Karnataka High Court
Smt. Parvathi @ Parvathavva W/O. Late ... vs Shri. Mehabood Haji S/O. Mohammad Sab on 28 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:15641-DB
MFA No. 101091 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH 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. 101091 OF 2022 (MV-D)
BETWEEN:
1. SMT. PARVATHI @ PARVATHAVVA
W/O. LATE PARAMESHI,
AGE. 31 YEARS, OCC. HOUSEWIFE,
R/O. UPPI NAYAKANAHALLI,
H.B.HALLI TALUKA, BALLARI DISTRICT,
NOW R/O. BEECHI NAGAR,
KAPPAGAL ROAD, BALLARI.
2. MINOR KAVYA D/O. LATE PARAMESHI,
AGE. 05 YEARS, OCC. NIL,
Digitally signed by R/O. UPPI NAYAKANHALLI,
JAGADISH T R
Location: High H.B.HALLI TALUKA, BALLARI DISTRICT,
Court of Karnataka,
Dharwad Bench
NOW R/O. BEECHI NAGAR, KAPPAGAL ROAD,
BALLARI, (SINCE MINOR REP.BY HER
MOTHER I.E. APPELLANT NO.1).
...APPELLANTS
(BY SRI. D. B. KARIGAR, ADVOCATE)
AND:
1. SHRI. MEHABOOD HAJI S/O. MOHAMMAD SAB,
AGE. MAJOR, OCC. BUSINESS,
R/O. W.NO.7, ASAR GALLI VILLAGE AND POST
VIJAYAPUR DISTRICT.
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MFA No. 101091 of 2022
2. THE DIVISIONAL MANAGER,
M/S. UNITED INDIA INSURANCE CO.LTD.,
PARVATHI NAGAR, MAIN ROAD, BALLARI.
3. SHRI G. CHANNABASAPPA
S/O. LATE SANGANA BASAPPA,
DECEASED, RESPONDENT NO.4 & 5 ARE
LR'S OF RESPONDENT NO.3, WHO ARE
ALREADY ON RECORD.
4. SMT. CHOUDAMMA W/O. CHANNABASAPPA,
AGE. 71 YEARS, OCC. NIL,
R/O. UPPI NAYAKANAHALLI, H.B.HALLI TLAUKA,
BALLARI DISTRICT, NOW R/O. BEECHI NAGAR,
KAPPAGAL ROAD, BALLARI.
5. SHRI. G. MANJUNATHA S/O. CHANNABASAPPA
AGE. 43 YEARS,
R/O. UPPI NAYAKANAHALLI, H.B.HALLI TLAUKA,
BALLARI DISTRICT, NOW R/O. BEECHI NAGAR,
KAPPAGAL ROAD, BALLARI.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R2;
SRI. T. HANUMAREDDY, ADV. FOR R4 & R5;
NOTICE TO R1 DISPENSED WITH; R3-DECEASED)
THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT,
PRAYING TO ALLOW THIS APPEAL AND THEREBY ENHANCE THE
COMPENSATION AMOUNT BY MODIFYING THE JUDGMENT AND
AWARD PASSED BY THE HON'BLE COURT OF SENIOR CIVIL JUDGE
AND MOTOR ACCIDENTS CLAIMS TRIBUNAL-XIII AT
HAGARIBOMMANAHALLI, IN ITS MVC NO.777/2018 DATED
21.10.2019 AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 101091 of 2022
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
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 21.10.2019 passed by the
Senior Civil Judge and MACT-XIII, Hagaribommanahalli, in
MVC No.777/2018.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 23.05.2018, when the deceased-
G. Parameshi @ G. Parameshwara S/o. Channabasappa
along with cleaner was proceeding in Eicher Auto bearing
registration No.KA-35/V-6627 from Lakshmi Poultry Farm,
Uppinayakanahalli to Maharashtra with the load of eggs
and when they reached near Vijayapura Tikota Road,
Tatnapur Cross, near Dati Doni Bridge, Vijayapur, at about
4.00 a.m., in the early morning a Lorry bearing
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registration No.KA-51/AA-6648 came from Hatini to
Vijayapura with great speed in rash and negligent manner
and dashed against the deceased's Eicher goods auto. As
a result the deceased and cleaner have sustained grievous
injuries. Immediately after the accident the injured-
deceased was shifted to Vasudeva Hospital, Vijayapura
and taken treatment as inpatient and during the course of
treatment, he lost his breath.
