Karnataka High Court
Yashodamma vs Basavaraja on 8 January, 2025
-1-
NC: 2025:KHC:624-DB
MFA No. 8908/2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 8908/2015 (MV-D)
BETWEEN:
1. YASHODAMMA
W/O LATE BASAVARAJAPPA A
AGED ABOUT 40 YEARS,
OCCU: HOUSEHOLD WORK,
R/O INDUVALLI VILLAGE,
SORAB TALUK, SHIMOGA DISTRICT - 577 429.
2. DARSHAN A B
S/O LATE BASAVARAJAPPA A
AGED ABOUT 21 YEARS,
R/O INDUVALLI VILLAGE,
SORAB TALUK, SHIMOGA DISTRICT - 577 429.
Digitally signed
by NIRMALA 3. HUCHAMMA
DEVI W/O LATE HANUMANTHAPPA
Location: AGED ABOUT 74 YEARS,
HIGH COURT OCC: HOUSEHOLD WORK,
OF R/O INDUVALLI VILLAGE,
KARNATAKA SORAB TALUK, SHIMOGA DISTRICT - 577 429.
...APPELLANTS
(BY SRI. R V JAYAPRAKASH .,ADVOCATE)
AND:
1. BASAVARAJA
S/O KALLAPPA,
AGED ABOUT 28 YEARS,
OCCU: DRIVER,
R/O NALLIKOPPA VILLAGE,
-2-
NC: 2025:KHC:624-DB
MFA No. 8908/2015
ANVATTI HOBLI,
SORAB TALUK, SHIMOGA DISTRICT - 577 429.
2. AGADI ASHOKA
S/O KRISHNAMURTHY,
AGED ABOUT 63 YEARS,
OWNER OF MOTOR VEHICLE,
ADITYA GAS DISTRIBUTOR,
HALE POST KERI, SHIRALAKOPPA,
SHIKARIPUR TALUK,
SHIMOGA DISTRICT - 577 428
(OWNER OF LORRY BEARING NO. KA 15 6274)
3. DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
J.C.ROAD, SORAB TOWN,
SHIMOGA DISTRICT - 577 429.
...RESPONDENTS
(BY SRI. GURUPRASDA B R, ADVOCATE FOR R1 & R2
SRI. ANUP SEETHARAMA RAO, ADVOCATE FOR R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.08.2015 PASSED IN MVC
NO.22/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
ADDITIONAL MACT-XIII, SORAB, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
and
HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE C.M. POONACHA)
The present appeal is filed by the claimants challenging
the judgment and award dated 24.08.2015 passed in MVC
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No.22/2013 by the Senior Civil Judge and Additional MACT-XIII,
Sorab1 seeking enhancement of the compensation.
2. The parties will be referred to as per their ranks
before the Tribunal for the sake of convenience.
3. The appellants/claimants instituted the claim
proceedings, claiming compensation for the death of one
Basavarajappa2 in a road traffic accident which occurred on
14.02.2012. It is the case of the claimants that when the
deceased was proceeding on his motorcycle along with his son
from his hometown Induvalli village to Shiralakoppa when they
reached near Chikkasavi Rathnakatte lake, a lorry bearing
registration No.KA-15-6274 being driven in a rash and
negligent manner came and hit the motorcycle causing the
accident in question wherein the deceased died on the spot.
The wife, son and mother of the deceased instituted claim
proceedings arraying the driver, owner and insurer of the lorry
as respondents in the claim proceedings. The owner and insurer
of the lorry contested the claim proceedings.
Hereinafter referred to as the 'Tribunal'
Hereinafter referred to as the 'deceased'
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4. The Tribunal by its judgment and award dated
24.08.2015, has awarded a total compensation of `5,01,000/-
and ordered that the 3rd respondent / insurer shall pay the
compensation awarded. Being aggrieved, the claimants have
preferred the above appeal seeking for enhancement of
compensation.
5. The finding of the Tribunal on negligence and
liability have not been challenged and have attained finality.
Hence, only the aspect regarding to the quantum of
compensation is adjudicated in the present appeal.
6. This Court by order dated 05.12.2023 had directed
the Tribunal to record the evidence of the employer of the
deceased with regard to the income of the deceased, pursuant
to which, the Tribunal has recorded the testimony of PW.3 and
the same has been sent to this Court.
7. It is forthcoming that the deceased was aged 49
years as on the date of the accident. The deceased was
employed with the Indian Army. Subsequently, he has taken
up an another employment. His employer - PW3 has deposed
regarding his income and Ex.P.18 to Ex.P.21 have been marked
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with regard to the income of the deceased. Ex.P.18 discloses
that the basic pay of the deceased at the time of accident was
`11,700/-, D.A. was `8,132/- and HRA `702/-. Hence, total
income of the deceased was `20,534/-. A sum of `1,200/- was
deducted towards Professional Tax and Income Tax.
Accordingly, the net income of the deceased is re-assessed
`19,334/-. 30% is required to be added towards 'future
prospects' in terms of the judgment of the Hon'ble Supreme
Court in the case of National Insurance Co. Ltd. Vs. Pranay
Sethi3 and 1/3rd of his income to be deducted towards personal
expenses. Since the age of the claimant was 49 years at the
time of accident, the Tribunal has applied the multiplier '13'
which is just and proper. Hence, the income for the purpose of
assessing 'loss of dependency' is re-assessed as `19,334/- +
`5,800/- = `25,134/- - 1/3rd = `16,756/-. Hence, 'loss of
dependency' is re-assessed as (`16,756 x 12 x 13)
`26,13,936/-.
8. Having regard to the number of claimants, loss of
consortium is required to be awarded, having regard to the
judgment of the Hon'ble Supreme Court in the case of Magma
(2017) 16 SCC 680
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General Insurance Co. Limited Vs. Nanu Ram & Others4
and accordingly, loss of consortium is awarded as (`44,000 x 3)
`1,32,000/-.
9. Loss of Estate and funeral expenses is required to
be awarded in a sum of `16,500/- on each head.
10. In view of the aforementioned, the compensation is
re-assessed as follows:
Sl.No. Heads Amount awarded Amount awarded
by the Tribunal (`) by this Court (`)
1. Loss of 396000.00 2613936.00
dependency
2. Loss of love and 30000.00 00.00
affection
3. Loss of estate 30000.00 16500.00
4. Funeral expenses 20000.00 16500.00
dead body
6. Loss of consortium 20000.00 132000.00
Total 501000.00 2778936.00
11. The compensation is required to be enhanced by
(`27,78,936/- - `5,01,000/-) = `22,77,936/- with interest @
6% per annum.
2018 ACJ 2782
NC: 2025:KHC:624-DB
12. Hence, the following:
ORDER
i. The appeal is partly allowed;
ii. Claimants are held entitled to enhanced
compensation of `22,77,936/- with interest
thereon at 6% p.a. from the date of petition
till its realization in addition to the
compensation awarded by the Tribunal;
iii. Respondent No.3/Insurer shall deposit the
enhanced compensation before the Tribunal
within four weeks from the date of receipt of
copy of this order;
iv. Award of the Tribunal with regard to
apportionment and investment is maintained;
v. Registry shall transmit the records to the
Tribunal forthwith.
Sd/-
(K.S.MUDAGAL)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
BS
