Karnataka High Court
Manasa H vs Thimmegowda on 12 November, 2024
-1-
NC: 2024:KHC:45928
MFA No. 1876 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.1876 OF 2022(MV-D)
BETWEEN:
1. MANASA H.,
W/O. LATE HARISHA C. N.,
AGED ABOUT 28 YEARS,
2. DARSHAN H. C,
S/O LATE HARISHA C N
AGED ABOUT 13 YEARS,
APPELLANT NO.2 IS MINOR
APPELLANT NO.1 NATURAL MOTHER
IS HIS MINOR GUARDIAN
3. ERAMMA,
W/O NINGEGOWDA
AGED ABOUT 67 YEARS,
Digitally signed ALL ARE RESIDENT OF
by AASEEFA
OPPOSITE TO RAM MANDIRA,
PARVEEN
WARD NO.1, CHANNAPATNA
Location: HIGH H N PURA ROAD, HASSAN,
COURT OF HASSAN DISTRICT - 573 201.
KARNATAKA
...APPELLANTS
(BY SRI. G.M. SHARATH KUMAR, ADVOCATE FOR
SRI. CHETHAN B.,ADVOCATE)
AND:
1. THIMMEGOWDA,
S/O YALAKKIGOWDA,
R/O. HANCHANAHALLI VILLAGE,
SHANTHIGRAMA HOBLI,
HASSAN TALUK, HASSAN - 573 201.
-2-
NC: 2024:KHC:45928
MFA No. 1876 of 2022
2. THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.,
SHRI MANJUNATHESHWARA
COMPLEX BUS STAND ROAD
HASSAN, HASSAN DISTRICT - 573 201.
...RESPONDENTS
(BY SRI. B.A. RAMAKRISHNA, ADVOCATE FOR R2;
R1 - NOTICE DISPENSED WITH, V/O. DATED 19.09.2024)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12.08.2020 PASSED IN
MVC NO. 824/2019 ON THE FILE OF THE 5TH ADDITIONAL
DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT,
HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.G.M.Sharath Kumar who represents
Sri.Chethan.B, learned counsel on record for the
appellants as well as Sri.B.A.Ramakrishna, learned counsel
for respondent No.2.
2. The first appellant being the wife, the second
appellant being the minor son and the third appellant
being the mother of the deceased Harish who died in a
road traffic accident that occurred on 30.03.2019 moved
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an application claiming compensation of Rs.60,00,000/- in
total. The Additional Motor Accidents Claims Tribunal,
Hassan which dealt with the matter as MVC No.824/2019
rendered orders on 12.08.2020 awarding a sum of
Rs.19,70,000/- as compensation. Aggrieved by the same,
the present appeal is filed.
3. Learned counsel Sri.G.M.Sharath Kumar
representing the appellants contends that the deceased
Harish (herein after be referred to as 'the deceased' for
brevity) was a driver by profession and he was earning
Rs.30,000/- p.m. by the date of accident. However, the
Tribunal without any basis took the notional income of the
deceased as Rs.12,000/-p.m. and awarded meager sum as
compensation. Learned counsel also submits that the
accident occurred in the year 2019 and for the relevant
period, the Karnataka State Legal Services Authority is
taking the notional income as Rs.14,000/- p.m. for
settlement of claims and at least the said figure should
have been considered by the Tribunal.
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4. Sri.B.A.Ramakrishna, learned counsel for
respondent No.2 though contends that the amount that is
awarded as compensation is justifiable, yet did not raise
any objection for taking the notional income as
Rs.14,000/- p.m. Also the figure suggested is justifiable.
5. Thus taking the notional income of the
deceased as Rs.14,000/- p.m and without disturbing other
parameters i.e., adding 25% of the earnings towards
future prospects, deducting 1/3rd of the earnings towards
personal and living expenses which the deceased would
have incurred for himself had he been alive and applying
appropriate multiplier '15', the compensation which the
appellants are entitled to under the head 'loss of
dependency' is as under:
Notional monthly income Rs.14,000/-
Annual income Rs.1,68,000/-
On adding 25% towards future Rs.2,10,000/-
prospects
On deducting 1/3rd towards Rs.1,40,000/-
personal and living expenses
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Loss of dependency, on applying Rs.21,00,000/-
appropriate multiplier 15
6. Thus the appellants are entitled to a sum of
Rs.21,00,000/- under the head loss of dependency.
Together with the said amount, the appellants are entitled
to Rs.15,000/- towards funeral expenses and Rs.15,000/-
towards loss of estate. The first appellant being the wife of
the deceased is entitled to Rs.40,000/- towards loss of
spousal consortium. The second appellant being the son of
the deceased is entitled to Rs.40,000/- towards loss of
parental consortium. The third appellant being the mother
of the deceased is entitled to Rs.40,000/- towards loss of
filial consortium. Thus the compensation which the
appellants are entitled to under different heads is as
under:
Sl. Description Amount
No
1 Loss of dependency Rs.21,00,000
2 Funeral expenses Rs.15,000
3 Loss of estate Rs.15,000
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4 Towards loss of spousal
Rs.40,000
consortium
5 Towards loss of parental
Rs.40,000
consortium
6 Towards loss of filial
Rs.40,000
consortium
Total Rs.22,50,000
7. The Tribunal through the impugned order
awarded a sum of Rs.19,70,000/- only as compensation.
Thus the enhancement will be Rs.2,80,000/-. Therefore,
the appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Additional Motor Accidents Claims Tribunal,
Hassan through orders in MVC
No.824/2019 dated 12.08.2020 is
enhanced by Rs.2,80,000/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% p.a. from the date of
petition till the date of deposit.
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(iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of 8(eight)
weeks from the date of receipt of copy of
this order.
(v) Out of the enhanced sum, the first and
second appellants are entitled to
Rs.1,00,000/- each and the third appellant
is entitled to Rs.80,000/-.
(vi) On deposit, the first and third appellants
are permitted to withdraw their respective
shares along with their share of interest.
(vii) The amount that fell to the share of second
appellant shall be kept in fixed deposit in
any nationalized bank till he attains the
age of majority.
(viii) On the second appellant attaining the age
of majority, he is permitted to withdraw
the same along with accrued interest.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
