Karnataka High Court
Ranjitha J S vs Ramesh G on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:42390
MFA No. 7431 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.7431 OF 2019(MV-D)
BETWEEN:
1. RANJITHA J.S.,
W/O J.P.SRINIVAS,
AGED ABOUT 33 YEARS,
HOUSEHOLD WORK,
2. AMRUTH S,
S/O J.P.SRINIVAS,
AGE 9 YEARS,
STUDENT,
THE APPELLANT NO.2 IS MINOR
REPRESENTED BY HIS
Digitally NATURAL GUARDIAN
signed by
KIRAN MOTHER APPLLANT NO.1,
KUMAR R
Location:
HIGH COURT BOTH ARE R/O RAJENDRA PRASAD ROAD,
OF JAGALUR TOWN, JAGALUR TALUK,
KARNATAKA
DAVANAGERE DISTRICT - 577 528.
...APPELLANTS
(BY SRI. R. SHASHIDHARA, ADVOCATE)
AND:
1. RAMESH G,
S/O GIDDAPPA,
AGE 37 YEARS,
DRIVER OF SRE BUS
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NC: 2024:KHC:42390
MFA No. 7431 of 2019
BEARING NO.KA-38/7552,
R/O JAGALUR GOLLARAHATTI VILLAGE,
JAGALUR TOWN,
DAVANAGERE DISTRICT - 577 528.
2. SYYED ANWAR,
S/O SYYED UBEDALLA,
AGE MAJOR,
OWNER OF SRE BUS BEARING
NO.KA-38/7552,
R/O NAYAKANAHATTI VILLAGE,
BALLARY ROAD, CHALLAKRE TALUK,
CHITRADURGA DISTRICT - 577 522.
3. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD,
BRANCH OFFICE, CHITRADURGA,
JAGALUR MAHALINGAPPA TOWERS,
1ST FLOOR, ABOVE HDFC BANK,
B.D.ROAD,
CHITRADURGA - 577 501.
4. PREMALEELA,
W/O J.O.PRANESH SHETRU,
73 YEARS, HOUSEHOLD WORK,
R/O RAJENDRA PRASAD ROAD,
JAGALUR TOWN, JAGALUR TALUK,
DAVANAGERE DISTRICT - 577 528.
...RESPONDENTS
(BY SRI.JANARDHAN REDDY, ADVOCATE FOR R3;
SRI.RUDRAPPA P., ADVOCATE FOR R4;
NOTICE TO R1 AND R2 - DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.12.2018 PASSED IN MVC
NO.65/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ITERNATE COURT, JAGALUR, PARTLY ALLOWING THE CLAIM
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NC: 2024:KHC:42390
MFA No. 7431 of 2019
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. This appeal is filed seeking enhancement of
compensation.
2. It is not in dispute that as a result of the motor
vehicle accident which occurred on 09.11.2017, a 43 year
old died.
3. It is not in dispute that the Insurer is liable to pay
the compensation as the offending vehicle was insured.
4. The Tribunal, on assessment of the evidence adduced
before it, has come to the conclusion that the driver of the
offending vehicle was responsible for the accident which
has resulted in the death of Mr. J.P.Srinivas. The Tribunal
has thereafter proceeded to award the following sums as
compensation:
NC: 2024:KHC:42390
Sl. Amount
Particulars
No. in (Rs.)
1. Loss of Dependency 10,08,000
2. Loss of Consortium 40,000
3. Loss of estate 15,000
4. Transportation of dead body and 15,000
funeral expense
Total 10,78,000
5. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income, notionally,
at Rs.9,000/-. As there is no credible evidence to ascertain
the actual monthly income, it would be appropriate and
prudent to adopt the monthly income determined by the
Karnataka State Legal Services Authority, which, for the
accident of the year 2017, would be Rs.11,000/-.
6. Since the deceased was aged 43 years and was self-
employed, 25% is required to be added to the monthly
income towards future prospects, which would result in the
income to be Rs.13,750/-. If 1/3rd is deducted towards
personal expenses, his monthly income would be
Rs.9,167/-.
NC: 2024:KHC:42390
7. The income of the deceased for the purposes of
determining the loss of dependency would thus be
Rs.9,167/-.
8. As the deceased was aged 43 years, a multiplier of
'14' would have to be applied. Consequently, the claimants
would be entitled to a sum of Rs.15,40,056/-
(Rs.9,167/- x 12 x 14) towards "loss of dependency".
9. The claimants, being the wife, daughter and the
mother, would each be entitled to a sum of Rs.48,400/-
towards "loss of consortium" i.e., in all
Rs. 1,45,200/- and they would also be entitled to a sum
of Rs.36,300/- under the "conventional heads".
10. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums:
Sl. Amount
Particulars
No. (In Rs.)
1. Loss of Dependency 15,40,056.00
2. Loss of Consortium 1,45,200.00
3. Conventional Heads 36,300.00
Total 17,21,556.00
NC: 2024:KHC:42390
11. Thus, the claimants would be entitled for
compensation of Rs.17,21,556/- as against
Rs.10,78,000/- awarded by the Tribunal, along with
interest at the rate of 6% per annum from the date of
petition till its realization.
12. The Insurance Company is directed to deposit the
amount of compensation awarded within a period of two
months from the date of receipt of a certified copy of this
judgment.
13. The deposit and release of the compensation amount
awarded shall be made as per the ratio adopted by the
Tribunal.
14. This appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PN
