Karnataka High Court
P. Renuka W/O. Late P. Rudramuni vs Kodanda Rama @ Ramudu S/O. K. Ganganna on 13 November, 2024
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NC: 2024:KHC-D:16575
MFA No. 23834 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.23834 OF 2012 (MV-D)
BETWEEN:
1. SMT. P. RENUKA W/O. LATE P. RUDRAMUNI ,
AGE: 26 YEARS, OCC: HOUSEHOLD WIFE.
2. PAWAN S/O. LATE P. RUDRAMUNI,
AGE: 08 YEARS.
3. ABHISHEK S/O. LATE P. RUDRAMUNI ,
AGE: 06 YEARS
ALL ARE R/O: THORANGALU,
TQ: SANDUR, DIST: BELLARI.
PETITIONER NO.2 AND 3 ARE REPRESENTED
BY THEIR NATURAL MOTHER PETITIONER NO.2
...APPELLANTS
(BY SRI J. M. ANIL KUMAR, ADVOCATE)
AND:
Digitally signed 1. KODANDA RAMA @ RAMUDU S/O. K. GANGANNA,
by SAROJA
HANGARAKI AGE: 30 YEARS, OCC: DRIVER,
Location: High R/O: 15TH WARD CHITWADIGI, HOSPET,
Court of
Karnataka DIST: BELLARY.
2. G. CHINNABASAPPA S/O. ANJINEYA ,
AGE: 57 YEARS, OCC: OWNER OF THE VEHICLE,
R/O: ANKALAMMA TEMPLE, THORANGALLU,
TQ: SONDUR, DIST: BELLARI.
3. M/S. ORIENTAL INSURANCE CO., LTD.,
BY ITS DIVISIONAL MANAGERMAIN ROAD,
PARVATI NAGAR, BELLARI.
...RESPONDENTS
(BY SMT. RATNAMALA G.H., ADVOCATE FOR
SRI B.M.ANGADI, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 ARE DISPENSED WITH)
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NC: 2024:KHC-D:16575
MFA No. 23834 of 2012
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACTS, PRAYING TO, SET ASIDE THE JUDGMENT AND
AWARD PASSED BY THE PRINCIPAL SENIOR CIVIL - JUDGE AND
JMFC HOSPET IN M.V.C.NO.200/2010 DATED 22.08.2011 AND
AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM
PETITION, BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.,
THIS APPEAL, COMING ON FOR FURTHER SUBMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The above appeal is filed by the appellants/claimants
under Section 173(1) of the Motor Vehicles Act, 19881
challenging the judgment and award dated 22.08.2011
passed in MVC No.200/2010 by the Principal Senior Civil
Judge and JMFC, Hospet2.
2. For the sake of convenience, the parties herein
are referred as per their rank before the Tribunal.
3. The Tribunal, by its judgment and award dated
22.08.2011, has awarded a total compensation of
Hereinafter referred to as the 'Act of 1988'
Hereinafter referred to as the 'Tribunal'
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₹18,83,036/- together with interest at 6% per annum.
Seeking for enhancement of compensation, the present
appeal is filed by the claimants.
4. The finding of the Tribunal on negligence and
liability has not been challenged. Hence, the only question
that arises for consideration in the present appeal is with
regard to the quantum of compensation awarded.
5. The claimants are the wife and children of
deceased P. Rudramuni3 who died in a road traffic accident
dated 03.10.2009. The deceased was aged 27 years as on
the date of accident and was employed as a Senior
Technician Grade-I at JVSL Ltd., Thoranagallu. The
Tribunal after deducting personal expenses has assessed
the monthly income of the deceased at ₹9,059/- per
month. The Tribunal has also applied the appropriate
multiplier of 17. The assessment made by the Tribunal
with regard to the monthly income and multiplier is just
and proper.
Hereinafter referred to as the 'deceased'
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6. Having regard to the judgment of the
Constitution Bench of the Hon'ble Supreme Court in the
case of National Insurance Company Limited Vs.
Pranaya Sethi and others,4 50% of income of the
deceased is required to be taken towards future prospects.
The compensation in respect of the other heads is required
to be granted in terms of the judgment of the Hon'ble
Supreme Court in the case of United India Insurance
Company Limited Vs. Satinder Kaur and Others5.
7. In view of the aforementioned, the
compensation is re-assessed as follows:
i) For the purpose of loss of dependency the income
is taken as [₹9,059 + 50% = ₹13,588.5]
= ₹13,589/-. Thus, the claimants would be entitled for
compensation on the head of loss of dependency at
(₹13,589 x 12 x 17) = ₹27,72,156/- as against
₹18,48,036/- awarded by the Tribunal.
(2017) 16 SCC 680
AIR 2020 SC 3076
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ii) Loss of Consortium is re-assessed as
(₹40,000 x 3) = ₹1,20,000/- as against ₹10,000/-
awarded by the Tribunal.
iii) A compensation of ₹15,000/- each is awarded
towards loss of estate and funeral expenses as against
₹10,000/- and ₹5,000/- awarded by the Tribunal
respectively.
iv) Since assessment of compensation is made as
aforementioned, the compensation awarded by the
Tribunal under the head of loss of love and affection is set
aside.
8. In view of the aforementioned, the
compensation is re-assessed as follows:
Amount awarded Amount awarded
Heads
Sl.No. by the Tribunal by this Court
1. Loss of 18,48,036.00 27,72,156.00
dependency
2. Loss of Love 10,000.00 -----
and affection
3 Loss of 10,000.00 1,20,000.00
consortium
4. Loss of estate 10,000.00 15,000.00
5. Funeral 5,000.00 15,000.00
expenses
Total 18,83,036.00 29,22,156.00
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9. Hence, the appellants/claimants are entitled to
total compensation of ₹29,22,156/- as against
₹18,83,036.00/- awarded by the Tribunal i.e., an
enhancement of ₹10,39,120/- along with the interest at
the rate of 6% per annum from the date of petition till
date of payment.
10. In view of the aforementioned, the following:
ORDER
i) The above appeal is allowed in part;
ii) The judgment and award dated 20.08.2011
passed in MVC No.200/2010 by the Principal
Senior Civil Judge and JMFC, Hospet, is
modified to the extent stated herein. In all
other respects, the judgment and award of the
Tribunal remains unaltered.
iii) The claimants are entitled to a further
compensation of ₹10,39,120/- along with
interest at 6% per annum from the date of
petition till its realization in addition to the
compensation awarded by the Tribunal;
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iv) Respondent No.3/Insurance Company to pay
the entire compensation amount along with
interest to the appellants/claimants in both the
cases within six weeks from the date of receipt
of certified copy of this judgment.
v) The apportionment, deposit and disbursement
of the enhanced compensation shall be made as
per award of the Tribunal.
vi) The Registry to draw the modified award
accordingly.
vii) Registry to transmit the records forthwith to the
Tribunal.
Sd/-
(C.M. POONACHA)
JUDGE
PMP
