Partly allowed

Smt. Sharanamma S/O Sayappa Agasar Ors. v. Chennayya Swami S/O Shantayya Swami Ors.

Karnataka HC27 Oct 2014MFA/31281/2012

Case brief

AI extract

What is this about?

In a Miscellaneous First Appeal against a Motor Vehicles accident award, the single-judge bench enhanced the compensation granted to the surviving family members of the deceased, awarding an additional sum for loss of dependency, loss of consortium, loss of love and affection, and funeral expenses with interest.

What did the court decide?

Appellants entitled to Rs. 1,02,000/- towards loss of dependency, consortium, love and affection and funeral expenses with interest at 9% per annum.

Smt. Sharanamma S/O Sayappa Agasar Ors. Vs Chennayya… — Motor Accident Claims | Karnataka HC (2014)

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MFA NO.31281/2012

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IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH

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DATED THIS THE 27^TH DAY OF OCTOBER, 2014

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BEFORE:

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL No.31281 OF 2012 (MV)

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BETWEEN

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SMT. SHARANAMMA S/O SAYAPPA AGASAR AGE: 44 YEARS, OCC: HOUSEHOLD

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MOGALAPPA S/O LATE SAYAPPA AGASAR AGE: 27 YEARS, OCC: STUDENT

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SIDDAPPA S/O SAYAPPA AGASAR AGE: 22 YEARS, OCC: AGRICULTURE

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KUM. SAVITRAMMA D/O LATE SAYAPPA AGASAR AGE: 15 YEARS, MINOR U/G OF PETITIONER NO.1

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ALL RESIDENT OF SEDAM NOW R/AT JAGAT AREA, UPPER LANE H.NO.2-402, GULBARGA-585103

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... APPELLANTS

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(BY SRI. R.S. PATIL, ADV.)

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AND

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CHENNAYYA SWAMI S/O SHANTAYYA SWAMI AGE: 32 YEARS, OCC: DRIVER OF TRACTOR R/O GAJARKOT, TQ. YADGIR, DIST. GULBARGA-585201

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MFA NO.31281/2012

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SMT. SHARANAMMA W/O HANUM REDDY AGE: 49 YEARS, OCC: OWNER OF TRACTOR REG NO. KA-33-T5289-90 R/O CHAPETLA, TQ. YADGIR DIST. GULBARGA-585201

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UNITE INDIA INSURANCE CO.LTD., THROUGH ITS DIVISIONAL MANAGAER DIVISION OFFICE, JAWALI COMPLEX SUPER MARKET, GULBARGA-585103

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... RESPONDENTS

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(BY SRI. J. AUGUSTIN, ADV.FOR R3, NOTICE TO R1 AND R2 DISPENSED WITH V/O. 09.10.2014)

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THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT: 01.09.2010 PASSED IN MVC NO: 430/2008 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN) & M.A.C.T. AT GULBARGA, PARTLY ALLOWING THE CLAIM PETITION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Though the matter is listed for admission, with

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the consent of learned counsel for both the parties,

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it is taken up for final hearing and is being disposed of by this judgment.

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The appellants dissatisfied with the

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quantum of compensation granted by the tribunal for

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MFA NO.31281/2012

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the death of Sayappa, in a motor vehicle accident, have filed this appeal, seeking enhancement.

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The facts reveal that on 07.11.2007, the

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deceased (Sayappa) was travelling in a jeep, at that time a tractor bearing registration No.KA-33/T5289/5290 driven in a rash and negligent manner, came from the opposite direction and hit the jeep. Thereby, the deceased sustained severe injuries and died on the spot. His wife and children made a claim for compensation towards loss of dependency and other conventional heads.

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The tribunal having held that the driver

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of the tractor was rash and negligent in driving the vehicle, granted a sum of Rs.4,13,000/as compensation on all the heads. Dissatisfied with the award of compensation, the present is filed.

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Heard learned counsel for both the

parties.

MFA NO.31281/2012

6. Learned counsel for appellants submit that

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the compensation awarded is on the lower side and

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the income has to be taken at Rs.4,000/- per month.

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On the other hand, learned counsel for respondent insurer supports the judgment and award and submits that the tribunal has granted reasonable compensation.

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The deceased (Sayappa) was 45 years old at the time of the accident. He was working as an agriculturist. The tribunal has considered his income at Rs.3,000/- per month. Taking into consideration the year of the accident, the income of the labours is accepted by the parties in the Lok Adalat would be Rs.3,750/- per month. Accepting Rs.3.750/- income per month and deducting 1/3^rd towards personal expenses of the deceased, the compensation towards loss of dependency would be (3750-1/3^rd x12x14)=Rs.4,20,000/-. Deducting a sum of Rs.3,78,000/awarded by the tribunal, the

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MFA NO.31281/2012

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appellants are entitled to a sum of Rs.42,000/towards loss of dependency.

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The wife of the deceased was 40 years old at

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the time of the accident. She has children and there are no chances of her remarriage. Therefore, an additional sum of Rs.30,000/- is awarded towards loss of consortium. Further a sum of Rs.20,000/would be payable towards loss of love and affection. The tribunal has awarded only Rs.5,000/- towards funeral expenses hence, an additional sum of Rs.10,000/- is awarded on this head. Thus, the appellants are entitled to total compensation as follows:

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Towards loss of dependency Rs. 42,000/Towards loss of consortium Rs. 30,000/Towards loss of love and Affection Rs. 20,000/Towards funeral expenses Rs. 10,000/Total Rs.1,02,000/-

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MFA NO.31281/2012

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Thus, the appellants are entitled for a sum of

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Rs.1,02,000/- with interest at 6% per annum.

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In the circumstances, the appeal is

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allowed in part. The appellants are entitled to compensation of Rs.1,02,000/- with interest at 9% per annum from the date petition till its payment in addition to the amount awarded by the tribunal. The formula adopted by the tribunal for payment to each of the appellants shall be followed.

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Sd/-

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JUDGE.

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Srt

Smt. Sharanamma S/O Sayappa Agasar Ors. v. Chennayya Swami S/O Shantayya Swami Ors.

Case brief

What is this about?

What did the court decide?

Smt. Sharanamma S/O Sayappa Agasar Ors. v. Chennayya Swami S/O Shantayya Swami Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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