Karnataka High Court
Krishnamma W/O Devidas Reddy And Ors vs President Of Deepalaya School N A And Anr on 13 November, 2024
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NC: 2024:KHC-K:8547
MFA No. 200395 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 200395 OF 2022 (MV-D)
BETWEEN:
1. KRISHNAMMA
W/O DEVIDAS REDDY
AGE. 48 YEARS
OCC. HOUSEHOLD
2. DEVIDAS REDDY S/O CHANDER REDDY
AGE. 53 YEARS
OCC. AGRICULTURE
3. MINIKA D/O DEVIDAS REDDY
AGE. 21 YEARS
OCC. STUDENT
ALL ARE R/O CHIKLI-J VILLAGE
TQ AURAD-B, DIST. BIDAR.
Digitally signed by ...APPELLANTS
RENUKA
Location: HIGH
COURT OF (BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE)
KARNATAKA
AND:
1. PRESIDENT OF DEEPALAYA SCHOOL N A
SANTAPUR, TQ. AURAD-B
DIST. BIDAR.
(OWNER OF VEHICLE)
2. MANAGER OF TATA AIG
GENERAL INSURANCE CO. LTD.
KARNATAKA IIND FLOOR
JP AND DEVI JAMBUKESHWAR ARCADE
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NC: 2024:KHC-K:8547
MFA No. 200395 of 2022
NO. 69, MILLERS ROAD
BENGALURU-560 052.
...RESPONDENTS
(BY SRI. SUDARSHAN .M, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O/D 27.05.2022)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS IN MVC NO. 387/2018 BEFORE THE
COURT OF THE ADDL. MACT AND SENIOR CIVIL JUDGE AT
AURAD - B, TO MODIFY THE JUDGMENT AND AWARD DATED
5.2.2021 PASSED IN MVC NO. 387/2018 BEFORE THE COURT
OF THE ADDL. MACT AND SENIOR CIVIL JUDGE AT
AURAD - B.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is filed by the parents and
sibling of the deceased questioning the quantum of
compensation determined by the Tribunal in
MVC.No.387/2018.
2. The appellants/claimants have filed the claim
petition for having lost one Machindra Reddy in a road
traffic accident dated 22.01.2018. Appellants/claimants
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have contended that the deceased was working as a driver
and supervisor under one Shalivan Sajjan Shetty and was
earning Rs.20,000/- per month. Tribunal, however was
not inclined to accept the said contention and in the
absence of income proof, notionally the income is assessed
at Rs.9,000/- and by adding 40% towards future
prospects, deducting 50% towards personal expenses and
applying the multiplier of 18, awarded a sum of
Rs.13,60,800/-. Under conventional heads, a sum of
Rs. 30,000/- is awarded. In all the Tribunal has awarded a
sum of Rs.13,90,800/-.
3. Heard the learned counsel for the appellants
and the learned counsel for respondent No.2/Insurance
Company.
4. This Court has reassessed the material on
record. On examining the record, this Court is of the view
that the claimants have failed to substantiate the income
of the deceased. In absence of income proof, this Court is
inclined to rely on the income chart prepared by the Legal
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Services Authority. The accident is of the year 2018.
Accordingly, the notional income is assessed at
Rs.11,750/-. By adding 50% towards future prospects,
the income works out to Rs.16,450/-. Thus, by deducting
50% towards personal expenses and applying the
multiplier of 18, compensation payable under the head of
loss of dependency is re-determined by this Court at
Rs.17,76,600/-(Rs.16450x50/100x12x18).
5. Under conventional heads, in all a sum of
Rs.1,10,000/- is awarded. Hence, additional amount of
Rs.11,000/- is awarded by applying the principles laid
down in the case of National Insurance Co. Ltd., vs.
Pranay Sethi and Ors1. Thus, total compensation re-
determined by this Court works out to Rs.18,97,600/- as
against Rs.13,90,800/- awarded by the Tribunal. The
appellants are held entitled to enhanced compensation of
Rs.5,06,800/- with interest at the rate of 6% per annum
from the date of petition till its realization.
2017 ACJ 2700 SC
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6. Accordingly, this Court proceeds to pass the
following:
ORDER
(i) The appeal is allowed in part;
(ii) The judgment and award dated passed by
the Tribunal in MVC.No.387/2018 is hereby modified;
(iii) The appellants are held entitled to
enhanced compensation of Rs.5,06,800/- with
interest at the rate of 6% p.a. from the date of
petition till the date of realization.
(iv) The apportionment shall be made in terms
of the order of the Tribunal;
(v) The amount in deposit, if any, shall be
remitted to the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
ALB
