Karnataka High Court
Sri Mahalingaiah vs Sri Surendra Rao on 1 October, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:40803
MFA No. 8376 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8376 OF 2018 (MV)
BETWEEN:
1. SRI MAHALINGAIAH
S/O LATE KUPPURAIAH
AGED ABOUT 64 YEARS
2. SMT. NAGAMMA
S/O SRI MAHALINGAIAH
AGED ABOUT 59 YEARS
BOTH ARE R/AT KADABA
GUBBI TALUK, GUBBI - 572 216.
...APPELLANTS
(BY SRI. M PRAKASHA., ADVOCATE FOR
SRI. NAIK N.R., ADVOCATE)
AND:
1. SRI SURENDRA RAO
Digitally signed by
HEMALATHA A S/O SRI RANOJI RAO
Location: HIGH R/AT NO. 145, KADABA
COURT OF GUBBI TALUK,TUMKUR DISTRICT- 572 2216
KARNATAKA
2. THE NATIONAL INSURANCE COMPANY
BRANCH OFFICE
KASTHURI MANSON
M.G.ROAD, BEHIND
KRISHNA TALKIES
ABOVE CORPORATION BANK
TUMKUR - 572 105.
...RESPONDENTS
-2-
NC: 2024:KHC:40803
MFA No. 8376 of 2018
(BY SRI.L SREEKANTA RAO., ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DATED: 30.07.2024)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:14.02.2017
PASSED IN MVC NO.1294/2014 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT,
GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimants being aggrieved by
the judgment and award dated 14.02.2017 passed by the
Additional Senior Civil Judge and Additional MACT, Gubbi
(hereinafter referred to as 'the Tribunal') in MVC
No.1294/2014.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 14.08.2014 when the deceased Lokesh
was proceeding on a motorcycle bearing registration No.
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KA-06/EQ-1000 towards Kadaba, at that time, a Tempo
Trax bearing registration No.KA-06/B-6427 which was
being driven in a rash and negligent manner, dashed
against the deceased. As a result of the aforesaid
accident, the deceased sustained grievous injuries and
succumbed to the injuries.
3. The claimants filed a petition under Section 166 of
the Act seeking compensation for the death of the
deceased along with interest.
4. Upon service of notice, the respondent Nos.1 and
2 appeared through counsel and respondent No.2 filed
written statement denying the averments made in the
claim petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The claimants, in order to prove the case,
examined claimant No.1 as PW-1, and got exhibited
documents namely Ex.P1 to Ex.P7. On behalf of
respondents, neither any witness was examined nor got
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exhibited documents. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent driving of the
offending vehicle by its driver, as a result of which, the
deceased sustained injuries and succumbed to the injuries.
The Tribunal further held that the claimants are entitled to
a compensation of Rs.10,76,000/- along with interest at
the rate of 9% p.a. and directed the Insurance Company
to deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimants raised the
following contentions:
i) Firstly, as per the law laid down by the Hon'ble
Supreme Court in the case of NATIONAL INSURANCE
CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017
SC 5157], the claimants are entitled to addition of future
prospects.
ii) Secondly, considering the age and avocation of
the deceased, the overall compensation awarded by the
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Tribunal is inadequate and on the lower side. Hence,
sought to allow the appeal.
7. On the other hand, the learned counsel for the
Insurance Company submits as follows:
i) Firstly, since the claimants have not established the
income of the deceased, they are not entitled for
compensation towards 'future prospects'.
ii) Secondly, the overall compensation awarded by
the Tribunal is on the higher side, contrary to the
judgment of the Apex Court in the cases of PRANAY
SETHI (supra) and MAGMA GENERAL INSURANCE CO.
LTD. -V- NANU RAM [2018 ACJ 2782].
iii) Lastly, in light of the Division Bench decision of
this Court in the case of MS.JOYEETA BOSE AND
OTHERS -V- VENKATESHAN.V AND OTHERS (MFA
5896/2018 AND CONNECTED MATTERS DISPOSED
OF ON 24.8.2020), the rate of interest awarded by the
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Tribunal at 9% p.a. on the compensation amount is on the
higher side. Hence, sought to dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that Lokesh died in the road
traffic accident occurred on 14.08.2014 due to rash and
negligent driving of the offending vehicle by its driver.
10. The Tribunal has rightly considered the notional
income of the deceased as Rs.9,000/- p.m. To the
aforesaid income, 40% has to be added on account of
future prospects in view of the law laid down by the
Constitution Bench of the Supreme Court in 'PRANAY
SETHI' (supra). Thus, the monthly income comes to
Rs.12,600/-. Since the deceased was a bachelor, it is
appropriate to deduct 50% of the income of the deceased
towards personal expenses and remaining amount, i.e.,
Rs.6,300/- has to be taken as his contribution to the
family. The deceased was aged about 28 years at the
time of the accident and multiplier applicable to his age
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group is '17'. Thus, the claimants are entitled to
compensation of Rs.12,85,200/- (Rs.6,300*12*17) on
account of 'loss of dependency'.
11. In addition, the claimants are entitled to
compensation of Rs.15,000/- on account of 'loss of estate'
and compensation of Rs.15,000/- on account of 'funeral
expenses'.
12. In view of the law laid down by the Supreme
Court in the case of MAGMA GENERAL INSURANCE
COMPANY (supra), claimant Nos.1 and 2, parents of the
deceased are entitled for compensation of Rs.40,000/-
each under the head of 'loss of filial consortium'.
13. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 12,85,000
Funeral expenses 15,000
Loss of estate 15,000
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Loss of Filial consortium 80,000
Total 13,95,000
14. In the result, the following order is passed:
ORDER
(i) The appeal is allowed in part.
(ii) The judgment of the Claims Tribunal is modified.
(iii) The claimants are entitled to a total
compensation of Rs.13,95,000/- as against Rs.10,76,000/-
awarded by the Tribunal.
(iv) Following the judgment of the Division Bench of
this Court in the case of 'MS.JOYEETA BOSE' (supra),
the enhanced compensation shall carry interest at 6% per
annum.
(v) The Insurance Company is directed to deposit the
compensation amount along with interest from the date of
filing of the claim petition till the date of realization, within
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a period of six weeks from the date of receipt of a copy of
this judgment.
(vi) The apportionment, deposit and release of
amount shall be made in accordance with the terms of the
award of the Tribunal.
(vii) In view of the order dated 01.10.2024, passed
by this Court, the claimants are not entitled for interest on
the enhanced compensation for the delayed period of 514
days in filing the appeal.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
