Partly allowed

G. Bagguramma W/O G Chinna Nagappa @ Sanna Nagappa v. Boya Nukiesh S/O Rudrappa

Karnataka HC11 Nov 2019MFA/21044/2013

Case brief

AI extract

What is this about?

The High Court modified the Motor Accident Claims Tribunal award in a second appeal. It enhanced the compensation from Rs.5,08,000 to Rs.7,85,104 by reassessing the deceased's income at Rs.5,500 per month and awarding sums for loss of dependency and conventional heads.

What did the court decide?

The award of the Tribunal is modified and the compensation is enhanced by Rs.2,77,104 to a total of Rs.7,85,104, with interest at 6% per annum.

G. Bagguramma W/O G Chinna Nagappa @ Sanna Nagappa Vs Boya… — Insurance | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF NOVEMBER 2019

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Present

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THE HON’BLE MR.JUSTICE ALOK ARADHE

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and

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THE HON’BLE MR.JUSTICE P.G.M. PATIL

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MFA. No.21044/2013 (MV)

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BETWEEN

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G. BAGGURAMMA W/O G CHINNA NAGAPPA @ SANNA NAGAPPA

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AGE: 47 YEARS, OCC: HOUSE WIFE R/O: PALLE PALLI VILLAGE,

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TAL : RAYADURGA, PRESENTLY RESIDING AT BELAGAL CROSS, CONTONMENT,

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BELLARY

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MUTHAPPA S/O LATE G CHINNA NAGAPPA @ SANNA NAGAPPA AGE: 30 YEARS, R/O PALLE PALLI VILLAGE, TAL : RAYADURGA, PRESENTLY RESIDING AT BELAGAL CROSS, CONTONMENT, BELLARY

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NAGANNA S/O LATE G CHINNA NAGAPPA @ SANNA NAGAPPA AGE: 27 YEARS, R/O : PALLE PALLI VILLAGE, TAL : RAYADURGA, PRESENTLY

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RESIDING AT BELAGAL CROSS, CONTENMENT, BELLARY

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KARI MUTHAPPA S/O LATE G CHINNA NAGAPPA @ SANNA NAGAPPA, AGE: 21 YEARS, OCC : STUDENT, R/O : PALLE PALLI VILLAGE, TAL : RAYADURGA, PRESENTLY RESIDING AT BELAGAL CROSS, CONTONMENT, BELLARY. ... APPELLANTS

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(BY SRI. MANJUNATHA G PATIL, ADV.)

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AND

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BOYA NUKIESH S/O RUDRAPPA OWNER OF THE AUTO BEARING REGD NO. AP02TA0021, R/O : PALLE PALLI VILLAGE, TAL : RAYADURGA, ANANTAPUR DISTRICT ANDRAPRADESH

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THE MANAGER M/S IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, RAGHAVA KRISHNA COMPLEX, K C ROAD, BELLARY. .. RESPONDENTS

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(BY SRI. RAVINDRA R.MANE, ADV. FOR R2 R1 - SERVED)

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MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DTD:20-07-2012 PASSED IN MVC NO.1345/2010 ON THE FILE OF THE MEMBER, MACT-XI, BELLARY, PARTLY ALLOWING THE CLAIM PETITION FOR

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COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR HEARING THIS DAY, P.G.M.PATIL , J, DELIVERED THE FOLLOWING:

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JUDGMENT

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The claimants being dissatisfied with the judgment and award dated 20/7/2012 passed in MVC No.1345/2010 on the file of the MACT No.XI, Bellary, have filed this appeal.

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The admitted facts in the appeal are that, the deceased G.Chinna Nagappa @ Sanna Nagappa sustained fatal injuries and succumbed to

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the said injuries in the motor accident which occurred on 1/11/2010 involving auto bearing No.AP-02/TA-0021. The claimants being legal representatives of the deceased filed claim petition before the Tribunal. The respondentowner and insurer of the offending vehicle resisted the claim of the claimants.

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On the basis of the pleadings of the

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parties, Tribunal framed the issues.

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On the basis of the material placed before the Tribunal, the claim petition was partly allowed awarding compensation of Rs.5,08,000/with interest at the rate of 6% p.a. from the date of petition till the date of realisation.

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The claimants being dissatisfied by the impugned judgment have filed this appeal for enhancement of compensation.

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We have heard the learned counsel for

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the parties and perused the records.

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There is no dispute that the respondentinsurer is liable to satisfy the award being passed. The only contention raised by the learned counsel for the appellants –claimants is that the accident in question occurred on 1/11/2010 and the Tribunal has considered the income of the

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deceased at Rs.4,500/- p.m. which is on lower side. Considering the guidelines provided for settlement of cases before the Lok Adalath as per the chart provided by the Karnataka State Legal Services Authority for the year 2010, the income of the deceased has to be considered as Rs.5,500/- per month and considering the age of the deceased as 49 years, 25% of the income has to be awarded towards future prospects along with a sum of Rs.70,000/- towards conventional heads. On such reassessment, the following just compensation is awarded.

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The income of the deceased is

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considered as Rs.5,500/-p.m.. Addition of 25% of the said income is made, which comes to Rs.1,375/-. The total income of the deceased comes to Rs.6,875/-, out of which 1/3 has to be deducted towards his personal and living expenses which comes to Rs.2,291/-. Thus, the remaining income of Rs.4,584/- has to be multiplied by 12

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and 13. Accordingly, a sum of Rs.7,15,104/(Rs.4,584/-X12X13) is awarded towards loss of dependency. Admittedly, claimant Nos.2 to 4 are major sons of the deceased. Claimant No.1 is widow of the deceased is also entitled for a sum of Rs.70,000/- under conventional heads, in view of the dictum of the Supreme Court in the case of National Insurance Ltd. Vs. Pranay Sethi and Others reported in AIR 2017 SCC 5157.

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Thus, the claimants are entitled for total compensation of Rs.7,85,104/- as against sum of 5,08,000/- awarded by the tribunal. Therefore, the claimants are entitled for enhanced compensation of Rs.2,77,104/-.

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For the aforementioned reasons, the award passed by the Tribunal is modified and the amount of compensation awarded to the appellants is enhanced by Rs.2,77,104/-. Needless to state that the amount

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shall carry interest at the rate of 6% per annum from the date of petition till payment is made.

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To the aforesaid extent, the judgment of the Tribunal is modified and accordingly, the appeal is

disposed of.

Sd/JUDGE

Sd/JUDGE

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G. Bagguramma W/O G Chinna Nagappa @ Sanna Nagappa v. Boya Nukiesh S/O Rudrappa

Case brief

What is this about?

What did the court decide?

G. Bagguramma W/O G Chinna Nagappa @ Sanna Nagappa v. Boya Nukiesh S/O Rudrappa

Case brief

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What did the court decide?

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