Karnataka High Court
Smt Iramma @ Eramma And Ors vs Sri.Ramesh And Anr on 25 October, 2024
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NC: 2024:KHC-K:7886
MFA No. 200579 of 2020
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.200579 OF 2020 (MV-D)
BETWEEN:
1. SMT IRAMMA @ ERAMMA
W/O GOPAL SWAMI,
AGE: 43 YEARS,
OCC: HOUSEHOLD WORK,
2. SRI VISHWANATH
S/O GOPAL SWAMI,
AGE: 21 YEARS,
OCC: STUDENT,
3. SRI LINGAYYA S/O GOPAL SWAMI,
AGE: 14 YEARS, OCC: STUDENT,
APPELLANT NO.3 IS MINOR,
Digitally signed by UNDER THE GUARDIAN,
RENUKA CARE AND CUSTODY OF
Location: HIGH NEXT FRIEND OF HIS NATURAL
COURT OF
KARNATAKA MOTHER SMT. IRAMMA @ ERAMMA,
APPELLANT NO.1.
ALL ARE R/O ARYARA ONI,
JALAHALLI VILLAGE,
NOW RESIDING AT H.NO.11-11-49,
BRESTWARPET, NEAR GEETA MANDIR,
RAICHUR-584101.
...APPELLANTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE)
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NC: 2024:KHC-K:7886
MFA No. 200579 of 2020
AND:
1. SRI RAMESH S/O HONNAPPA,
AGE: 39 YEARS, OCC: OWNER OF TOOFAN
TEMPO TRAX BEARING NO.AP.21/X-5929,
R/O H.NO.95/1, BANDE BHAVI,
TQ: LINGASUGUR,
DIST: RAICHUR-584122.
2. THE MANAGER,
CLAIMS DEPARTMENT,
RELIANCE GENERAL INSURANCE CO. LTD.,
V.A. KALABURAGI SQUARE,
CTS NO.472-474, DESAI CROSS,
DESHPANDE NAGAR,
HUBLI-580029.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DTD.12.01.2021, NOTICE TO R1 IS DISPENSED WITH).
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR RECORDS AND MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 22.03.2019 PASSED BY THE
PRL. DISTRICT AND SESSIONS JUDGE AND MACT, AT
RAICHUR IN MVC NO.482/2016.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-K:7886
MFA No. 200579 of 2020
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is by the appellants feeling
aggrieved by the compensation determined by the
Tribunal in MVC No.482/2016. Respondent No.2/Insurance
Company admits its liability. The appeal is purely on
quantum.
2. The claimants filed a claim petition for having
lost one Gopal Swamy in a road traffic accident dated
30.07.2016. The Tribunal discarding the salary proof
adduced by the claimants, notionally assessed the income
of the deceased at Rs.9,000/- per month and determined
compensation of Rs.10,08,000/- under the head of loss of
dependency and a sum of Rs.95,000/- under the
conventional heads. The said award is under challenge.
3. Heard the learned counsel on record. Perused
the material on record.
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4. On re-assessing the material on records, this
Court is of the view that though the Tribunal was justified
in notionally assessing the income of the deceased at
Rs.9,000/- per month, however, erred in not adding future
prospects while determining loss of dependency.
Accepting the notional income assessed by the Tribunal at
Rs.9,000/- per month, if 25% is added towards future
prospects, the income is assessed at Rs.11,250/-. After
deducting 1/3rd, the income is assessed at Rs.7,500/- per
month and by applying a multiplier of 14, the
compensation payable under the head of loss of
dependency works out to Rs.12,60,000/- (Rs.7,500/- x 12
x14). Since there are 3 dependents, under the
conventional heads, Rs.1,50,000/- is awarded. The
accident is of the year 2016 and therefore, 10% escalation
on conventional heads is added, in the light of the
principles laid by the National Insurance Co. Ltd., Vs.
Pranay Sethi1. Accordingly, Rs.30,000/- an additional
(2017) 16 SCC 680
NC: 2024:KHC-K:7886
amount is awarded. The total compensation re-determined
by this Court is Rs.14,40,000/- as against Rs.11,03,000/-.
5. 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.3,37,000/- 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
