Partly allowed

Gopal S/O Shantappa Ankalikar @ Anakalagi v. Baburay S/O Sangappa Biradar and Anr.

Karnataka HC3 Jan 2014MFA/31497/2012

Case brief

AI extract

What is this about?

The High Court enhanced compensation awarded in three motor accident claims cases by increasing the income assessment of the deceased and injured from Rs.3,000 to Rs.4,500 per month and adjusting deductions, granting additional amounts for loss of dependency and future disability.

What did the court decide?

Appellants in two death cases entitled to enhancement of Rs.2,24,000 each; appellant in injury case entitled to enhancement of Rs.5,40,000.

Gopal S/O Shantappa Ankalikar @ Anakalagi Vs Baburay… — Motor Accident Claims | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA

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GULBARGA BENCH

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DATED THIS THE 03^RD DAY OF JANUARY 2014

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BEFORE:

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

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MFA NO. 31498 OF 2012 (MV)

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C/W

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MFA NO. 31497 OF 2012 (MV)

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AND

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MFA NO. 31496 OF 2012 (MV)

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MFA NO. 31498 OF 2012 (MV)

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BETWEEN:

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Gurubasappa S/o Amagonda Biradar @ Keliginamani Aged about 63 years, Occ: Nil

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Shantabai W/o Gurappa Biradar Aged about 58 years, Occ: Nil

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Padmavati W/o Amagonda Biradar @ Keliginamani Aged about 28 years Occ: Household work

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Laxmi

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D/o Amagonda Biradar @ Keliginamani Aged: 08 years M/G by Appellant No.3

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All are R/o Keerti Nagar, Bijapur – 586 101.

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… Appellants

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[By Sri. Sanganagouda V. Biradar, Advocate for M/s. Chetana Associates)

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AND:

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Baburay S/o Sangappa Biradar, Aged about 48 years, Occ: Business, R/o Near Udapi Hotel, Zalaki, Tq. Indi, Dist. Bijapur – 586 101.

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The Branch Manager, New India Ins. Co.Ltd., Bijapur – 586 101. Policy No. 670906/31/08/02/ 00002340. (Valid from 20.09.2008 to 19.09.2009)

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… Respondents

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(Smt. Shashikala Jahagirdar, Advocate for R-2; Notice to R1 D/W V/O Dtd. 04.07.2013)

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This appeal is filed U/S 173(1) of M.V. Act against the judgement and award dated 09.01.2012 passed in MVC No.1007/2009 on the file of the Motor Accident Claims Tribunal and Fast Track Court-I/II Bijapur, partly allowing the claim petition and seeking enhancement of compensation.

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MFA NO. 31497 OF 2012 (MV)

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BETWEEN:

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Gopal S/o Shantappa Ankalikar @ Ankalagi, Aged about 36 years, Occ: Agriculture, R/o Keerti Nagar, Bijapur – 586 101.

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… Appellant

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[By Sri. Sanganagouda V. Biradar, Advocate)

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AND:

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Baburay S/o Sangappa Biradar, Aged about 48 years, Occ: Business, R/o Near Udupi Hotel, Zalaki, Tq. Indi, Dist. Bijapur – 586 101.

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The Branch Manager, New India Ins. Co. Ltd., Bijapur – 586 101. Policy No.670906/31/08/02/ 00002340. (Valid from 20.09.2008 to 19.09.2009) … Respondents

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(Smt. Shashikala Jahagirdar, Advocate for R-2; R1 - served)

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This appeal is filed U/S 173(1) of M.V. Act against the judgement and award dated 09.01.2012 passed in MVC No.1017/2009 on the file of the Motor Accident Claims Tribunal and Fast Track Court-I/II Bijapur, partly allowing the claim petition and seeking enhancement of compensation.

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MFA NO. 31496 OF 2012 (MV)

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BETWEEN:

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Gangabai W/o Shankar Shendagi, Aged about 59 years, Occ: Nil.

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Shobha W/o Malakari Shendagi Aged about 28 years, Occ: Household work

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Seetisidda D/o Malakari Shedagi, Aged about 08 years, M/G by Appellant No.2.

