Karnataka High Court
Smt. Nagamma vs Machamada A Sathish on 13 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:46165
MFA No. 3216 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 3216 OF 2020
(MV-D)
BETWEEN:
1. SMT. NAGAMMA
W/O LATE GANGADHAR
NOW AGED ABOUT 42 YEARS
2. AJAYKUMAR G
S/O LATE GANGADHAR
NOW AGED ABOUT 24 YEARS
BOTH ARE R/AT NO.63,
SAMPIGEHALLI,
BANGALORE NORTH TALUK,
BANGALORE 560064
...APPELLANTS
Digitally signed
(BY SRI. GOPAL KRISHNA N., ADVOCATE)
by KIRAN
KUMAR R
Location: High AND:
Court of
Karnataka
1. MACHAMADA A SATHISH
S/O MACHAMDA AIYANNA
MAJOR BY AGE
R/AT NO. 149,
THAVALAGERI
VILALGE AND POST
VIRAJPET TALUK,
KODAGU DISTRICT 571218.
2. MR. M.U ABDUL GAFOOR
S/O USMAN
MAJOR BY ATE
-2-
NC: 2024:KHC:46165
MFA No. 3216 of 2020
CLASSIC TRADERS NAPOKLA
MADIKERE
KODAGU DISTRICT 571214.
3. THE BRANCH MANAGER
H.D.F.C. ERGO GENERAL INDSURANCE
COMPANYLTD.
SHANKAR NARAYAN BUILDING
2ND FLOOR, M.G. ROAD,
BANGALORE 560001
BY ITS MANAGER
...RESPONDENTS
(R-1 AND R-2 ARE SERVED AND UNREPRESENTED;
SRI. B.PRADEEP., ADVOCATE FOR R-3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 21.04.2018
PASSED IN MVC NO.2362/2016 ON THE FILE OF THE XXI
ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER,
MACT, BENGALURU (SCCH-23), 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 MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimants, being dissatisfied with the
compensation of Rs10,17,000/- awarded by the
Tribunal, are in appeal.
NC: 2024:KHC:46165
2. It is not in dispute that as a result of the motor vehicle
accident which occurred on 01.03.2016, Manohar G., a 25
year old died.
3. The Tribunal, on assessment of the evidence adduced
before it, proceeded to award the following sums as
compensation:
Sl. Amount
Nature of Heads
No. (In Rs.)
Loss of Dependency
1. 9,72,000/-
(Rs.4,500/- 12 x 18)
Loss of love and affection
2. 30,000/-
(1st and 2nd petitioners)
Funeral expenses &
3. 15,000/-
Transportation charges
Total 10,17,000/-
4. Before the Tribunal, though claimants contended that
the offending vehicle was covered under the insurance
policy, the Tribunal recorded a finding that Ex.R-
1/policy produced by the insurer indicate that it was
valid only from 24.09.2014 to 23.09.2015 and since
NC: 2024:KHC:46165
the accident occurred on 01.03.2016, there was
actually no policy in force.
5. In that view of the matter, it is clear that it is the
owner of the vehicle who would be liable for the
compensation.
6. As regards compensation is concerned, the Tribunal
while awarding the aforesaid compensation, has
assessed the monthly notional income of the deceased
at Rs.9,000/- since there was no actual proof of
income and has applied multiplier of '18' as the
deceased was aged 25 years as on the date of the
accident.
7. In cases where there is no evidence to determine the
actual income, it is appropriate to adopt the notional
income as assessed by the Karnataka State Legal
Services Authority, which for the year 2016, would be
Rs.9,500/-.
NC: 2024:KHC:46165
8. As per the decision of the Apex Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and Others - (2017) 16 SCC 680, as the
deceased was aged about 25 years, 40% of the same
(Rs.3,800/-) is required to be added to the said
income as future prospects and the resultant income
would be Rs.13,300/-.
9. Out of the said sum, 50% has to be deducted towards
the personal expenses of the deceased as he was a
bachelor, which makes his monthly income as
Rs.6,650/- for the purpose of calculating the loss of
dependency. Consequently, towards loss of
dependency, a sum of Rs.14,36,400/- is awarded
(Rs.6,650/- x 12 x '18').
10. The claimants being the mother and brother of the
deceased, each of them would be entitled to a sum of
Rs.48,000/- towards "loss of consortium" i.e., in all
Rs.96,800/- and they would also be entitled to a sum
of Rs.36,300/- under the "conventional heads".
NC: 2024:KHC:46165
11. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
Sl. Amount
Nature of Heads
No. (In Rs.)
Loss of Dependency
1. 14,36,400/-
(Rs.6,650/- x 12 x '18')
2. Loss of Consortium 96,800/-
3. Conventional Heads 36,300/-
Total 15,69,500/-
12. Thus, the claimants would be entitled to compensation
of Rs.15,69,500/- as against Rs.10,17,000/- awarded
by the Tribunal, along with interest at the rate of six
per cent per annum from the date of petition till its
realization, except for the delay period of 600 days in
filing the appeal.
13. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per
the ratio adopted by the Tribunal.
NC: 2024:KHC:46165
14. The owner of the offending vehicle shall be liable to
pay the compensation awarded along with interest.
The appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
RK
