Karnataka High Court
Smt.Meenakshi W/O Ashok Sontakki vs Smt.V. Vasuki W/O M Veluswamy on 16 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:14975-DB
MFA No. 103892 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 16TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.103892 OF 2017 (MV-D)
BETWEEN:
1. SMT. MEENAKSHI
W/O. ASHOK SONTAKKI,
AGE: 33 YEARS,
OCC: HOUSE HOLD WORK,
R/O: ALARWAD TALUK AND DIST: BELAGAVI.
2. PRIYANKA
D/O. ASHOK SONTAKKI,
AGE: 13 YEARS,
REPRESENTED BY M/G REPRE. BY
MOTHER PETITIONER NO.1.
3. PREETI
D/O. ASHOK SOTAKKI,
Digitally signed by
JAGADISH T R AGE: 11 YEARS,
Location: High Court of
Karnataka, Dharwad Bench REPRESENTED BY
M/G REPRE. BY MOTHER PETITIONER NO.1.
4. SMT. SHAKUNTALA
W/O. MADIVALAPPA SONTAKKI,
AGE: 70 YEARS, OCC: NIL,
R/O: ALARWAD TALUK
AND DIST: BELAGAVI.
...APPELLANTS
(BY SMT. SOUBHAGYA VAKKUND, ADVOCATE FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
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MFA No. 103892 of 2017
AND:
1. SMT. V. VASUKI
W/O. M. VELUSWAMY,
AGE: MAJOR,
OCC: BUSINESS,
R/O: 2/227,
KARALYAMPUDUR,
PAPPINACKEPAPPINACKENPATTI,
POST: NAMAKAL-637003,
TAMIL NADU.
2. UNITED INDIA INSURANCE CO. LTD.,
REPRESENTED BY
ITS DIVISIONAL MANAGER,
D.O.MARUTI GALLI BELAGAVI,
(INSURED AT NO.2 DR.SANKARAN ROAD,
NAMAKAL-637001.
...RESPONDENTS
(BY SRI. N.R.KUPPELUR, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.03.2017 PASSED IN MVC
NO.1754/2015 ON THE FILE OF IX ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELAGAVI, 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: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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MFA No. 103892 of 2017
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
1. 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 challenging the
judgment and award dated 01.03.2017 passed by the IX
Addl. District and Sessions Judge and Addl. MACT,
Belagavi in MVC No.1754/2015.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 08.07.2015, when the deceased Ashok
Madiwalappa Sontakki was proceeding on the motorcycle
bearing registration No.KA-22/X-7081 on H.H.4
Kondaskoppa Village, at that time, a truck bearing
registration No.TN-28/AH-4149 which was abruptly
stopped the truck and thereby the deceased went ahead
and came into contact with the said truck from its hind
side. As a result of the aforesaid accident, the deceased
sustained grievous injuries and succumbed to the injuries
during the course of the treatment. The claimants filed a
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claim petition under Section 163-A of the Act seeking
compensation for the death of the deceased along with
interest.
3. Upon service of notice, the respondent No.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1, despite service of notice, did not appear
before the Tribunal and was placed ex-parte.
4. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The Tribunal, by impugned judgment and
award has partly allowed the claim petition and held that
the claimants are entitled to a compensation of
Rs.3,09,500/- along with interest at the rate of 6% p.a.
and directed the respondent No.2 to deposit the
compensation amount along with interest. Being
aggrieved, the present appeal has been filed.
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5. The learned counsel for the claimants has contended
that the deceased was earning a sum of Rs.3,300/- per
month. The Tribunal has assessed annual income of the
deceased at Rs.30,000/-, which is on the lower side.
Hence, he sought for enhancement of the compensation.
6. Per contra, Sri. N.R. Kuppelur, learned counsel for
the respondent No.2/Insurer has contended that even
though the claimant has claimed that the deceased was
earning Rs.3,300/- per month, but they have not produced
any document to establish the same, even Ex.P17-Salary
Certificate issued by M S Patil Sarees is produced, the
claimants have not examined an author of the said
document. Therefore, the Tribunal has rightly considered
annual income of the deceased at Rs.30,000/-. Hence, he
sought for dismissal of the appeal.
7. Heard the learned counsel for the parties and
perused the impugned judgment and award of the
Tribunal.
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8. It is not in dispute that one Ashok Madiwalappa
Sontakki died in a road traffic accident occurred on
8.7.2016 due to rash and negligent driving of the driver of
the Truck bearing registration No.TN-28/AH-4149. The
claimants are wife and children of the deceased. The
claimant No.1-wife of the deceased has been examined
herself as PW1 and in her evidence, she has categorically
stated that the deceased was working in M S Patil Sarees
and earning a sum of Rs.3,300/- per month. In order to
prove the same, the claimants have produced Ex.P17-
Salary Certificate issued by the employer. Considering the
evidence of PW1 and Ex.P17, we are of the considered
opinion that monthly income of the deceased has to be
assessed at Rs.3,300/- per month. There is no dispute
with regard to deduction of 1/3rd towards personal
expenses of the deceased, applicable multiplier of 15.
Accordingly, loss of dependency is recalculated as under:
Rs.3,300 x 12 x 15 x 2/3 = Rs.3,96,000/-
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9. In addition, the claimants would be entitled to
Rs.2,000/- towards funeral expenses, Rs.2,500/-
towards loss of estate and Rs.5,000/- towards loss of
consortium. In all, the claimants are entitled to total
compensation of Rs.4,05,500/- as against Rs.3,09,500/-
awarded by the Tribunal.
10. In the result, we proceed to pass the following:
ORDER
a) The appeal filed by the claimants is
allowed in part.
b) The impugned judgment and award of
the Tribunal is modified to an extent that
the appellants are entitled to total
compensation of Rs.4,05,500/- as
against Rs.3,09,500/- awarded by the
Tribunal.
c) The enhanced compensation amount
shall carry interest at the rate of 6% per
annum from the date of petition till its
realization.
d) The respondent/Insurer is directed to
deposit the enhanced compensation
amount with accrued interest before the
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Tribunal within a period of six weeks
from the date of receipt of copy of this
judgment.
e) Draw modified award accordingly.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
RSH/JTR
Ct:VH
