Karnataka High Court
Basava S/O Yerreppa vs Sunkanya S/O Adibasappa on 13 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:16608-DB
MFA No. 101748 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 101748 OF 2023 (MV-D)
BETWEEN:
1. BASAVA S/O. YERREPPA,
AGED ABOUT 48 YEARS, OCC. COOLIE.
2. NAYAKARA SUNIL S/O. BASAVA,
AGE. 19 YEARS, OCC. STUDENT.
3. ANIL S/O. BASAVA,
AGED ABOUT 16 YEARS, OCC. STUDENT,
THE APPELLANT NO.3 IS MINOR,
Digitally
signed by R/BY THEIR GUARDIAN AND NATURAL
JAGADISH T R
Location: FATHER BASAVA S/O. YERRAPPA,
High Court of
Karnataka,
Dharwad AGED ABOUT 48 YEARS.
Bench
4. SOMA S/O. BASAVA
AGED ABOUT 22 YEARS, OCC. STUDENT.
5. SUNKA NAIK S/O. BASYA NAIK,
AGED ABOUT 63 YEARS.
6. SMT. JAYAMMA W/O. SUNKA NAYAK,
AGED ABOUT 59 YEARS, OCC. HOUSE WIFE,
ALL ARE R/O. 2ND WARD, BARIKARA STREET,
-2-
NC: 2024:KHC-D:16608-DB
MFA No. 101748 of 2023
NEAR ANGANAWADI SCHOOL, SIRIWAR VILLAGE,
BALLARI TALUK AND DISTRICT 583102.
...APPELLANTS
(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)
AND:
1. SUNKAYYA S/O. ADIBASAPPA,
AGED ABOUT 37 YEARS, OWNER CUM RIDER
OF THE HERO HOND SPLENDER MOTOR CYCLE,
R/O. #207, DONEKAL SOMANNA STREET,
NEAR ESHWARA TEMPLE, SIRIWARA-VILLAGE,
BALLARI TALUK AND DISTRICT-583102.
2. THE MANAGER,
CHOLAMANDALAM MS GENERAL INSURANCE
COMPANY LIMITED, 1ST FLOOR,
KALABURGI SQUARE DESAI CROSS,
DESHPANDE NAGAR, HUBBALLI 580029.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, PRAYING TO CALL FOR THE LOWER COURT
RECORDS IN MVC NO.749/2020 DATED 18.08.2022 ON FILE OF 1ST
ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT-VTH AT BALLARI
AND MODIFIED AND ENHANCE THE COMPENSATION IN MVC
ST
NO.749/2020 DATED 18.08.2022 ON FILE OF 1 ADDL. SENIOR
CIVIL JUDGE AND MEMBER MACT-VTH AT BALLARI IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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MFA No. 101748 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
This appeal is filed by the claimants under Section 173(1)
of the Motor Vehicles Act, 1988 (for short 'MV Act'), challenging
the judgment and award dated 18.08.2022 passed in MVC
No.749/2020 on the file of the learned I Additional Senior Civil
Judge and Member MACT-V, Ballari (for short 'Tribunal'),
whereby, the Tribunal awarded a sum of Rs.10,45,944/- as
compensation.
2. For the sake of convenience, the parties are
referred to as per their rankings before the Tribunal.
3. Brief facts of the claimants' case before the Tribunal
are as under:
The claimants filed a claim petition under Section 166 of
the MV Act before the Tribunal seeking compensation on
account of death of Sunkamma W/o. Basava in a road traffic
accident. On 11.11.2020 at about 4.00 p.m., when the
deceased along with respondent No.1 were proceeding in
motorcycle bearing registration No.KA-34/X-3097 from her
field, when they reached near B.D. Halli cross on Ballari-Moka
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road, at that time respondent No.1 rode the said motorcycle in
a rash and negligent manner with great speed and fell in ditch,
as a result of which deceased fell down from the motorcycle
and sustained severe injuries. After the accident, the injured
was shifted to VIMS Hospital, Ballari for treatment, where she
declared to be dead.
4. The Tribunal considering the evidence on record at
Ex.P1 to P15, oral evidence of PW1 and Ex.R1 & R2, granted
total compensation of Rs.10,45,944/- with interest at 6% per
annum from the date of petition till the date of deposit. Being
aggrieved by the same, the appellants/claimants have
preferred this appeal.
