Karnataka High Court
Kum Anish And Ors vs Yamanappa And Anr on 20 March, 2025
Author: K Natarajan
Bench: K Natarajan
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NC: 2025:KHC-K:1770-DB
MFA No. 200507 of 2022
C/W MFA No. 200595 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE K NATARAJAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCL. FIRST APPEAL NO.200507 OF 2022 (MV-D)
C/W
MISCL. FIRST APPEAL NO.200595 OF 2022(MV-D)
IN MFA NO.200507/2022:
BETWEEN:
1. KUM. ANISH S/O ANAND SALAKKI,
AGE: 19 YEARS, OCC: STUDENT,
R/O BANZARA COLONY, SOLAPUR ROAD,
VIJAYAPUR-586101.
2. KUM. AMOG S/O ANAND SALAKKI,
Digitally signed
by NIJAMUDDIN AGE: 21 YEARS, OCC:NIL,
JAMKHANDI R/O BANZARA COLONY, SOLAPUR ROAD,
Location: HIGH VIJAYAPUR-586101.
COURT OF
KARNATAKA
3. BORAMMA W/O AMARAPPA SALAKKI,
AGE: 70 YEARS, OCC: NIL,
R/O BANZARA COLONY,
SOLAPUR ROAD,
VIJAYAPUR-586101.
...APPELLANTS
(BY SRI BABU H METAGUDDA, ADVOCATE)
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MFA No. 200507 of 2022
C/W MFA No. 200595 of 2022
AND:
1. YAMANAPPA
S/O PEERAPPA LAMANI,
AGE: 57 YEARS, OCC: OWNER OF THE VEHICLE,
R/O SARUR LT, TQ. MUDDEBIHAL,
DIST. VIJAYAPUR (BIJAPUR)-586212
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO.LTD,
S.S. FRONT ROAD, BIJAPUR,
DIST. VIJAYAPUR-586101.
...RESPONDENTS
(V/O DATED 07.02.2023 NOTICE TO R1 IS DISPENSED WITH;
SRI SUDARSHAN M., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO CALL FOR THE
RECORDS AND TO ENHANCE THE COMPENSATION AND AWARD
COMPENSATION AS CLAIMED BY THE APPELLANTS BY
MODIFYING AWARD DATED 25.04.2012, IN MVC NO.
1325/2009 PASSED BY THE MACT-V AT VIJAYAPUR (BIJAPUR).
MFA NO.200595 OF 2022:
BETWEEN:
1. KUM. ANISH
S/O ANAND SALAKKI,
AGE: 19 YEARS, OCC: STUDENT,
R/O BANZARA COLONY, SOALPUR ROAD,
VIJAYAPUR-586101.
2. KUM. AMOG S/O ANAND SALAKKI,
AGE: 21 YEARS, OCC: NIL,
R/O BANZARA COLONY,
SOALPUR ROAD, VIJAYAPUR-586101.
3. BORAMMA W/O AMARAPPA SALAKKI,
AGE: 70 YEARS, OCC: NIL,
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NC: 2025:KHC-K:1770-DB
MFA No. 200507 of 2022
C/W MFA No. 200595 of 2022
R/O BANZARA COLONY,
SOALPUR ROAD,
VIJAYAPUR-586101.
...APPELLANTS
(BY SRI BABU H. METAGUDDA, ADVOCATE)
AND:
1. YAMANAPPA
S/O PEERAPPA LAMANI,
AGE: 57 YEARS, OCC: OWNER OF THE VEHICLE,
R/O SARUR LT, TQ. MUDDEBIHAL,
DIST. VIJAYPUR (BIJAPUR)-586212.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO.LTD,
S.S FRONT ROAD, BIJAPUR,
DIST.VIJAYAPUR-586101.
...RESPONDENTS
(V/O DATED 20.09.2022 NOTICE TO R-1 IS DISPENSED WITH
BY SRI SUDARSHAN M, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO CALL FOR THE
RECORDS AND TO ENHANCE THE COMPENSATION AND AWARD
COMPENSATION AS CLAIMED BY THE APPELLANTS BY
MODIFYING THE AWARD DATED 25.04.2012 IN MVC
NO.1323/2009 PASSED BY THE MACT-V, VIJAYAPUR
(BIJAPUR).
THESE APPEALS, COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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MFA No. 200507 of 2022
C/W MFA No. 200595 of 2022
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
MFA No.200507/2022 is filed challenging the
judgment and award dated 25.04.2012 in MVC
No.1325/2009 and MFA No.200595/2022 is filed
challenging the judgment and award dated 25.04.2012
passed in MVC No.1323/2009 by the MACT No.V.
Vijayapur.
2. Heard Sri Babu H. Metagudda, learned counsel
for the appellants and Sri Sudarshan M., learned counsel
for respondent No.2 - Insurance Company.
3. Sri Babu H. Metagudda, learned counsel
appearing for the appellants in both the cases submits that
the Tribunal has erred in not awarding compensation
under the head of loss of future prospects, the award of
compensation under the heads of loss of consortium and
conventional heads is also on lower side. It is submitted
the appellant Nos.1 and 2 were minors in both the cases
before the Tribunal and now they have attained the age of
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majority. Hence, the impugned judgment is required to be
modified insofar as deposit is concerned. He seeks to allow
the appeal.
