Karnataka High Court
Parameshvaraiah vs The Manager on 13 November, 2024
-1-
NC: 2024:KHC:46178
MFA No. 2613 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.2613 OF 2021(MV-D)
BETWEEN:
1. PARAMESHVARAIAH,
S/O RANGAIAH
AGED ABOUT 55 YEARS,
2. GANGAMMA H. L.,
W/O R. PARAMESHVARAIAH
@ PARMESHAIAH
AGED ABOUT 45 YEARS,
3. HARSHITA P.,
D/O. R. PARAMESHVARAIAH
AGED ABOUT 25 YEARS,
Digitally signed by ALL ARE RESIDING AT :
AASEEFA PARVEEN NO.121, HODAKALL VILLAGE,
Location: HIGH URDIGERE HOBLI,
COURT OF
KARNATAKA BHATY POST,
TUMKUR TALUK AND DISTRICT
...APPELLANTS
(BY SRI. ANANDA K. S.,ADVOCATE)
AND:
1. THE MANAGER,
UNITED INDIA INSURANCE
COMPANY LTD.,
-2-
NC: 2024:KHC:46178
MFA No. 2613 of 2021
5TH AND 6TH FLOOR,
KRUSHI BHAVAN BUILDING,
HUDSON CIRCLE,
BANGALORE-1.
2. MS. THE MANAGING DIRECTOR
VRL LOGISTIC LTD.,
REGD. ADMIN OFFICE,
NH-4, BANGALORE ROAD,
VARUR HOBLI,
DHARWAD-581 207.
...RESPONDENTS
(BY SRI. M. ARUN PONAPPA, ADVOCATE FOR R1 (ABSENT);
SRI. ARAVIND, M. NEGALUR, ADVOCATE FOR R2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.12.2020, PASSED IN
MVC NO.5314/2019, ON THE FILE OF THE III-ADDITIONAL
JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES,
BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
-3-
NC: 2024:KHC:46178
MFA No. 2613 of 2021
ORAL JUDGMENT
Heard Sri.Ananda.K.S. learned counsel for the appellant
as well as Sri.Aravind.M Neglur learned counsel for respondent
No.2. Though Sri.M.Arun Ponappa is on record for respondent
No.1 learned counsel failed to make his appearance.
2. Appellant Nos.1 and 2 being the parents and
appellant No.3 being the sister of the deceased Naveen
Kumar.P, who died in a road traffic accident that occurred on
20.08.2019, moved an application claiming compensation of
Rs.25,00,000/- in total. The Motor Accidents Claims Tribunal,
Bengaluru, which dealt with the case as MVC No.5314/2019
rendered orders on 22.12.2020 awarding a sum of
Rs.17,73,200/- as compensation. Projecting that the sum
awarded is grossly low, the present appeal is filed by the
claimants.
3. Sri.Ananda.K.S. representing the appellants submits
that the deceased Naveen Kumar.P (hereinafter be referred to
as the 'deceased' for brevity) was working at a firm by name
'Unique Products' which is located at Bangalore by the date of
accident and was earning Rs.15,000/- per month. Though
NC: 2024:KHC:46178
through the evidence of PW2, who is proprietor of the said firm,
the appellants established the occupation and earnings, yet
without considering the said evidence, the Tribunal took the
notional income of the deceased as Rs.11,000/- per month and
awarded a meager sum as compensation under the head 'loss
of dependency'. Learned counsel submits that the accident
occurred in the year 2019 and for the relevant period, even the
Karnataka State Legal Services Authority is taking the notional
income as Rs.14,000/- per month and at least said figure
should have been considered by the Tribunal. Learned counsel
thereby seeks the Court to pass necessary orders.
4. Sri.Aravind.M Neglur learned counsel for respondent
No.2 though stated that no sufficient proof was produced to
show that the deceased was earning Rs.15,000/- per month by
the date of the accident, yet did not raise any objection to take
the notional income of the deceased as Rs.14,000/- per month.
Admittedly, though the appellants established the occupation of
the deceased, they failed to establish the earnings of the
deceased by the date of accident. Therefore, considering the
submission that is made by learned counsel for the appellants,
NC: 2024:KHC:46178
this Court is of the view that the notional income of the
deceased is required to be taken as Rs.14,000/- per month.
5. It is not in dispute that the deceased was aged
about 22 years by the date of accident and was a bachelor.
Therefore, 40% of the earnings of the deceased are required to
be added towards future prospects as per the decision of the
Hon'ble Apex Court in the case of National Insurance Company
Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC
680. Basing on the decision of the Hon'ble Supreme Court of
India in the case of Sarla Verma and Others Vs. Delhi Transport
Corporation and Another reported in AIR 2009 SC 3104, 50%
of the earnings are required to be deducted towards personal
and living expenses which the deceased would have incurred
for himself had he been alive. Also the appropriate multiplier to
be applied is '18'. Thus, the compensation which the appellants
are entitled to under the head loss of dependency is as under:
Amount
Description
In Rs.
Notional monthly income 14,000-00
Annual Income (14,000X12) 1,68,000-00
Add 40% towards future
2,35,200-00
prospects (1,68,000+40%)
Deduct 50% towards personal
1,17,600-00
and living expenses
NC: 2024:KHC:46178
Loss of dependency, on applying
21,16,800-00
appropriate multiplier '18'
6. Thus, the appellants are entitled to a sum of
Rs.21,16,800/- under the head 'loss of dependency'. Also the
appellants are entitled to Rs.15,000/- towards funeral expenses
and Rs.15,000/- towards loss of estate. Appellant Nos.1 and 2
being the parents of the deceased are entitled to Rs.40,000/-
towards loss of filial consortium. Thus, the compensation which
the appellants are entitled to is as under:
Amount
Sl No. Compensation
in Rs.
1 Loss of dependency 21,16,800-00
2 Funeral expenses 15,000-00
3 Loss of estate 15,000-00
4 Loss of filial consortium 40,000-00
Total 21,86,800-00
7. The Tribunal through the impugned order awarded
a sum of Rs.17,73,200/- as compensation. However, in the
light of foregoing discussion, it is clear that the appellants are
entitled to a sum of Rs.21,86,800/- as compensation.
Therefore, the appeal is disposed of with the following:
NC: 2024:KHC:46178
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the Motor
Accidents Claims Tribunal, Bengaluru through
orders in MVC No.5314/2019 dated 22.12.2020 is
enhanced from Rs.17,73,200/- to Rs.21,86,800/-.
(iii) The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the
date of deposit.
(iv) Respondent No.1 is directed to deposit the
enhanced sum within a period of eight weeks from
the date of receipt of copy of this order.
(v) The apportionment made by the Tribunal applies to
enhanced sum as well.
(vi) On such deposit, the appellants are permitted to
withdraw their respective shares.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
