Karnataka High Court
Smt.Huchamma And Anr vs Bheemappa And Ors on 24 October, 2024
-1-
NC: 2024:KHC-K:7825
MFA No. 201487 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.201487 OF 2017 (MV-D)
BETWEEN:
1. SMT.HUCHAMMA
W/O LATE SHIVAMURTHY @ MOORTHEPPA,
AGED ABOUT 40 YEARS,
OCC: COOLIE & HOUSEHOLD.
2. LINGAPPA
S/O LATE SHIVAMURTHY @ MOORTHEPPA,
AGE: 19 YEARS, OCC: HOUSEHOLD,
BOTH ARE R/O SULTANPUR VILLAGE,
TQ. & DIST. RAICHUR.
...APPELLANTS
(BY SRI MAHANTESH PATIL, ADVOCATE)
Digitally signed by
RENUKA
AND:
Location: HIGH
COURT OF 1. BHEEMAPPA
KARNATAKA
S/O BALAYYA NAYAK,
AGE: 35 YEARS, OCC: DRIVER,
R/O: DEVADURGA,
DIST: RAICHUR-584101.
(DRIVER OF LORRY NO.KA-36/A-115).
2. HAMEEDUDDIN S/O GOUSE MOINUDDIN
DEAD BY LRS,
RAHEEMUNNISA BEGUM
2a. W/O HAMEEDUDDIN,
AGE: MAJOR.
-2-
NC: 2024:KHC-K:7825
MFA No. 201487 of 2017
2b. ASHFAQ HUSSSAIN
D/O HAMEEDUDDIN,
AGE: MAJOR
2c. ZAREENA BEGUM
D/O HAMEEDUDDIN,
AGE: MAJOR.
2d. SAMEENA BEGUM
D/O HAMEEDUDDIN,
AGE: MAJOR.
2e. TASLEEM BEGUM
D/O HAMEEDUDDIN,
AGE: MAJOR.
2f. AYESHA SIDDIQA
D/O HAMEEDUDDIN,
AGE: MAJOR
ALL ARE R/O H.NO.4-2-70,
MOMINPURA STREET, DEVADURGA,
TQ: DEVADURGA,
DIST: RAICHUR-584101.
3. THE BRANCH MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
NO.11-9-5, 1ST FLOOR,
KATKAM KRISHTAYYA COMPLEX,
CITY TALKIES ROAD, RAICHUR-584101.
...RESPONDENTS
(BY SRI SANJAY M. JOSHI, ADVOCATE FOR R3;
V/O DT.17.02.2018, NOTICE TO R1 & R2 ARE DISPENSED
WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO,
MODIFY THE JUDGMENT AND AWARD DATED 07.03.2017
PASSED BY THE LEARNED I ADDL. DISTRICT AND SESSIONS
JUDGE (MACT) AT RAICHUR, IN M.V.C.NO.526/2014, BY
-3-
NC: 2024:KHC-K:7825
MFA No. 201487 of 2017
ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION.
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 by the claimants assailing
the compensation determined by the Tribunal in MVC
No.526/2014. Respondent No.3/Insurance Company
admits its liability. The appeal is purely on quantum.
2. The claimants filed a claim petition for having
lost one Shivamurthy @ Moortheppa in a road traffic
accident dated 21.01.2014. The claim petition was filed
alleging that Shivamurthy was hale and healthy and was
aged about 48 years and was earning Rs.500/- per day by
doing agricultural coolie work. The Tribunal, in absence of
income proof assessed the income of the deceased
notionally at Rs.6,000/- per month and has awarded total
compensation of Rs.7,97,000.
NC: 2024:KHC-K:7825
3. On re-assessing the evidence and material on
record, this Court is of the view that in absence of income
proof and having regard to the fact that the accident is of
the year 2014, this Court is inclined to rely the income
chart prepared by the Karnataka State Legal Services
Authorities. By assessing the income of the deceased
notionally at Rs.7,500/- and by adding 25% future
prospects, the income is notionally assessed at Rs.9,375/-.
By deducting 1/3rd, the income is taken at Rs.6,250/- per
month and by applying a multiplier of 14, the
compensation re-determined under the head of loss of
dependency works out to Rs.10,50,000/- Under
conventional heads, the claimants are entitled for
Rs.1,10,000/-. The accident is of the year 2014 and in the
light of the judgment rendered by the Apex Court in the
case of National Insurance Company Ltd. vs. Pranay
Sethi1, 10% increase has to be extended for every three
years, i.e., for a period of six years. Therefore, on
(2017) 16 SCC 680
NC: 2024:KHC-K:7825
conventional heads of Rs.1,10,000/-, an additional sum of
Rs.22,000/- is added. Total compensation re-determined
by this Court works out to Rs.11,82,000/- as against
Rs.7,97,000/-.
4. In the light of findings recorded supra, this
Court passes the following:
ORDER
i. The appeal is allowed in part.
ii. The claimants are entitled for enhanced
compensation of Rs.3,85,000/- with
interest at the rate of 6% per annum from
the date of petition till its realization.
iii. The enhanced amount shall be apportioned
in terms of the judgment rendered by the
Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
