Karnataka High Court

G Sudarshan Aliyas Gangavaram ... vs A Arun Kumar S/O D Arumugam on 29 October, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                        MFA No. 105464 of 2023




                                IN THE HIGH COURT OF KARNATAKA,

                                         DHARWAD BENCH

                           DATED THIS THE 29TH 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. 105464 OF 2023 (MV-D)

                   BETWEEN:


                   1.   G. SUDARSHAN @ GANGAVARAM SUDARSHAN
                        S/O. NARASIMHAPPA
                        @ GANGAVARAM NARASIMHALU,
                        AGED ABOUT 37 YEARS, COOLIE.


                   2.   MINOR G. SAI BHARGAV S/O. G. SUDARSHAN
                        @ GANGAVARAM SUDARSHAN,
                        STUDENT, AGED ABOUT 14 YEARS.

Digitally signed
by JAGADISH T
                   3.   MINOR G. YASWANTH S/O. G. SUDARSHAN
R
Location: High          @ GANGAVARAM SUDARSHAN
Court of
Karnataka,
Dharwad Bench           STUDENT, AGED ABOUT 13 YEARS.


                   4.   SMT. K. KANTAMMA W/O. LATE K. SAINATH,
                        AGED ABOUT 52 YEARS, HOUSE WIFE,
                        APPELLANT NO. 2 AND 3 ARE MINORS
                        REP/BY THEIR NATURAL FATHER AND GUARDIAN
                        APPELLANT NO.1 G. SUDARSHAN @
                        GANGAVARAM SUDARSHAN
                        S/O. NARASIMHAPPA @ GANGAVARAM
                        NARASIMHALU, AGED ABOUT 37 YEARS, COOLIE,
                        ALL ARE R/O. P. VENKTAMPALLI VILLAGE,
                        DURADKUNTA POST, ANANTAPURAM DISTRICT,
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                                      MFA No. 105464 of 2023




     PRESENTLY R/O. CHALLGURKI VILLAGE,
     BALLARI TQ. AND DIST. 583101.
                                                 ...APPELLANTS
(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)

AND:

1.   A. ARUN KUMAR S/O. D. ARUMUGAM,
     AGED ABOUT 42 YEARS, DRIVER OF THE LORRY,
     R/O. 7/10, NORTH STREET, MELAKNODAYAMPETTAI,
     THIRUVANAIKOVIL, SRIRANGAM, THIRUCHIRAPALLI,
     TAMILNADU 620005.

2.   SMT. K. MADESWARI W/O. KONDASAMY,
     AGED ABOUT 57 YEARS, OWNER OF THE LORRY,
     R/O. UPPAR CHANDMAR, KOHIMA,
     NAGALAND, NOW 14-A, MURUGAN KOVIL BACK
     SIDE, 6-SANTHU, NGGOS COLONY, NAMAKKAL,
     TAMILNADU 637001.

3.   THE DIVISIONAL MANAGER,
     THE NEW INDIA ASSURANCE COMAPNY LTD.
     EDIGA HOSTEL COMPLEX BALLARI 583101.
                                               ...RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV. FOR R3;
     NOTICE TO R1 & R2 DISPENSED WITH)


       THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN MVC
NO.829/2021 DATED 21.07.2023 ON THE FILE OF 1ST ADDL SENIOR
CIVIL JUDGE AND MEMBER MACT-11TH AT BALLARI AND MODIFIED
AND ENHANCE THE COMPENSATION IN MVC NO.829/2021 DATED
21.07.2023 ON FILE OF 1ST ADDL. SENIOR CIVIL JUDGE AND
MEMBER MACT-11TH AT BALLARI SITTING AT SIRUGUPPA, IN THE
INTEREST OF JUSTICE AND EQUITY.


       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                            NC: 2024:KHC-D:15800-DB
                                            MFA No. 105464 of 2023




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 VENKATESH NAIK T)

This appeal is filed by the claimants aggrieved by the

judgment and award dated 21.07.2023 passed in M.V.C.

No.829/2021 on the file of the learned I Addl. Senior Civil

Judge and Member, MACT-XI, Ballari1, whereby the Tribunal

awarded a sum of Rs.14,14,000/- as compensation.

2. For the sake of convenience, the parties are

referred to as per their rankings before the Tribunal.

3. Brief facts of the claimants' case before the Tribunal

are as under:

The claimants filed a claim petition under Section 166 of

the Motor Vehicles Act, 1988 before the Tribunal seeking

compensation on account of death of Smt. G. Bajjamma @

Ganavaram Bojjamma in a road traffic accident that occurred

on 13.09.2021, when the deceased after completion of her

work at Kalayanadurgam, along with her husband by name

'Tribunal' for short

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Sudarshan were proceeding on a motorcycle bearing

registration No.AP-02/BU-8934 from Kalyanadurgam towards

their village. The deceased was a pillion rider in the said

motorcycle and her husband was riding the motorcycle with

slowly, cautiously and on proper side of the road at about 9.20

p.m.; when they were proceeding near Kollapuramma Temple,

Hindupur road, Kalyanadurgam town, at that relevant time, one

Lorry bearing registration No.NL-01/AA-8444 came from hind

side in a rash and negligent manner, dashed to the motorcycle

and hence, the deceased fell down from the motorcycle, as a

result of which, the lorry ran over the deceased. Due to the

said impact, the deceased sustained grievous injuries and died

at Kalayanadurgam Govt. Hospital. The deceased Bajjamma

was aged about 28 years, doing coolie work and earning a sum

of Rs.20,000/- per month from her avocation and used to

contribute the same towards maintenance of her family.

