Allowed

Sumitra W/O Hanamanth Shapure v. Dundappa S/O Balapa Gurlapur

Karnataka HC20 Feb 2019MFA/100969/2015

Case brief

AI extract

What is this about?

Appeal against Motor Accident Claims Tribunal award. Court enhanced compensation from Rs.9,78,000 to Rs.14,20,200 with interest. Added 40% future prospects per National Insurance Co. case and increased loss of love and affection to Rs.1,50,000 per Magma General Insurance case due to minor dependents.

What did the court decide?

Appeal partly allowed; compensation enhanced to Rs.14,20,200 with interest at 6% p.a.; rest of award unaltered.

Sumitra W/O Hanamanth Shapure Vs Dundappa S/O Balapa… — Motor Accident Claims | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF FEBRUARY 2019

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BEFORE

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THE HON’BLE MR.JUSTICE P.B.BAJANTHRI

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M.F.A. NO.100969/2015 (MV)

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BETWEEN

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SMT.SUMITRA W/O HANAMANTH SHAPURE, AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O HALLUR, TQ.GOKAK, DIST: BELAGAVI.

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KUMARI. SREEDEVI D/O HANAMANTH SHAPURE, AGE: 7 YEARS, OCC: NIL, R/O HALLUR, TQ.GOKAK, DIST: BELAGAVI.

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KUMAR. SREEDAR S/O HANAMANTH SHAPURE, AGE: 5 YEARS, OCC: NIL, R/O HALLUR, TQ.GOKAK, DIST: BELAGAVI.

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KUMARI.MADHU D/O HANAMANTH SHAPURE, AGE: 5 YEARS, OCC: NIL,

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APPELLANTS 2 TO 4 ARE MINORS REP.BY M/G NATURAL MOTHER, APPELLANT NO.1.

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SMT.SHIVANAWWA W/O RAVASHAB SHAPURE, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O HALLUR, TQ.GOKAK, DIST: BELAGAVI.

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SRI.RAVASHAB S/O KALLAPPA SHAPURE, AGE: 73 YEARS, OCC: AGRICULTURE, R/O HALLUR, TQ.GOKAK, DIST: BELAGAVI.

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APPELLANTS (BY SRI.SANTHOSH S.HATTIKATAGI, ADV.)

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AND

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SRI.DUNDAPPA S/O BALAPPA GURLAPUR, AGE: MAJOR, OCC: BUSINESS, R/O HALLUR, TQ.GOKAK, DIST: BELAGAVI.

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THE SR.DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY, LTD., CLUB ROAD, BELAGAVI, DIST: BELAGAVI.

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SRI.DADAPPA S/O BASAGOUDA PATIL, AGE: MAJOR, OCC: BUSINESS, R/O SAVASUDDI, TQ.RAIBAG, DIST: BELAGAVI.

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RESPONDENTS

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(BY SRI.RAVINDRA R.MANE, ADV. FOR R2, SRI.SANTHOSH B.RAWOOT, ADV. FOR R3, R1 NOTICE DISPENSED WITH)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V.ACT, AGAINST THE JUDGMENT AND AWARD DATED 26.06.2014 PASSED IN MVC NO.866/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COUT AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, GOKAK PARTLY ALLOWING THE CLAIMS PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal is directed against the judgment and

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award dated 26.06.2014 in MVC No.866/2012 passed by

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the Fast Track Court and Additional MACT, Gokak (for short ‘the MACT’).

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The deceased Hanumant Shapure who was

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aged about 26 years was a pillion rider with one Dundappa who was riding motorcycle bearing Reg.No.KA-49/H-6992, which was dashed against the trailer of the tractor bearing No.23/TA-3251, which was parked on the road side. Due to the said impact, the deceased fell down and sustained grievous injuries and died. Thus, the legal representatives of the deceased filed claim petition before the MACT. The MACT proceeded to award compensation of Rs.9,78,000/-. Being dissatisfied, the claimants have presented this appeal.

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The learned counsel for the appellantsclaimants vehemently contended that the MACT has committed an error in taking the income at Rs.6,000/p.m. instead of 6,500/- p.m. in terms of Lok Adalath guidelines. Further, 40% future prospects has not been awarded so also under the head loss of estate and love and affection meager compensation has been awarded.

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On the other hand, the learned counsel for the respondent-Insurance company resisted the contention of the appellants and submitted that, insofar as income criteria is concerned, what has been claimed is only Rs.6,000/-. Therefore, there is no infirmity. In respect of other heads also there is no infirmity and the claimants have not made out a case for enhancement.

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Heard the learned counsel for the parties.

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Question for consideration in the present appeal is, whether the claimants are entitled for enhanced compensation under income criteria, loss of estate and

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loss of love and affection and award of compensation under future prospects are not?

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Perusal of the records, it is evident that claim of the claimants in respect of income criteria is only Rs.6,000/-. Hence, no interference is called for. Under the head future prospects, the MACT has not awarded compensation for which claimants are entitled to. In view

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of the decision of the Hon’ble Supreme Court in the case of National Insurance Co.Ltd., Vs. Pranay Sethi and Others reported in 2017 ACJ 2700 , the claimants are entitled to 40% future prospects. Hence, the total income would be Rs.6,000/- + Rs. 2,400 = Rs.8,400/-. Deceased has four dependents and hence 3/4^th of his personal expenses has to be deducted. The total income of the deceased is Rs.6,300/-. Thus, the claimants are entitled to Rs.12,85,200/-. Under the head loss of love and affection, claimants are entitled to enhanced compensation since appellant Nos.2, 3 and 4 are minors. Therefore, in terms of the judgment of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram and Others reported in 2018 ACJ 2782 , the claimants are entitled to Rs.1,50,000/- instead of Rs.15,000/- towards loss of love and affection. Therefore, the claimants are entitled to enhanced compensation of Rs.14,20,200/- with interest at 6% p.a.

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Accordingly, the appeal is allowed in part. The judgment and award dated 26.06.2014 in MVC No.866/2012 passed by the Fast Track Court and Additional MACT, Gokak is modified and the claimants are entitled to enhanced compensation of Rs.14,20,200/- with interest at 6% p.a.

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Rest of the award passed by the MACT remains unaltered.

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Sd/JUDGE

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MBS/-

Sumitra W/O Hanamanth Shapure v. Dundappa S/O Balapa Gurlapur

Case brief

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Sumitra W/O Hanamanth Shapure v. Dundappa S/O Balapa Gurlapur

Case brief

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