Karnataka High Court
Ningappa And Ors vs Subramanyam And Anr on 12 November, 2024
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NC: 2024:KHC-K:8374
MFA No. 200249 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.200249 OF 2022 (MV-D)
BETWEEN:
1. NINGAPPA S/O SABANNA,
AGE: 37 YEARS, OCC: NIL,
2. SABAMMA W/O NAGAPPA,
AGE: 33 YEARS, OCC: HOUSEHOLD,
3. RENUKAMMA D/O SABANNA,
AGE: 26 YEARS, OCC: NIL,
4. RAMALINGAMMA W/O NAGAPPA,
AGE: 25 YEARS, OCC: NIL,
5. YALLAPPA S/O SABANNA,
Digitally signed by AGE: 21 YEARS, OCC: NIL,
RENUKA
Location: HIGH ALL ARE R/O NEAR BASAVANAGUDI,
COURT OF
KARNATAKA SAIDAPUR VILLAGE,
TQ. AND DIST. YADGIR.
...APPELLANTS
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
AND:
1. SUBRAMANYAM S/O SANGRAM,
AGE: 48 YEARS,
OCC: OWNER OF LORRY BEARING
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NC: 2024:KHC-K:8374
MFA No. 200249 of 2022
REG NO.TN-88/A-9577,
R/O H.NO.1-83, VAGURAMPATTY,
POST: VASANT PURAM, DIST. NAMMAKAL,
TAMIL NADU STATE-637001.
2. M/S ROYAL SUNDARM ALLIANZ
INSURANCE COMPANY LTD;
SUNDRAM TOWERS,
45TH AND 46TH WHITES ROAD,
CHENNAI-600014,
THROUGH ITS MANAGER,
CLAIMS DEPARTMENT.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DTD. 23.02.2022, NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO, ALLOW THE
APPEAL, THE JUDGMENT DATED 09.04.2021 IN MVC
NO.79/2019 PASSED BY THE LEARNED SENIOR CIVIL JUDGE
AND MACT-II, YADGIR, MAY KINDLY BE MODIFIED BY
ENHANCING THE COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
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NC: 2024:KHC-K:8374
MFA No. 200249 of 2022
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is by the claimants, who are
questioning the quantum determined by the Tribunal in
MVC No.79/2019. The Insurance Company admits its
liability. The appeal is therefore purely on quantum.
2. The claimants, who are the children of one
Sabanna filed a claim petition. The claimants contended
that said Sabanna died in a road traffic accident dated
03.02.2019. The Tribunal having answered issue No.1 in
the affirmative, in absence of income proof, assessed the
income of the deceased notional at Rs.9,000/- and without
adding future prospects, awarded Rs.8,91,000/- under the
head of loss of dependency. The said judgment is under
challenge.
3. Heard the learned counsel on record. Perused
the materials.
4. This Court is of the view that the Tribunal erred
in assessing the income of the deceased notionally at
NC: 2024:KHC-K:8374
Rs.9,000/-. In absence of income proof, this Court is
inclined to rely on the income chart prepared by the
Karnataka State Legal Services Authority. The accident is
of the year 2019. Accordingly, the income of the deceased
is assessed at Rs.13,250/- and by adding 10% towards
future prospect, the income is taken at Rs.14,575/-. After
deducting 1/4th towards personal and living expenses of the
deceased and applying a multiplier of 11, the compensation
under the head of loss of dependency works out to
Rs.14,42,925/-.
5. Since there are 5 dependents, a sum of
Rs.2,00,000/- is awarded under the head of loss of
consortium and Rs.30,000/- is awarded towards loss of
estate and funeral expenses. The appellants are also
entitled for 10% escalation in the light of the law laid down
by the Apex Court in the case of National Insurance Co.
Ltd., Vs. Pranay Sethi1. Accordingly, an additional sum of
(2017) 16 SCC 680
NC: 2024:KHC-K:8374
Rs.23,000/- is awarded on Rs.2,30,000/-. The total
compensation re-determined by this Court works out to
Rs.16,95,925/- as against Rs.9,76,000/-.
6. In the light of findings recorded supra, this
Court passes the following:
ORDER
i. The appeal is allowed in part.
ii. The claimants are entitled for enhanced
compensation of Rs.7,19,925/- with
interest at the rate of 6% per annum from
the date of petition till its realization.
iii. The enhanced amount shall be apportioned
in terms of the judgment rendered by the
Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
