Karnataka High Court
The Manager vs Sri Devendrappa on 12 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:45785
MFA No. 4865 of 2018
C/W MFA No. 6755 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.4865 OF 2018(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.6755 OF 2018(MV-D)
IN MFA No. 4865/2018
BETWEEN:
THE MANAGER ,
THE ORIENTAL INSURANCE CO. LTD.,
BRANCH OFFICE,
NO. 289/6, A.M.ARCADE,
NEAR VIDYARTHI BHAVAN CIRCLE,
C.J. HOSPTIAL ROAD, DAVANAGERE.
REP. BY ITS REGIONAL MANAGER
Digitally signed THE ORIENTAL INSURANCE CO. LTD.,
by KIRAN REGIONAL OFFICE,
KUMAR R
SUMANGALI COMPLEX,
Location: HIGH
COURT OF LAMINGTON ROAD,
KARNATAKA HUBLI.
...APPELLANT
(BY SRI. SHANKARA REDDY C., ADVOCATE)
AND:
1. SRI. DEVENDRAPPA
S/O HANUMANTAPPA @ HANUMANTHAPPA
AGED ABOUT 47 YEARS.
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NC: 2024:KHC:45785
MFA No. 4865 of 2018
C/W MFA No. 6755 of 2018
2. SMT. DURUGAMMA
W/O DEVENDRAPPA,
AGED ABOUT 39 YEARS
3. KUM. ANUPAMA
D/O DEVENDRAPPA,
AGED ABOUT 18 YEARS,
SINCE THE RESPONDENT NO.3 IS MINOR
REPRESENTED BY HER NATURAL GUARDIAN
AND MOTHER I.E., 2ND RESPONDENT.
4. VENKATESH B S
S/O DEVENDRAPPA,
AGED ABOUT 20 YEARS,
ALL ARE
R/AT NO.141,
THUMBIGERE VILLAGE,
DAVANAGERE TALUK AND DISTRICT - 577 001.
5. SRI. RAMESH
S/O BASAVARAPPA,
R/AT THUMBIGERE VILLAGE,
DAVANAGERE TALUK AND DISTRICT - 577 001.
SRI. BASAVARAJAPPA D.P.,
S/O PARAMESHWARAPPA,
SINCE DEAD BY LRS
6. SAVITRAMMA
W/O LATE BASAVARAJAPPA,
AGED ABOUT 45 YEARS
7. SMT. KAVITHA
D/O LATE BASAVARAJAPPA,
-3-
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MFA No. 4865 of 2018
C/W MFA No. 6755 of 2018
AGED ABOUT 24 YEARS
BOTH ARE R/AT THUMBIGERE VILLAGE
DAVANAGERE TALUK AND DISTRICT - 577 001.
...RESPONDENTS
(BY SRI. R. SHASHIDHARA, ADVOCATE FOR R1 TO R4;
R5, R6 SERVED;
V/O/D 05.11.2024, NOTICE TO R7 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.02.2018 PASSED IN MVC
NO.389/2017 ON THE FILE OF THE 1ST ADDITIONAL SENIOR
CIVIL JUDGE & 5TH MACT, DAVANAGERE, AWARDING
COMPENSATION OF RS.16,42,800/- WITH INTEREST AT 8%
P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
IN MFA NO. 6755/2018
BETWEEN:
1. DEVENDRAPPA
W/O HANUMANTPPA @ HANUMANTHAPPA,
AGED ABOUT 47 YEARS.
2. DURUGAMMA
W/O DEVENDRAPPA,
AGED ABOUT 39 YEARS.
3. KUM. ANUPAMA
D/O DEVENDRAPPA,
AGED ABOUT 18 YEARS.
4. VENKATESH B.,
S/O DEVENDRAPPA,
AGED ABOUT 20 YEARS.
-4-
NC: 2024:KHC:45785
MFA No. 4865 of 2018
C/W MFA No. 6755 of 2018
ALL ARE R/AT TUMBIGER VILLAGE,
DAVANAGERE TALUK-577 001.