Hence, the claimants filed claim petition before the Tribunal on

various grounds.

4. After service of notice before the Tribunal, the

respondent/Insurer resisted the claim petition by filing written

statement and denied all averments made in the claim petition.

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5. The Tribunal considering the evidence on record at

Exs.P1 to P13, oral evidence of PW1 and PW2, granted total

compensation of Rs.14,14,000/- with interest at 6% per annum

from the date of petition till its realization.

6. Learned counsel for the appellants/claimants

submits that the Tribunal committed an error in assessing the

income of the deceased at Rs.8,000/- per month, inasmuch as

the deceased was doing coolie work and earning a sum of

Rs.20,000/- per month. The Tribunal has not considered future

prospects while assessing income of the deceased. He further

submitted that the compensation awarded by the Tribunal

under the conventional heads is also on the lower side. Thus,

he prays for allowing the appeal by enhancing the

compensation reasonably.

7. Per contra, learned counsel for the

respondent/insurer supports the impugned judgment and

award of the Tribunal and submits that considering the oral and

documentary evidence on record, the Tribunal awarded just

and reasonable compensation under each heads, which does

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not call for interference at the hands of this Court. Thus, he

prays for dismissal of the appeal.

8. Heard the learned counsel for the parties and

perused the impugned judgment and award of the Tribunal.

9. As there is no dispute with regard to death of

deceased Bajjamma, who died in a road traffic that accident

occurred on 13.09.2021 due to rash and negligent driving of

driver of lorry bearing registration No.NL-01/AA-8444 and

liability of the insurer of the offending vehicle, the only point

that would arise for our consideration in this appeal is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"

10. After hearing the learned counsel for the parties

and on perusal of the judgment and award of the Tribunal, we

are of the considered view that the compensation awarded by

the Tribunal is not just and reasonable and same requires to be

enhanced.

11. The claimants have stated that the deceased was

earning a sum of Rs.20,000/- per month by doing coolie work.

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However, they have not produced any document to prove that

the deceased was earning a sum of Rs.20,000/- per month. The

Tribunal assessed the notional income of the deceased at

Rs.8,000/- per month, which in our view is on the meager side.

The accident is of the year 2021. No documentary evidence is

placed on record with regard to income of the deceased. In the

absence of any proof of income, taking note of Circular issued

by the Karnataka State Legal Services Authority as well as High

Court Legal Services Committee, Dharwad, we deem it

appropriate to re-assess the notional income of the deceased at

Rs.14,250/- per month.

12. The deceased was aged about 28 years at the time

of the accident. The respondents have not disputed this aspect.

As per decision of the Hon'ble Apex Court in the case of Sarala

Verma & Others Vs. Delhi Transport Corporation &

Another2, multiplier applicable to the age of the deceased is

'17'.

13. The deceased died leaving behind her husband,

children and mother and therefore, appropriate deduction

towards personal expenses of the deceased would be 1/4th.

2009 ACJ 1298

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14. The Tribunal has committed an error in not

considering the future prospects of the deceased. In terms of

decision of the Hon'ble Apex Court in the case of National

Insurance Company Limited Vs. Pranay Sethi & Others3,

wherever the deceased was a self-employed and aged below 40

years, the claimants would be entitled to addition of 40% of the

assessed income towards future prospects. In the instant case,

the deceased was aged about 28 years at the time of the

accident. Hence, the claimants are entitled to addition of 40%

of the assessed income towards future prospects of the

deceased. Thus, loss of dependency is reckoned as under:

Rs.14,250 + 40% (Rs.5,700) = 19,950 x ¼ = Rs.4987.5

Rs.19,950-Rs.4987.5=Rs.14962.5 x 12 x 17 = Rs.30,52,350

15. As per the dictum of the Hon'ble Apex Court in the

case of Magma General Insurance Company Limited Vs

Nanu Ram @ Churu Ram & Others4 and Pranay Sethi

supra, the claimants are entitled to Rs.44,000/- each towards

loss of consortium, Rs.16,500/- towards loss of estate and

Rs.16,500/- towards funeral expenses including 10%

(2017) 16 SCC 680

2018 (18) SCC 130

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escalation. Thus, in all, the claimants are entitled to modified

compensation as under:

     Loss of dependency                          Rs.30,52,350/-
     Loss of consortium (Rs.44000x4)             Rs. 1,76,000/-
     Loss of estate                              Rs. 16,500/-
     Funeral expenses                            Rs. 16,500/-
                                                 ------------------
                   Total                         Rs.32,61,350/-
                                                 ------------------
     16.   Thus,     the   claimants   are    entitled      to   total

compensation of Rs.32,61,350/- as against Rs.14,14,000/-

awarded by the Tribunal.

17. In the result, we pass the following:

ORDER

a) The appeal filed by the claimants is allowed

in part.

b) The impugned judgment and award of the

Tribunal is modified to an extent that the

claimants are entitled to total compensation

of Rs.32,61,350/- as against

Rs.14,14,000/- awarded by the Tribunal.