Karnataka High Court
Gurubai And Ors vs Chandrakanth And Ors on 8 November, 2024
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NC: 2024:KHC-K:8298
MFA No. 200027 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 200027 OF 2022 (MV-D)
BETWEEN:
1. SMT. GURUBAI
W/O LATE PRAKASH @ OMPRAKASH KALAGI
AGED 50 YEARS
OCC. COOLIE
2. SHIVAKUMAR
S/O LATE PRAKASH @ OMPRAKASH KALAGI
AGED 28 YEARS
OCC. STUDENT
3. SIDRAMAPPA
S/O LATE PRAKASH @ OMPRAKASH KALAGI
AGED 27 YEARS
OCC. STUDENT
Digitally signed by ALL ARE R/O DANDOTI
RENUKA TQ. CHITTAPUR, DIST. KALABURAGI.
Location: HIGH
COURT OF
KARNATAKA NOW AT C/O SHARNAPPA BANGALORE
KUSNOOR, TQ AND DIST KALABURAGI-585 101
...APPELLANTS
(BY SRI. S.V. DESHMUKH, ADVOCATE)
AND:
1. CHANDRAKANTH
S/O MALLESHAPPA DANDOTI
AGE 37 YEARS
OCC. DRIVER
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MFA No. 200027 of 2022
R/O KARDALLI, TQ CHITTAPUR
DIST. KALABURAGI-585 122
2. MAHADEVAPPA GOUDA S/O SIDRAMAPPA
GOUDA POLICE PATIL
AGE MAJOR
OCC. OWNER OF VEHICLE
NO. KA-32/A-5640
R/O RAJWAL, TQ. JEWARGI
DIST. KALABURAGI-585 132
3. THE MANAGER
CHOLAMANDALAM MS GENERAL
INSURANCE CO. LIMITED
DARE HOUSE, 2ND FLOOR
NSC BASE ROAD, CHENNAI-600 001.
4. BASAVARAJ S/O MALLAPPA YARAGOL
AGE MAJOR
OCC. DRIVER
R/O KODEKAL, TQ SHORAPUR
DIST. YADGIR-585 421.
5. GOPAL SHETTY S/O KRISHNAPPA SHETTY
AGE MAJOR
OCC. OWNER OF VEHICLE
NO. KA-12/9940
R/O KODAGI JANGALE, SIDDAPUR
R/O KUNDAPUR-576 201
DIST. UDUPI-576 229.
6. THE MANAGER
UNITED INDIA INSURANCE CO. LIMITED
BRANCH OFFICE, PO BOX NO. 18
KANCHANA TOWERS, NH 17
KUNDAPUR-576 201.
POLICY NO. 240502/31/09/01/00003427
W.E.F. 11-10-2009 TO 10.10.2010
THE MANAGER
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MFA No. 200027 of 2022
UNITED INDIA INS.CO LIMITED
JAWALI COMPLEX, KALABURAGI-585 101
...RESPONDENTS
(BY SRI. MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R3;
SRI. MANVENDRA REDDY, ADVOCATE FOR R6;
NOTICE TO R1, R2, R4 AND R5 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS AND MODIFY THE
JUDGMENT AND AWARD DATED 01.10.2019 PASSED BY THE
HON'BLE PRL. SENIOR CIVIL JUDGE AND MACT, KALABURGI
AT: KALABURGI IN MVC NO. 742/2016 AND BE PLEASED TO
ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS
PRAYED FOR HEREIN IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
This appeal is by the claimants assailing the quantum
determined by the Tribunal in MVC.No.742/2016. This
appeal is against two insurance companies since two
vehicles were involved in the accident. The Insurance
company admits its liability. Therefore, the appeal is
purely on quantum.
NC: 2024:KHC-K:8298
2. The claimants who are widow and children have
filed a claim petition for having lost one Prakash in a road
traffic accident dated 20.06.2010. The Tribunal in absence
of income proof assessed the income of the deceased
notionally at Rs.5,000/- and has awarded a sum of
Rs.5,60,000/- under the head 'loss of dependency'. The
Tribunal, in all, has awarded total compensation of
Rs.6,30,000/-.
3. On reassessing the evidence on record, this
Court is of the view that though Tribunal was justified in
assessing the income notionally, this Court finds that the
income of the deceased assessed at Rs.5,000/- is
marginally on the lower side. In absence of income proof,
this Court is inclined to place reliance on the income chart
prepared by the Legal Services Authority. The accident is
of the year 2010 and therefore, the income is taken at
Rs.5,500/- and by adding 25% towards future prospects,
the income is assessed at Rs.6,875/-. After deducting
1/3rd and by applying the multiplier of 14, the
NC: 2024:KHC-K:8298
compensation payable under the head 'loss of dependency'
works out to Rs.7,70,000/- (6875x12x14x1/3).
4. Under conventional heads, a sum of
Rs.1,50,000/- is awarded. The accident is of the year
2010 and therefore, a sum of Rs.30,000/- escalation at
the rate of 10% for every three years is added in terms of
the dictum laid down by the Hon'ble Apex Court in the
case of National Insurance Co. Ltd., vs. Pranay Sethi
and Ors.1. The total compensation re-determined by this
Court works out to Rs.9,50,000/- as against Rs.6,30,000/-
awarded by the Tribunal.
5. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The appeal is allowed in part;
(ii) The judgment and award passed by the
Tribunal in MVC.No.742/2016 is modified;
2017 ACJ 2700 SC
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(iii) The appellants are entitled to enhanced
compensation of Rs.3,20,000/- which shall carry
interest at the rate of 6% per annum from the
date of petition till realization;
(iv) The apportionment shall be made in
terms of the order of the Tribunal;
(v) The amount in deposit, if any, shall be
remitted to the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
