAYANAPURAM,
     KUDERU MANDALAM,
     ANANTHAPUR-DISTRICT,
     A.P. STATE-510051.

2.   SRI. ASHMIT REDDY JUTURU CHINNA
     S/O. J.C.PRABHAKAR REDDY,
     AGED ABOUT 38 YEARS,
     OWNER OF THE BUS BEARING
     REG. NO.AP-02/TA-5769,
     R/O. 15-1256, SANJEEV NAGAR,
     TADIPATRI, ANANTHAPUR-DISTRICT,
     A.P. STATE-510056.

3.   J.C.UMA REDDY
     AGED ABOUT 40 YEARS,
     POLICY HOLDER OF THE BUS BEARING
     NO.AP/TA-5769, R/O. 15-1256,
     SANJEEV NAGAR, TADIPATRI,
     ANANTHAPUR-DISTRICT,
     A.P. STATE-510056.

4.   THE DIVISIONAL MANAGER
      M/S UNITED
     INDIA INSURANCE CO. LTD.,
      PARVATHI NAGAR,
     MAIN ROAD, BALLARI-583101.
                                              ...RESPONDENTS
(BY SRI. N.R.KUPPELUR, ADVOCATE FOR R4;
    NOTICE TO R1 TO R3 is DISPENSED WTH)


     THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 03.08.2021 PASSED
IN MVC NO.651/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-
XII, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                  AND
               THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                                -3-
                                       NC: 2024:KHC-D:16374-DB
                                       MFA No. 101742 of 2021




                        ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

This appeal is filed by the claimants aggrieved by the

judgment and award dated 03.08.2021 passed in M.V.C.

No.651/2018 on the file of the learned II Additional District and

Sessions Judge and MACT-XII, Ballari whereby the Tribunal has

awarded a sum of Rs.19,09,262/- as compensation.

2. For the sake of convenience, the parties are

referred to as per their ranking before the Tribunal.

3. Brief facts of the claimants' case before the Tribunal

are as under:

The claimants filed a claim petition under Section 166 of

the Motor Vehicles Act, 1988, before the Tribunal seeking

compensation on account of death of B.K. Gangadhara in a

road traffic accident that took place on 10.01.2018 at about

12:45 pm, when the deceased Gangadhara was proceeding on

his motorcycle bearing registration No.KA-34/EC-2140 and

when he reached Bengaluru road in front of new bus stand near

Rangamandira, Ballari, a bus bearing registration No.AP-02/TA-

5769 driven by its driver came from Bengaluru in high speed

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and in a rash and negligent manner and dashed to the

motorcycle of the Gangadhara, as a result, he fell down and

sustained head injury and other injuries all over the body.

Gangadhara was shifted to VIMS Hospital, Ballari and was

referred to Health India Hospital, Bengaluru. While undergoing

treatment, Gangadhara succumbed to the injuries on

16.01.2018. The deceased was aged about 46 years and was

doing business-cum-milk vending earning Rs.50,000/- per

month.

4. After service of notice before the Tribunal,

respondent Nos.1 and 4 appeared through their respective

counsel and filed their respective written statement denying all

averments made in the claim petition. Respondent Nos.2 and 3

did not appear before the Tribunal and were placed exparte.

5. The Tribunal considering the evidence on record at

Exs.P1 to P16, oral evidence of PW1 and PW2 and Exs.R1 & R2,

awarded total compensation of Rs.19,09,262/- with interest at

6% per annum from the date of petition till its realization.

6. Learned counsel for the appellants/claimants

contended that the appellants are the wife, children and mother

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of the deceased, respectively. As per Ex.P-6-postmortem

report, Gangadhar was aged 47 years at the time of the

accident. In fact, the deceased, during the life time, was doing

business and was vending milk and in support of the

contention, the appellants have produced income tax returns as

per Exs.P-14 to 16 for the assessment year 2014-15, 2015-16

and 2016-17, respectively and hence, the deceased was

earning Rs.15,000/- per month but the Tribunal has considered

the income of the deceased at Rs.11,750/- per month which is

on the lower side. The tribunal has awarded compensation

towards loss of consortium to claimant No.1 only. As claimant

Nos.2 and 3 are the daughters of the deceased and claimant

No.4 is the mother of the deceased, they are also entitled for

compensation towards loss of consortium. Thus, he prays for

allowing the appeal by enhancing the compensation reasonably.

