Karnataka High Court
Smt. Basavannevva W/O Hanumantappa ... vs Manjunath S/O Pandurang Sakappanavar on 8 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2024:KHC-D:16375-DB
MFA No. 103281 of 2022
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.103281 OF 2022
BETWEEN:
1. SMT. BASAVANNEVVA
W/O. HANUMANTAPPA RANGANAVAR,
AGE: 39 YEARS, OCC: HOUSEHOLD WORK.
2. SRI. HANUMANTAPPA S/O. SHIVAPPA RANGANAVAR
AGE: 49 YEARS, OCC: COOLIE,
BOTH ARE R/O. MAKARAVALLI,
TQ: HANGAL, DIST: HAVERI-581104.
...APPELLANTS
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
AND:
1. MANJUNATH S/O. PANDURANG SAKAPPANAVAR
Digitally signed
by MANJANNA E AGE: MAJOR, OCC: BUSINESS,
Location: HIGH R/O. EWS-474 HOUSING BOARD,
COURT OF
KARNATAKA RUMDAMOL DAVORLIM SOUTH GOA-403707.
DHARWAD
BENCH
Date: 2024.11.20 2. THE DIVISIONAL MANAGER
10:26:12 +0530
UNITED INDIA INSURANCE CO. LTD.,
ENKAY COMPLEX, KESHWAPUR ROAD,
HUBLI-587101.
...RESPONDENTS
(BY SRI. N.R.KUPPELUR, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 10.02.2019 PASSED
IN MVC NO.1046/2017 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL MOTOR VEHICLE ACCIDENT CLAIMS
-2-
NC: 2024:KHC-D:16375-DB
MFA No. 103281 of 2022
TRIBUNAL, HANGAL, 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
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
1. This appeal under Section 173(1) of the Motor
Vehicles Act, 1988, (hereinafter referred to as 'the Act', for
short) has been filed by the claimants challenging the
judgment and award dated 10.02.2019 passed by the
learned Additional Senior Civil Judge and Additional MACT,
Hangal, in MVC No.1046/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that, on 12.05.2017 at about 3:30 pm, Shivaraj
and his colleague Yallesh were returning from Badamagatti
village. Shivaraj was driving his motorcycle bearing
registration No.KA-27/EE-3001 and when they came near
Tadas Gondi road near Nellikoppa cross, he stopped the
NC: 2024:KHC-D:16375-DB
vehicle to check the electrical line, at that time, one Maruti
Swift car bearing registration No.GA.08/4593 came from
Lakkikoppa village towards Hangal in a high speed and in
a rash and negligent manner and dashed against the
motorcycle, as a result, Shivaraj sustained grievous
injuries all over the body and his colleague, who was a
pillion on the, motorcycle sustained simple injures.
Shivaraj was immediately shifted to Government Hospital,
Hangal for first aid and was referred to KIMS Hospital,
Hubli. Shivaraj succumbed to the injuries on 12.05.2017
at 6:00pm. Hence, the claimants/parents of the deceased
filed a petition under Section 166 of the Act seeking
compensation for the death of Shivaraj along with interest.
3. Upon service of notice, respondent No.2-Insurance
company appeared through counsel and filed objections
denying the averments made in the petition.
4. Respondent No.1, though served, remained absent
and was placed ex-parte.
NC: 2024:KHC-D:16375-DB
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The Tribunal, by the impugned judgment
and award has partly allowed the claim petition and held
that the claimants are entitled to a compensation of
Rs.12,50,440/- along with interest at the rate of 9% p.a.
and held that respondent Nos.1 and 2 are jointly and
severally liable to pay compensation. However, respondent
No.2 being the insurer of the offending vehicle was
directed to deposit the compensation amount. Being
aggrieved, the present appeal has been filed.
6. The learned counsel for the appellants/claimants
contended that, as on the date of the accident, the
deceased was aged about 21 years and instead of 100%,
the Tribunal has added 50% of the income towards future
prospects. He further contended that the compensation
awarded under other heads are on the lower side and
hence prays for enhancement of compensation.
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7. On the other hand, the learned counsel for the
insurance company has contended that since the claimants
have failed to establish the income, the Tribunal has
rightly awarded the compensation. He further contended
that, in light of the Division Bench decision of this Court in
the case of MS.JOYEETA BOSE AND OTHERS -V-
VENKATESHAN.V AND OTHERS (MFA 5896/2018 AND
CONNECTED MATTERS DISPOSED OF ON 24.8.2020), the rate
of interest awarded by the Tribunal at 9% p.a. on the
compensation amount is on the higher side and hence
sought to reduce the rate of interest to 6% per annum.
With the above contentions, the learned counsel sought to
dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that Shivaraj died in a road traffic
accident that occurred on 12.05.2017 due to rash and
negligent driving by the driver of the Maruti Swift car
NC: 2024:KHC-D:16375-DB
bearing registration No.GA.08/4593. The claimants in
support of their contention that Shivaraj was working as a
Junior Powerman in HESCOM, Haveri and was earning
Rs.11,000/- per month, have produced Ex.P.10
appointment letter and Ex.P-9 salary certificate for the
month of April 2017, which disclose that deceased Shivaraj
was drawing salary of Rs.11,000/- per month. Considering
the aforesaid aspect, the income of the deceased is taken
at Rs.11,000/- per month. As per the judgment of the
Apex Court in the case of NATIONAL INSURANCE CO.
LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017 SC
5157], 50% of the income of the deceased has to be
added towards future prospects and as the deceased was
bachelor, 50% of the income has to be deducted towards
personal expenses of the deceased and as the deceased
was aged 21 years at the time of the accident, the
appropriate multiplier applicable to the age group of the
deceased is '18'. Thus, the claimants are entitled to
compensation of Rs.17,82,000/-
NC: 2024:KHC-D:16375-DB
(Rs.11,000+50%=16,500x50%x12x18) on account of
'loss of dependency'.
10. In addition, the claimants are entitled to
compensation of Rs.15,000/- on account of 'loss of
estate' and compensation of Rs.15,000/- on account of
'funeral expenses'. Claimant Nos.1 and 2 being the
parents of the deceased are entitled for compensation of
Rs.40,000/- each under the head loss of consortium.
11. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 17,82,000
Funeral expenses 15,000
Loss of estate 15,000
Loss of consortium 80,000
Total 18,92,000
12. In the result, the following order is passed:
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ORDER
a) The appeal is allowed in part.
b) The judgment and award of the Claims Tribunal is
modified. The claimants are entitled to a total
compensation of Rs.18,92,000/- as against
Rs.12,50,440/- awarded by the Tribunal.
c) Following the judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra), the
enhanced compensation shall carry interest at 6% p.a.
d) The Insurance Company is directed to deposit the
compensation amount along with interest from the date
of filing of the claim petition till the date of realization
within a period of six weeks from the date of receipt of
a copy of this judgment.
e) The apportionment, deposit and release of amount
shall be made in accordance with the terms of the
award of the Tribunal.
f) Draw award accordingly.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
KMV Ct:vh