4. Per contra, Sri Sudarshan M., learned counsel
appearing for respondent No.2 - Insurance Company
supports the impugned judgment and award of the
Tribunal and seeks to dismiss the appeals.
5. We have heard the arguments of both the sides
and perused the material available on record. The only
point that would arises for our consideration is:
"Whether the claimants/appellants are
entitled for an addition of 40% of the assessed
income under the head of loss of future
prospects along with modification under other
heads?"
6. The parties to the proceedings do not dispute
that in a road traffic accident that occurred on 20.06.2009,
the parents of appellant Nos.1 and 2 and a son and a
daughter-in-law of the appellant No.3 sustained grievous
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injuries and died in the said accident. The liability of the
respondent - Insurance Company is also not in dispute.
7. The Tribunal has erred in not awarding
compensation to the appellants under the head of loss of
future prospects of the deceased in both the cases. The
Hon'ble Apex Court in the case of National Insurance
Co. Ltd. Vs. Pranay Sethi and others1 held that the
claimants are entitled for an addition of 40% of assessed
income towards the loss of future prospects. In view of the
aforesaid enunciation of law, the appellant claimants are
entitled to an addition of 40% of the assessed income
towards the loss of future prospects of the deceased in
assessing the loss of dependency.
8. The Tribunal has also erred in awarding
compensation under the head of loss of consortium as held
by the Hon'ble Apex Court in the case of Magma General
Insurance Company Limited vs. Nanuram alias Chuhru
AIR 2017 SC 5157
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Ram & others2, each of the claimants are entitled to
Rs.40,000/ under the head of loss of consortium.
Similarly, the appellants in both the appeals are entitled to
Rs.15,000/- under the head of loss of estate and
Rs.15,000/- under the head of transportation of dead body
and funeral expenses. The enhanced compensation
amount carries an interest at the rate of 6% per annum
from the date of petition till realization of the said amount.
Insofar as other findings and assessment of the
compensation by the Tribunal is concerned, the same
remains unaltered.
9. Accordingly, both the appeals are required to be
allowed with aforesaid modifications. The compensation is
re-determined as under:
In MFA No.200507/2022:
Computation of loss of dependency
Description Amount
Annual Income Rs.3,00,000.00
Addition to such income at the
rate 40% towards future Rs.1,20,000.00
prospects
2018 ACJ 2782
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Annual Income with the addition Rs.4,20,000.00
towards future prospects
Deduction of 1/3rd towards
Rs.1,40,000.00
personal expenses
Annual Income with addition of
future prospects and deduction Rs.2,80,000.00
towards personal expenses
Loss of Dependency Rs.42,00,000.00
The computation of enhancement:
Description Amount
Loss of dependency Rs.42,00,000.00
Loss of consortium
(Rs.40,000 x 3) Rs.1,20,000.00
Loss of estate Rs.15,000.00
Funeral expenses Rs.15,000.00
Total Rs.43,50,000.00
Award of the Tribunal Rs.30,85,000.00
Enhanced Compensation Rs.12,65,000.00
In MFA No.200595/2022:
Computation of loss of dependency
Description Amount
Annual Income Rs.2,50,000.00
Addition to such income at the
rate 40% towards future Rs.1,00,000.00
prospects
Annual Income with the addition Rs.3,50,000.00
towards future prospects
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Deduction of 1/3rd towards
Rs.1,16,667.00
personal expenses
Annual Income with addition of
future prospects and deduction Rs.2,33,333.00
towards personal expenses
Loss of Dependency Rs.34,99,995.00
Rounded off Rs.35,00,000.00
The computation of enhancement:
Description Amount
Loss of dependency Rs.35,00,000.00
Loss of consortium
(Rs.40,000 x 3) Rs.1,20,000.00
Loss of estate Rs.15,000.00
Funeral expenses Rs.15,000.00
Total Rs.36,50,000.00
Award of the Tribunal Rs.25,55,000.00
Enhanced Compensation Rs.10,95,000.00
10. In view of aforementioned reasons, we proceed
to pass the following:
ORDER
(i) The appeals are allowed.
(ii) The appellants in MFA No.200507/2022 are
entitled for an enhanced compensation of
Rs.12,65,000/- and in MFA No.200595/
2022 for Rs.10,95,000/-.
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(iii) The aforesaid compensation amount carries
interest at the rate of 6% per annum from
the date of petition till the date of payment.
(iv) The compensation amount shall be
deposited by the respondent - Insurance
Company within a period of eight weeks.
(v) In both the appeals, 50% of the
compensation amount shall be released to
the appellants and remaining 50% shall be
deposited in the name of the appellants in
fixed deposit in any nationalized bank for a
period of three years.
(vi) It is made clear that the appellants in both
the appeals are not entitled for any interest
for the delayed period of 2880 days as per
the order of this Court dated 06.02.2024.
Sd/-
(K NATARAJAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
SWK
CT:SI