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All are R/o Keerti Nagar, Bijapur

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… Appellants

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[By Sri. Sanganagouda V. Biradar, Advocate for M/s. Chetana Associates)

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AND:

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Baburay S/o Sangappa Biradar, Aged about 48 years, Occ: Business, R/o Near Udapi Hotel, Zalaki, Tq. Indi, Dist. Bijapur.

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The Branch Manager, New India Ins. Co. Ltd., Bijapur. Policy No.670906/31/08/02/ 00002340. (Valid from 20.09.2008 to 19.09.2009)

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… Respondents

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(Smt. Shashikala Jahagirdar, Advocate for R-2; Notice to R1 D/W V/O Dtd. 05.07.2013)

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This appeal is filed U/S 173(1) of M.V. Act against the judgement and award dated 09.01.2012 passed in MVC No.1009/2009 on the file of the Motor Accident Claims Tribunal and Fast Track Court-I/II Bijapur, partly allowing the claim petition and seeking enhancement of compensation.

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These appeals coming for admission this day, the Court delivered the following:

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JUDGEMENT

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Dissatisfied with the amount of compensation awarded by the Tribunal, the appellants have approached this Court in appeal seeking enhancement.

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The facts reveal that on 18.03.2009, Amagonda (deceased) was riding the motorcycle bearing registration No. KA.27/K.3643, whereas Malakari (deceased) and Gopal (injured) were the pillion riders. Near Zalaki High School on the national highway, the tractor bearing registration No.TN.28.6910 came from the opposite direction in rash and negligent manner and hit the motorcycle. Amagonda sustained injuries and died on the spot, whereas, Malakari and Gopal sustained severe

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injuries; they were shifted to the hospital. Later, Malakari succumbed to the injuries during treatment. Gopal had sustained severe injuries and was treated. In the circumstances, the parents of Amagonda, his wife and the daughter filed MVC No.1007/2009 claiming compensation for loss of dependency, loss to estate, loss of consortium, funeral expenses etc, whereas, the mother of deceased Malakari, wife and son claimed compensation in MVC No. 1009/2009. Injured Gopal claimed compensation for the injuries sustained and amputation of his right leg above knee and therefore, claimed compensation in MVC No. 1017/2009. All the cases were clubbed by the Tribunal and common evidence was adduced. The claimants examined as PW.1 to PW.6 and got marked Exs.P-1 to P-16, whereas, respondents examined RW.1 and got marked Exs.R-1 to R-3.

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The Tribunal after hearing and appreciating the evidence, awarded the compensation of Rs.4,28,000/- in MVC No.1007/2009 and MVC No.1009/2009 each and Rs.4,30,000/- was awarded in MVC No.1017/2009 with

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interest at 6% per annum. Dissatisfied with the amount of compensation, the appellants have approached this Court in the aforesaid appeals.

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I have heard the learned counsel for both the parties. The point that arises for consideration is,

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Whether the appellants are entitled for enhancement of compensation? If so, to what extent?

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Learned counsel for the appellants in all the appeals submits that the income assessed by the Tribunal at Rs.3,000/is on the lower side and it requires enhancement. So also he would submit that the compensation awarded on conventional heads in death cases is unreasonable. He submits that the injured has suffered 100% functional disability and therefore, the Tribunal committed an error by reducing the compensation to the extent of the disability. On the other hand, learned counsel for the second respondent has supported the

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judgment and award of the Tribunal and she submits that

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the compensation awarded is just and reasonable.

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MFA No.31498/2012 (MVC No.1007/2009)

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Deceased Amagonda was aged 28 years at the time of the incident and the Tribunal has assessed his income at Rs.3,000/- per month. The accident is of the year 2009. Taking into consideration the precedents laid down, the wages of an agriculturist at the relevant period, it appears just and proper to assess his income at Rs.4,500/- per month.

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Though the learned counsel for the appellant contended that the deduction has to be 1/4^th , it is relevant to note that there is no evidence on record to show that the parents were solely dependent on the income of the deceased. Therefore, the Tribunal has rightly accepted the deduction at 1/3^rd of the income of the deceased. Assessing his income at Rs.4,500/- and deducting 1/3^rd of the same, the net compensation for loss of dependency would be Rs.6,12,000/- (3,000/- x 12 x 17 = 6,12,000/-).

