Karnataka High Court
K.Shireesha vs Regional Manger on 25 October, 2024
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NC: 2024:KHC-K:7873
MFA No. 202130 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 202130 OF 2017 (MV-D)
BETWEEN:
K.SHIREESHA
W/O LATE K NAGARAJ GOUDA,
AGE:26 YEARS, OCC:HOUSEHOLD,
R/O TUMKUNTA VILLAGE,
VEEPANAGAANDLA, MANDAL,
DISTRICT:MAHABOOB NAGAR,
NOW RESIDING AT RAILWAY STATION
AREA, SAIDAPUR.
...APPELLANT
(BY SRI. BASAVARAJ R. MATH ADVOCATE FOR
SRI. VEERANAGOUDA MALIPATIL ADVOCATE)
Digitally signed AND:
by RENUKA
Location: HIGH
COURT OF REGIONAL MANGER
KARNATAKA OFFICE OF REGIONAL OFFICE,
APSRTC, BUS STAND COMPLEX,
MAHABOOBNAGAR-509001.
...RESPONDENT
(BY SRI. S.V.DESHMUKH, ADVOCATE FOR RESPONDENT).
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO,
ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED
18.02.2016 IN MVC NO.143/2014 PASSED BY THE MEMBER
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NC: 2024:KHC-K:7873
MFA No. 202130 of 2017
MACT-II, YADGIRI, MAY KINDLY BE MODIFIED BY 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)
Captioned appeal is by the claimant assailing the
compensation determined by the Tribunal in MVC
No.143/2014. Respondent/ Corporation has admitted its
liability. Hence, the appeal is purely on quantum.
2. The appellant who is the legal heir and
dependant of one Nagaraj Gouda filed the claim petition,
having lost the said Nagaraj in the road traffic accident
dated 07.08.2013. The Tribunal by notionally assessing
the income of the deceased at Rs.6,000/- and by adding
50% towards future prospects, has awarded a
compensation of Rs.10,36,800/- under the head of loss of
dependency and under the conventional heads, a sum of
NC: 2024:KHC-K:7873
Rs.45,000/- is awarded. Aggrieved by the inadequate
compensation, the claimant is before this Court.
3. On re assessing the records, this Court is of the
view that the appellant has failed to substantiate the
actual income of the deceased. In absence of the income
proof, this Court is inclined to rely on the chart prepared
by KSLSA. Admittedly, the accident is of the year 2013.
Therefore, the income of the deceased is notionally
assessed at Rs.7,000/- p.m. The deceased was admittedly
aged 32 years at the time of accident. Therefore, 40% has
to be added towards future prospects. Total income of the
deceased works out to Rs.9,800/- and by deducting 1/3
and applying multiplier 16, compensation under the head
of loss of dependency works out to Rs.12,54,400/-. Under
the conventional heads, the claimant is entitled for a sum
of Rs.70,000/-. The accident is of the year 2013 and
therefore, in the light of the law laid down by the Hon'ble
Apex Court in the case of National Insurance Co. Ltd.,
Vs. Pranay Sethi, reported in (2017) 16 SCC 680, 10%
escalation needs to be added. Accordingly, 14,000/- is
NC: 2024:KHC-K:7873
awarded on conventional heads of Rs.70,000/-. The
appellant is entitled for the compensation as under:
Sl. Heads Amount
No.
1. Loss of dependency Rs.12,54,400/-
2. Conventional heads Rs.70,000/-
3. Escalation Rs.14,000/-
Total Rs.13,38,400/-
4. For the foregoing reasons, this Court passes the
following order:
ORDER
i. The MFA is allowed.
ii. The claimant is entitled for enhanced
compensation of Rs.2,56,600/- with 6% interest
from the date of petition till realization.
iii. The apportionment of the compensation shall be
made in terms of the order of the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NJ
List No.: 1 Sl No.: 5, CT-SW