3. The claimants filed a petition under Section 166
of the Act seeking compensation for the death of the
deceased along with interest.
4. The learned counsel appearing for the claimants
contended that at the time of the accident deceased was
earning Rs.40,000/- per month, but the Tribunal has
assessed notional income of the deceased as Rs.9,000/-
per month, which is on lower side. Secondly he has
contended that in view of judgment of the Hon'ble Apex
Court in the case of MAGMA GENERAL INSURANCE CO.
LTD. -V- NANU RAM [2018 ACJ 2782], claimants are
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entitled Rs.40,000/- each. Hence, he sought for
enhancement of compensation.
5. Per contra, Sri. N. R. Kuppelur, the learned
counsel for the Insurance Company has contended that
even though claimants have claiming that deceased was
earning Rs.40,000/- per month but, they have not
produced document to establish the same. Therefore,
Tribunal has justifying in assessing monthly income of the
deceased as Rs.9,000/- per month. Secondly, he
contended that considering the age and avocation of the
deceased over all compensation awarded by the Tribunal is
just and reasonable. The interest awarded by the Tribunal
at 8% is on highest side and hence, he sought for
dismissal of the appeal.
6. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
7. It is not in dispute that the decease G.
Parameshi @ G. Parameshwara died in the road traffic
accident occurred on 23.05.2018 due to rash and
negligent driving of the offending vehicle by its driver.
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8. Even though claimants are claiming that
deceased was earning Rs.40,000/- per month, but failed to
produce supporting documents to substantiate their claim.
In the absence of proof of income, the notional income has
to be assessed as per the guidelines issued by the
Karnataka State Legal Services Authority, for accidents
occurred in the year 2018, the notional income of the
deceased shall be taken at Rs.11,750/- per month. The
Tribunal has rightly added 40% of the income of the
deceased for future prospects. At the time of the accident,
he was aged about 36 years multiplier applicable to his
age group is '15'. Tribunal has rightly deducted 1/4th of
the income of the deceased for personal expenses.
Accordingly, loss of dependency has been re-assessed as
follows:
Rs.11,750+40%=Rs.16,450/-
Rs.16,450/- deducted 1/4th =
Rs.16450 - 1/4th deducted = Rs.12,337
Rs.12,337x12x15=Rs.22,20,660/- on account of
'loss of dependency'.
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9. In addition, the claimants are entitled to
compensation of Rs.15,000/- on account of 'loss of estate'
and compensation of Rs.15,000/- on account of 'funeral
expenses'. In view of judgment of the Hon'ble Apex Court
in case of 'MAGMA GENERAL INSURANCE' (supra),
claimant No.1, wife of the deceased is entitled for
compensation of Rs.40,000/- under the head of 'loss of
spousal consortium'. Claimant No.2, children of the
deceased is entitled for compensation of Rs.40,000/-
under the head of 'loss of parental consortium' and
claimant Nos.3 and 4, parents of the deceased are entitled
for compensation of Rs.40,000/- each under the head of
'loss of filial consortium'.
1. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 22,20,660
Loss of love and affection 1,00,000
Funeral Expenses 15,000
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Loss of Estate 15,000
Loss of spousal consortium 40,000
Loss of Parental consortium 40,000
Loss of Filial consortium 40,000
Towards Medical expenses Rs.83,705
Total 25,54,365
2. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimants are entitled to a total compensation of
Rs.25,54,365/- as against Rs19,54,705/- awarded
by the Tribunal.
d) The Insurance Company is directed to deposit the
compensation amount along with interest at 6% p.a.
from the date of filing of the claim petition till the
date of realization, within a period of six weeks from
the date of receipt of a copy of this judgment.
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e) The apportionment, deposit and release of amount
shall be made in accordance with the terms of the
award of the Tribunal.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
SMM/ct-an