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The Tribunal has granted Rs.4,08,000/- and therefore, the

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appellants are entitled to an additional sum of Rs.2,04,000/- towards ‘loss of dependency'. Further, the Tribunal has granted a sum of Rs.20,000/- only as compensation on all the conventional heads. Taking into consideration the fact that the appellants are entitled to the compensation for loss of love, loss of consortium, loss to estate, funeral expenses etc., I think, a sum of Rs.40,000/- is payable to the appellants on these heads. Hence, they are entitled to an additional sum of Rs.20,000/-. Thereby, the appellants are entitled to an additional sum of Rs.2,24,000/- with interest @ 6% per annum from the date of petition till its payment.

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MFA No.31496/2012 (MVC No.1009/2009)

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Deceased Malakari was aged 28 years at the time of the incident; he was also an agriculturist; the multiplier to be adopted is ‘17’ and as assessed in the aforesaid case, the income of the deceased will have to be considered at Rs.4,500/- per month. Therefore, the net compensation for loss of dependency would be Rs.6,12,000/- (3,000/- x

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12 x 17 = 6,12,000/-). The Tribunal has granted a sum of Rs.4,08,000/-. Hence, the appellants are entitled to an additional sum of Rs.2,04,000/‘towards loss of dependency’. As in the aforesaid case, the compensation awarded on conventional heads is Rs.20,000/- only, the appellants are entitled to an additional sum of Rs.20,000/-. In this case as well, the appellants are entitled to an additional sum of Rs.2,24,000/- with interest @ 6% per annum from the date of petition till its payment.

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MFA No.31497/2012 (MVC No.1017/2009)

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The appellant has sustained sever injuries over his right leg and it was amputated above the knee. The Doctor has certified that the disability is 85%. The appellant was an agriculturist. Considering the fact that he cannot work in his lifetime, the functional disability will have to be considered at 100%. Assessing his income at Rs.4,500/as assessed in the aforesaid two cases, the multiplier to be adopted would be ‘15’ for the sole reason that in the Injury Certificate – Ex.P8, the age of the injured is mentioned as 40 years. Hence, the appellant is entitled to the

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compensation at Rs.8,10,000/- (4,500/- x 12 x 15 = 8,10,000/-) towards the ‘loss of future income’. A sum of Rs.2,70,000/- has been awarded by the Tribunal under the said head and deducting the same, he is entitled to an additional sum of Rs.5,40,000/-. The compensation awarded by the Tribunal under the other heads, like pain suffering, mental agony, medical expenses, loss of earning during the period of treatment, attendant charges, special diet and loss of amenities is just and reasonable. Hence, the appellant is entitled to an additional sum of Rs.5,40,000/- with interest @ 6% per annum from the date of petition till its payment.

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Consequently, the appeals are allowed in part.

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The appellants in MFA No.31498/2012 are entitled to a further sum of Rs.2,24,000/- with interest @ 6% per annum, in addition to the compensation awarded by the Tribunal, so also the appellants in MFA No.31496/2012 are entitled to a further sum of Rs.2,24,000/- with interest @ 6% per annum, in addition to the compensation awarded by the Tribunal.

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The proportionate amount as per the order of the Tribunal shall be kept in deposit.

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The appellant in MFA No.31497/2012 is entitled to a further sum of Rs.5,40,000/- with interest @ 6% per annum from the date of petition till its payment, in addition to the compensation awarded by the Tribunal.

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Out of the enhanced amount, a sum of Rs.2,50,000/-

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shall be kept in deposit for a period of five years in any Nationalised Bank.

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Sd/JUDGE

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MK/LG

Gopal S/O Shantappa Ankalikar @ Anakalagi v. Baburay S/O Sangappa Biradar and Anr.

Case brief

What is this about?

What did the court decide?

Gopal S/O Shantappa Ankalikar @ Anakalagi v. Baburay S/O Sangappa Biradar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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