Karnataka High Court
Smt. Neelamma And Anr vs Pausuram And Ors on 28 October, 2024
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NC: 2024:KHC-K:7949
MFA No. 200014 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 200014 OF 2020 (MV-D)
BETWEEN:
1. SMT. NEELAMMA
W/O LATE VEERBHDRAPPA
AGE: 48 YEARS
OCC: HOUSEHOLD
2. SRI. MANJUNATH PATIL
S/O LATE VEERBHDRAPPA
AGE: 30 YEARS
OCC: STUDENT
BOTH ARE R/O GONAL VILLAGE
TQ:SINDHANUR, DIST: RAICHUR
...APPELLANTS
(BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE)
Digitally signed
by RENUKA AND:
Location: HIGH
COURT OF
KARNATAKA 1. PAUSURAM
S/O AMARAPPA
AGE:MAJOR
OCC: DRIVER OF NEKRTC
BUS NO.KA-36/F-1227
R/O NEKRTC DEPOT, MASKI
TQ:LINGASUGUR, DIST. RAICHUR-584 122
2. THE DIVISIONAL CONTROLLER
NEKRTC DIVISION OFFICE AT
MANARALAYA ROAD
RAICHUR-584 101
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MFA No. 200014 of 2020
3. WALISAB S/O RAJASAB
DRIVER OF LORRY NO.KA-34/A-4734
R/O CHALUVADI BEEDI
HOSPET, DIST: BELLARY-583 201.
4. THE MANAGER
ANDHARA CEMENT CARRIER
17TH WARD, NEAR CHURCH
KUDUTINI, DIST: BELLARY-583 101.
5. THE MANAGER
NATIONAL INSURANCE CO. LTD.
NEAR GANDHI CHOWK
RAICHUR-584 101.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
R1 - SERVED;
NOTICE TO R3 IS DISPENSED WITH V/O/D 23.01.2024;
R4 - SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND
AWARD DATED 14.08.2019 PASSED BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT SINDHANUR, THE SENIOR CIVIL JUDGE
AND JMFC, SINDHANUR IN MVC NO.197/2016 AND PLEASED
TO ENHANCE THE COMPENSATION, IN THE INTEREST OF
JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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MFA No. 200014 of 2020
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is by the claimants seeking
enhancement of compensation. Both the Corporation and
the Insurance company admit their respective liability.
The appeal is purely on quantum.
2. The claimants have filed a claim petition in
MVC.No.197/2016 for having lost one Veerabhadrappa in a
road traffic accident dated 28.01.2016. The Tribunal in
absence of income proof has assessed the income of the
deceased notionally at Rs.6,000/- and has awarded a sum
of Rs.6,24,000/- under the head 'loss of dependency'. The
Tribunal, in all, awarded total compensation of
Rs.6,84,000/-. The said judgment and award is under
challenge by the claimants.
3. Heard learned counsel for the appellants and
learned counsel appearing for the Corporation. Perused
the material on record.
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4. Though appellants have taken a specific
contention that deceased was aged 47 years and claimed
that he was earning Rs.3,00,000/- from agriculture,
however, no documents are produced to substantiate the
income. In absence of income proof, this Court is of the
view that Tribunal was justified in assessing the income
notionally, but however, the income assessed by the
Tribunal at Rs.6,000/- appears to be on the lower side.
This Court by placing reliance on the income chart issued
by the Legal Services Authority has assessed the income
at Rs.8,750/-. The Tribunal erred in not adding future
prospects. The deceased was aged 47 years and
therefore, 25% has to be added. The income after adding
25% is assessed at Rs.10,937/-. After deducting 1/3rd,
the income is assessed at Rs.7,292/- and by applying
multiplier of 13, the compensation payable under the head
'loss of dependency' works out to Rs.11,37,552/-
(7,292x12x13).
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5. Under conventional heads, a sum of
Rs.1,10,000/- is awarded. The accident is of the year
2016 and therefore, a sum of Rs.22,000/- escalation at
the rate of 10% for every three years is added in terms of
the dictum laid down by the Hon'ble Apex Court in the
case of National Insurance Co. Ltd., vs. Pranay Sethi
and Ors.1. The total compensation re-determined by this
Court works out to Rs.12,69,552/- as against
Rs.6,84,000/- awarded by the Tribunal.
6. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The appeal is allowed in part;
(ii) The judgment and award passed by the
Tribunal in MVC.No.197/2016 is modified;
(iii) The appellants are entitled to enhanced
compensation of Rs.5,85,552/- which shall carry
interest at the rate of 6% per annum from the
date of petition till realization;
2017 ACJ 2700 SC
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(iv) The enhanced compensation shall be
paid jointly by the Corporation as well as the
Insurance Company.
(v) The apportionment shall be made in
terms of the order of the Tribunal;
(vi) The amount in deposit, if any, shall be
remitted to the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
