Karnataka High Court
Sri. Gopala K N vs The Manager on 14 November, 2024
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NC: 2024:KHC:46215
MFA No. 559 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 559 OF 2023 (MV-D)
BETWEEN:
1. SRI. GOPALA K. N.,
S/O NARAYANAPPA,
AGED ABOUT 56 YEARS,
2. SMT. RADHA S. V.,
W/O. GOPALA K. N.,
AGED ABOUT 45 YEARS
BOTH ARE R/AT
ETIGADDAPALLI,
CHIKKABALLAPURA.
...APPELLANTS
Digitally signed by (BY SRI. K.V. NAIK, ADVOCATE)
AASEEFA PARVEEN
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE MANAGER,
LIBERTY GENERAL INSURANCE
COMPANY LIMITED,
NO 1, ALYASSA,
1ST FLOOR, REAR POSITION,
OLD NO. 28, NEW NO. 23,
RICHMOND ROAD, BENGALURU - 25.
(POLICY NO. 202550020120800156701000
VALID FROM 09-10-2020 TO 08-10-2021)
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NC: 2024:KHC:46215
MFA No. 559 of 2023
2. SRI. RAVINDRA NAIK,
S/O. GUNDE NAIK,
MAJOR, NO. 266/250,
85/12, CHIKKASUBBANNA LAYOUT,
BASHETTIHALLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL,
DISTRICT - 561 203.
...RESPONDENTS
(BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R1;
R2- NOTICE DISPENSED WITH, V/O. DATED 27.03.2023)
THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 18.10.2022 PASSED IN
MVC NO.1123/2021 ON THE FILE OF THE MEMBER, MACT, XXI
ADDITIONAL JUDGE OF SMALL CAUSES COURT, ACMM,
BENGALURU, (SCCH-23), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.K.V.Naik learned counsel for the appellant as
well as Sri.Ravi S Samprathi learned counsel for respondent
No.1.
2. The first appellant as the father and the second
appellant as the mother of the deceased Pramod.K.G.
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(hereinafter be referred to as the 'deceased' for brevity) filed a
petition seeking compensation urging that their son died in a
road traffic accident that occurred on 20.12.2020. The Motor
Accidents Claims Tribunal, Bengaluru which dealt with the case
as MVC No.1123/2021 rendered orders on 18.10.2022
awarding a sum of Rs.16,81,000/- as compensation divided
under the following heads:
1 Loss of Dependency 15,71,000-00
2 Loss of Consortium 80,000-00
3 Loss of Estate 15,000-00
4 Funeral Expenses 15,000-00
Total 16,81,000-00
3. Projecting that they are entitled for a higher sum,
this appeal is filed by the claimants. Arguing the matter,
Sri.K.V.Naik submits that the deceased was working as driver
by the date of accident and was earning Rs.20,000/- per
month. Though such a plea was taken by the appellants, yet
the Tribunal took the notional income of the deceased as
Rs.11,000/- per month unjustifiably. Learned counsel states
that the accident occurred in the year 2020 and for the relevant
period even the Karnataka State Legal Services Authority is
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taking the notional income as Rs.14,000/- per month for
settlement of claims and atleast the said figure should have
been considered by the Tribunal.
4. Sri.Ravi S Samprathi learned counsel for
respondent No.1 though contends that the compensation
granted is justifiable, did not raise any objection for taking the
notional income as Rs.14,500/- as pleaded by the appellants
before this Court. Also the sum suggested is justifiable.
Therefore, taking the notional income of the deceased as
Rs.14,500/- per month and without disturbing other
parametres as taken by the Tribunal i.e., adding 40% towards
future prospects and deducting 50% of the earnings towards
personal and living expenses which the deceased would have
incurred for himself had he been alive and applying the
appropriate multiplier '17', the compensation which the
appellants are entitled to under the head loss of dependency is
as under:
Amount
Description
In Rs.
Notional monthly income 14,500-00
Annual Income (14,500X12) 1,74,000-00
Add 40% towards future
2,43,600-00
prospects (1,74,000+40%)
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Deduct 50% towards personal
1,21,800-00
and living expenses
Loss of dependency, on applying
20,70,600-00
appropriate multiplier '17'
5. Thus, the compensation which the appellants are
entitled to under the head loss of dependency is Rs.20,70,600/.
The Tribunal through the impugned order awarded a sum of
Rs.15,71,000/- only under the said head. Thus, the
enhancement will be Rs.4,99,600/- (Rs.20,70,600/- -
Rs.15,71,000). Therefore, the appeal is disposed of with the
following:
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.1123/2021 dated 18.10.2022 is
enhanced by Rs.4,99,600/-.
(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.
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(v) The apportionment made by the Tribunal applies to
enhanced sum as well.
(vi) On deposit, the appellants are permitted to
withdraw their respective shares.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