...APPELLANTS
(BY SRI. R SHASHIDHARA, ADVOCATE)
AND:
1. RAMESH
S/O BASAVARAPPA,
AGED ABOUT 26 YEARS,
DRIVER OF TRACTOR
BEARING NO.KA-13/7360
R/O TUMBIGER VILLAGE,
DAVANAGERE DISTRICT-577 001
2. SAVITRAMMA
W/O LATE BASAVARAJAPA D.C.
AGED ABOUT 45 YEARS.
3. KAVITA
D/O BASAVARAJAPPA D.P.
AGED ABOUT 24 YEARS.
THE RESPONDENT NO.2 AND 3 ARE
R/O TUMBIGER VILLAGE,
DAVANAGERE DISTRICT-577 001
OWNER OF TRACTOR BEARING
NO.KA-13-7360
4. THE MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
BRANCH OFFICER,
DOOR NO.289/6,
A.M. ARCADE,
NEAR VIDYARTHI BHAVAN, CIRCLE,
-5-
NC: 2024:KHC:45785
MFA No. 4865 of 2018
C/W MFA No. 6755 of 2018
C.J. HOSPITAL ROAD,
DAVANAGERE-577 001.
...RESPONDENTS
(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R4;
V/O/D 05.11.2024, NOTICE TO R1 TO R3 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 01/02/2018, PASSED
IN MVC NO.389/2017, ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE & V ADDITIONAL MACT, DAVANGERE,
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR FURTHER ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
Both the insurer as well as the claimants are in
appeal questioning the quantum of compensation awarded
by the Tribunal.
2. The occurrence of the accident and the liability
of the insurer to pay the compensation are not in dispute.
NC: 2024:KHC:45785
3. The Tribunal, on assessment of the evidence
adduced before it, has come to the conclusion that the
driver of the offending vehicle was responsible for the
accident which has resulted in the death of the deceased.
The Tribunal has thereafter proceeded to award the
following sums as compensation:
Sl. Amount
Particulars
No. in (Rs.)
1. Loss of Dependency 16,12,800/-
2. Loss of Estate 15,000/-
Funeral expenses &
3. 15,000/-
Transportation charges
Total 16,42,800/-
4. The deceased was aged 25 years and was
working as an agriculturist. As there is no credible
evidence to ascertain the actual monthly income, it would
be appropriate and prudent to adopt the monthly income
determined by the Karnataka State Legal Services
Authority, which, for the accident of the year 2016, would
be Rs.9,500/-. Since the deceased was aged 25 years and
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40% requires to be added to the monthly income towards
future prospects, which would result in the income to be
Rs.13,300/- (Rs.9,500 + 3,800 (40%)). Since the
deceased was a bachelor, 50% of his income has to be
deducted towards personal expenses, hence monthly
income would be Rs.6,650/-. As the deceased was aged 25
years, a multiplier of '18' would have to be applied.
Consequently, the claimants would be entitled to a sum of
Rs.14,36,400/- (6,650 x 12 x 18 ) towards "loss of
dependency".
5. The claimants being the parents and siblings,
they would each be entitled to a sum of Rs.48,000/-
towards "loss of consortium" i.e., in all Rs.3,36,000/-
(Rs.48,000 x 7) and they would also be entitled to a sum
of Rs.36,300/- under the "conventional heads".
6. Thus, the claimants upon modification of the
impugned award, would be entitled to the following sums:
NC: 2024:KHC:45785
Sl. Amount
Particulars
No. (In Rs.)
1. Loss of Dependency 14,36,400/-
2. Loss of Consortium 3,36,000/-
3. Conventional Heads 36,300/-
Total 18,08,700/-
7. Thus, the claimants would be entitled to a
compensation of Rs.18,08,700/- as against
Rs.16,42,800/- awarded by the Tribunal, along with
interest at the rate of 6% per annum from the date of
petition till its realization.
8. The Insurance Company is directed to deposit
the amount of compensation awarded within a period of
two months from the date of receipt of a certified copy of
this judgment.
9. The deposit and release of the compensation
amount awarded shall be made as per the ratio adopted
by the Tribunal.
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The amount in deposit, if any, shall be transferred to
the Tribunal for disbursal in terms of the award.
This appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
JJ