5. Learned counsel for the appellants/claimants
contended that the claimants are the husband, children, father
and mother of the deceased. The deceased was aged about 40
years at the time of accident and was working as coolie and
agriculturist and earning Rs.18,000/- per month. But the
Tribunal has considered the income of the deceased at
Rs.8,000/- per month which is on lower side. He further
contended that the Tribunal has not considered 40% of the
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future prospects to the income of the deceased. Further, the
Tribunal has deducted the personal expenses of the deceased
to the extent of 1/3rd instead of 1/5th, since there are six
dependents of the deceased. Hence, he prayed to allow the
appeal.
6. Per contra, learned counsel for the Insurance
Company vehemently contended that the Tribunal has
considered oral and documentary evidence on record and
granted fair and reasonable compensation on all heads. Hence,
he prayed to dismiss the appeal.
7. As there is no dispute with regard to the occurrence
of the accident on 11.11.2020 at about 4.00 p.m., when the
deceased along with respondent No.1 were proceedings in the
motorcycle bearing registration No.KA-34/X-3097 from her
field, when they reached near B.D.Halli cross on Ballari-Moka
road, at that time respondent No.1 rode the said motorcycle in
a rash and negligent manner with high speed, as a result of
which the deceased fell down from the motorcycle and
sustained severe injuries and succumbed to the accidental
injuries.
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8. From the perusal of the judgment and award, the
Tribunal considered the notional income of the deceased at
Rs.8,000/- per month. As per the Circular issued by the
Karnataka State Legal Services Authority as well as High Court
Legal Services Committee, Dharwad, for the accident of the
year 2020 the notional income would be assessed at
Rs.13,750/- per month. Hence, the income of the deceased
considered by the Tribunal at Rs.8,000/- is on lower side.
9. At the time of accident, the deceased was aged
about 41 years as per the postmortem report. But, the Tribunal
has not considered future prospects at 25%. In view of the
decision of the Hon'ble Apex Court in the case of National
Insurance Company Limited Vs. Pranay Sethi & Others1,
claimants are entitle for future prospects.
10. Admittedly, claimants are the dependents of the
deceased. But the Tribunal has not considered the parents of
the deceased as dependents and hence, deducted 1/3rd of the
personal expenses of the deceased, which is not fair. The
parents of the deceased also considered as the dependents of
(2017) 16 SCC 680
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the deceased and therefore, 1/4th of the personal expenses of
the deceased shall be taken into consideration.
11. The deceased was aged about 41 years at the time
of the accident. As per decision of the Hon'ble Apex Court in the
case of Sarala Verma & Others Vs. Delhi Transport
Corporation & Another2, multiplier applicable to the age of
the deceased is '14'. Thus, loss of dependency is reckoned as
under:
Rs.13,750 + 25% (Rs.3,438/-) = 17,188/- x ¼ = Rs.4,297/-
Rs.17,188-Rs.4,297=Rs.12,891 x 12 x 14 = Rs.21,65,688/-
12. The Tribunal has committed an error in not
awarding fair compensation under the head of loss of
consortium, loss of estate and funeral expenses. As per the
judgment rendered by the Hon'ble Apex Court in the case of
Magma General Insurance Company Limited Vs Nanu
Ram @ Churu Ram & Others3, the claimants are entitled to
Rs.44,000/- each towards loss of consortium and also entitled
to Rs.16,500/- towards loss of estate and Rs.16,500/-
towards funeral expenses (including 10% escalation). Thus, in
2009 ACJ 1298
2018 (18) SCC 130
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all, the claimants are entitled to modified compensation as
under:
Heads Amount in Rs.
Loss of dependency 21,65,688/-
Loss of consortium (Rs.44,000x6) 2,64,000/-
Funeral expenses 16,500/-
Loss of estate 16,500/-
Total 24,62,688/-
13. Thus, the claimants are entitled to total
compensation of Rs.24,62,688/- as against Rs.10,45,944/-
awarded by the Tribunal.
14. In the result, we pass the following:
ORDER
a) The appeal filed by the claimants is allowed
in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants are entitled to total compensation
of Rs.24,62,688/- as against
Rs.10,45,944/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till realization.
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d) Insurance Company shall deposit the
modified compensation amount with accrued
interest before the Tribunal within six weeks
from the date of receipt of copy of this
judgment.
e) The apportionment, disbursement and deposit
shall be made in terms of the award of the
Tribunal.
f) The amount in deposit, if any, shall be
transmitted to the Tribunal.
g) Draw modified award accordingly.
h) Registry is directed to send a copy of this
judgment to the Tribunal forthwith.
i) No order as to costs.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
SMM/ct-an
