Appeal against Motor Vehicle Claims Tribunal award for enhancement of compensation in fatal road accident. Court enhanced compensation to Rs. 85,000 by revising notional income and adjusting heads of loss.
Enhanced compensation of Rs. 85,000 awarded to appellants with 6% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2019
PRESENT
THE HON’BLE MR. JUSTICE G.NARENDAR
AND
THE HON’BLE MR. JUSTICE BELLUNKE A.S.
MISCELLANEOUS FIRST APPEAL NO.101034/2017 (MV)
BETWEEN:
... APPELLANTS
(BY SRI. G R TURAMARI, ADVOCATE)
AND:
(BY SRI. S. S. KOLIWAD, ADVOCATE FOR R3; R1 & R2 – SERVED BUT UNREPRESENTED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.08.2016 PASSED IN MVC NO.1164/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-VI, KUDLIGI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, G.NARENDAR J ., DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellants and the learned counsel for the respondent No.3.
Poojari sustained fatal injuries and succumbed to the injuries at the spot. That the appellants-claimants have expended about Rs.50,000/- towards funeral expenses and that the deceased was working as a driver earning Rs.15,000/- per month including batta and on these grounds they have sought for a compensation of Rs.28,20,000/- from the respondents.
short ground that the author of the certificate has not been examined.
Pranay Sethi reported in 2017 ACJ 2700, wherein at
paragraph 63 (iii) and (iv), the Hon’ble Apex Court has laid down the law with regard to the cases and circumstances under which the compensation under the head of future prospects could be awarded. Nevertheless, though the Tribunal has erred in awarding the compensation under the head of future prospects, we are also of the opinion that the notional income adopted is on the lower side. The notional income assessed at Rs.6,000/- p.m. in respect of the claim arising out of the accident of the year 2015 is contrary to the notional income that is generally adopted by the Lok Adalath for amicably resolving the claims, wherein the Lok Adalath generally assesses the notional income at about Rs.9,000/- p.m.. The fact remains that the deceased also possessed a driving licence authorizing him to drive the light motor vehicle.
‘loss of dependency’ rates an appropriate compensation.
Under the head of ‘loss of love and affection’, the Tribunal has awarded a meager sum of Rs.15,000/-. In terms of the law laid down by the Hon’ble Apex Court in Pranay Sethi ’ s case (supra), the same is to be enhanced to a sum of Rs.40,000/- by way of filial consortium. Hence, the sum awarded under the head of ‘loss of love and affection’ is enhanced by a further sum of Rs.65,000/-. Under the head ‘loss of estate’, the claimants are entitled to an additional sum of Rs.15,000/- and an additional sum of Rs.5,000/- under the head of ‘transportation and funeral expenses’.
Accordingly, the appeal is partly allowed. The respondents shall be jointly and severally liable to pay the compensation along with interest calculated at the rate of 6% p.a. from the date of petition.
Office to draw up the decree accordingly. The 3rd respondent-insurer is directed to deposit the enhanced sum awarded along with the interest within six weeks from the date of receipt of a certified copy of this order.
Sd/JUDGE
Sd/JUDGE
gab
2 issues framed by the court
Whether the compensabale awarded by the Tribunal was just, fair and reasonable?
Whether the notional income adopted by the Tribunal was correct?
Colour shows how this judgement treated each authority
National Insurance Co. Ltd. V. Pranay SethiReferred¶35
National Insurance Co. Ltd. V. Pranay Sethi
1 provisions across 1 enactments
RAMACHANDRA @ RAMACHANDRA POOJARI @ RAMACHANDRA
SMT. LAKSHMIDEVI @ LAKSHMI DEVI POOJARI
KARIBASAPPA J.H.
G. SHAMBANNA
M/S. UNITED INDIA INSURANCE COMPANY LIMITED
G.NARENDAR
BELLUNKE A.S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