7. Per contra, learned counsel for the insurance

company vehemently contended that the Tribunal has granted

fair and reasonable compensation and hence, the same does

not call for interference. He contended that since the claimants

have not produced income tax returns for the year 2017-18,

the Tribunal was justified in assessing the income of the

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deceased at Rs.11,750/- per month. Thus, he prays for

dismissal of the appeal.

8. Having heard the learned counsel for the parties

and on perusal of the appeal papers, the only point that arises

for our consideration in this appeal is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"

9. There is no dispute with regard to occurrence of the

accident on 10.01.2018 due to rash and negligent driving by

the driver of the offending bus and death of B.K. Gangadhara in

the said accident. So far as the income of the deceased is

concerned, the claimants have relied on Exs.P-14 to 16-the

income tax returns, these documents clearly disclose that the

deceased earned Rs.2,28,560/- for the year 2014-15,

Rs.2,88,560/- for the assessment year 2015-16 and

Rs.2,80,600/- for the assessment year 2016-17. The average

income of the deceased for 3 assessment year is Rs.2,65,906/-.

From perusal of Exs.P-14 to P-16, it clearly establish that in an

undisputed point of time, the deceased was paying income tax.

The accident has occurred on 10.01.2018 i.e. during the

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financial year 2017-18 or assessment year 2018-19.

Nevertheless, the claimants have not furnished IT returns for

the assessment year 2018-19. Hence, the income of the

deceased has to be taken into consideration in an average of

the aforesaid 3 years. Hence, the annual income of the

deceased is re-assessed at Rs.2,65,906/-. Further, as on the

date of the accident, the deceased was aged 47 years, hence,

25% future prospects has to be added to the income (i.e.

Rs.2,65,906 +25%), it comes to Rs.3,32,382/-. The

appropriate multiplier applicable to the age of the deceased is

13. The claimants are the wife, children and mother of the

deceased. Hence, 1/4th of income of the deceased has to be

deducted towards his personal expenses and 3/4th of income of

the deceased has to be contributed to his family. Thus, loss of

dependency is reckoned as under:

Rs.3,32,382/- x 13 x ¾= Rs.32,40,724/-

10. So far as the compensation under conventional

heads is concerned, the Tribunal has awarded compensation to

claimant No.1 under the head loss of consortium. As per the

ratio laid down by the Hon'ble Supreme Court in the case of

Magma General Insurance Company Limited Vs Nanu

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Ram @ Churu Ram & Others1 and Pranay Sethi supra and

as the claimants are the wife, children and mother of the

deceased, thus, they are entitled to Rs.40,000/- each towards

loss of consortium. The compensation awarded by the Tribunal

at Rs.15,000/- each towards loss of estate and towards funeral

expenses is just and reasonable and does not call for

interference by this Court. A sum of Rs.1,20,883/- awarded by

the Tribunal towards medical expenses remains undisturbed.

Thus, in all, the claimants are entitled to modified

compensation as under:

        Loss of dependency                              Rs.32,40,724/-
        Loss of consortium (Rs.40000x4)                 Rs. 1,60,000/-
        Loss of estate                                  Rs. 15,000/-
        Funeral expenses                                Rs. 15,000/-
        Medical expenses                                Rs. 1,20,883/-
                                                        ------------------
                        Total                          Rs.35,51,607/-
                                                        ------------------



        11.     Thus,     the     claimants   are    entitled     to   total

compensation of Rs.35,51,607/- as against Rs.19,09,262/-

awarded by the Tribunal.

12. Accordingly, the point for consideration is answered

partly in the affirmative.

2018 (18) SCC 130

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13. In the result, we pass the following:

ORDER

a) The appeal is allowed in part. The impugned judgment and award of the Tribunal is modified to an extent that the claimants are entitled to total compensation of Rs.35,51,607/- with interest at the rate of 6% per annum from the date of petition till realization.

b) The insurance company shall deposit the compensation with interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment.