Karnataka High Court
Thangyamma vs Anil H.M on 5 September, 2024
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NC: 2024:KHC:36434
MFA No. 7940 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 7940 OF 2023 (MV-D)
BETWEEN:
THANGYAMMA,
W/O LATE GANESHA,
AGED ABOUT 46 YEARS,
R/O HANUMANAHALLI VILLAGE,
KUDURU HOBLI, ALUR TALUK,
HASSAN DISTRICT - 573 201.
...APPELLANT
(BY SRI. BYRAREDDY G.S, ADVOCATE FOR;
SMT. KAVITHA H.C, ADVOCATE)
AND:
1. ANIL H.M,
S/O MANJUNATHA,
Digitally
signed by R/O HANUMANAHALLI VILLAGE,
YAMUNA K L KUDURU HOBLI, ALUR TALUK,
Location: High HASSAN DISTRICT - 573 201.
Court of (OWNER OF LORRY BIKE BEARING
Karnataka
REG. NO. KA 13 EP 4631)
2. THE MANAGER,
HDFC ERGO GENERAL INSURANCE CO. LTD.,
REGIONAL OFFICE NO.110, H.M. GENEVA HOUSE,
CUNNINGHYAM ROAD, BANGALORE - 52.
...RESPONDENTS
(BY SRI. H.S. LINGARAJ, ADVOCATE FOR R2;
VIDE ORDER DATED 27.03.2024 NOTICE TO R1
DISPENSED WITH)
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NC: 2024:KHC:36434
MFA No. 7940 of 2023
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 29.08.2023 PASSED IN MVC
NO.1203/2020 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND CJM, HASSAN, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Byrareddy, learned counsel who represents
Smt.Kavitha H.C, learned counsel on record for the
appellant. Also heard Sri.H.S.Lingaraj, learned counsel for
respondent No.2-Insurance Company.
2. This is a claimants appeal. Challenge in this appeal
is the order that is rendered by the Additional Motor
Accidents Claims Tribunal, Hassan in
M.V.C. No.1203/2020 dated 29.08.2023.
3. The mother of the deceased Roopesh (herein after
referred to as 'deceased' for brevity) filed a petition
NC: 2024:KHC:36434
claiming compensation of Rs.30,00,000/- in total, on the
ground that her son died in a road traffic accident. The
tribunal through the impugned order awarded a sum of
Rs.20,42,600/- divided under following heads:-
Heads Amount in Rs.
Loss of dependency 19,65,600-00
Loss of estate 16,500-00
Funeral expenses 16,500-00
Loss of consortium 44,000-00
Total 20,42,600-00
4. Dissatisfied with the amount awarded, the
appellant is before this Court.
5. Arguing the matter, Sri. Byrareddy learned
counsel for appellant submits that the deceased as a
mason was earning Rs.20,000/- per month. However, the
tribunal took the notional income of the deceased as
Rs.13,000/- per month, which is unjustifiable. Learned
counsel submits that the accident occurred in the year
2020 and for the relevant period, the Karnataka State
Legal Services Authority is taking the notional income as
Rs.14,500/- per month for settling the claims and at least
NC: 2024:KHC:36434
the said figure should have been considered by the
tribunal.
6. Sri. H.S.Lingaraj, learned counsel for respondent
No.2 did not raise any objection to take the notional
income of the deceased as Rs.14,500/- per month, as
sought for by the appellant. Also the request made is
justifiable. Therefore, this Court considers desirable to
take the notional income of the deceased as Rs.14,500/-
per month.
7. There is no denial of the fact that the deceased
was aged about 20 years by the date of accident. The
tribunal has rightly applied the required parameters i.e.,
addition of 40% towards future prospects, applying the
appropriate multiplier '18' and deducting 50% of the
earnings of the deceased towards personal and living
expenses as the deceased died as Bachelor. Thus, the
compensation which the appellant is entitled to under the
head loss of dependency is as under:
NC: 2024:KHC:36434
Heads Amount in Rs.
Notional monthly income 14,500-00
Annual income 1,74,000-00
Add 40% towards future 2,43,600-00
prospects
Deduct 50% towards 1,21,800-00
personal and living
expenses
Loss of dependency, on 21,92,400-00
applying the appropriate
multiplier '18'
8. The tribunal through the impugned order awarded
a sum of Rs.19,65,600/- towards loss of dependency.
Thus, the enhancement under the head loss of dependents
will be Rs.2,26,800/- (Rs.21,92,400/--Rs.19,65,600/-).
The tribunal awarded a sum of Rs.16,500/- towards loss of
estate, Rs.16,500/- towards funeral expenses and
Rs.44,000/- towards loss of Consortium. The said grant is
highly justifiable.
9. Thus, in the light of the foregoing discussion, the
appeal is disposed of with the following:-
ORDER
i. The appeal is allowed in part.
NC: 2024:KHC:36434
ii. The compensation that is granted by the Additional
Motor Accidents Claims Tribunal, Hassan, through
orders in M.V.C. No.1203/2020 dated 29.08.2023 is
enhanced by Rs.2,26,800/-.
iii. The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date
of deposit.
iv. The 2nd respondent is directed to deposit the
enhanced sum within a period of eight weeks from
the date of receipt of copy of this order.
v. On such deposit, the appellant is permitted to
withdraw the entire enhanced amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
CT: BHK
