This appeal challenged the compensation quantum awarded for a fatal road traffic accident. The High Court re-assessed the deceased's income and enhanced the total compensation from Rs. 4,97,000 to Rs. 7,43,200, allowing consequential interest.
Total compensation enhanced to Rs. 7,43,200 with 6% p.a. interest; insurer to deposit within 90 days.
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 AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE M.I.ARUN
M.F.A.No.4801/2019 (MV)
BETWEEN :
ALL ARE R/AT ANNENAHALLI VILLAGE DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT
5 . SMT.ROOPA A.M., W/O Y.A.MANJUANTHA AGED ABOUT 41 YEARS, YOGIHALLI VILLAGE, DUDDA HOBLI HASSAN TALUK & DISTRICT-573201 ...APPELLANTS
(BY SRI RAJARAM SOORYAMBAIL, ADV.)
AND :
1 . Mr. KUMARA S/O NANJAPPA K., AGED ABOUT 55 YEARS, HOUSE NO.58, ANNERNAHALLI VILLAGE, DANDIGANAHALLI HOBLI CHANNARAYAPATTANA TALUK, HASSAN DISTRICT
2 . THE MANAGER UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, MADHU COMPLEX MYSORE ROAD CHANNARAYAPATTANA TOWN …RESPONDENTS
BY SRI A.M.KRISHNASWAMY, ADV. FOR R-2; VIDE COURT ORDER DATED 15.01.2021 NOTICE TO R-1 IS DISPENSED WITH.
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2016 PASSED IN MVC No.982/2014 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHANNARAYAPATTANA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is directed against the judgment and award dated 1.1.2016 passed in MVC No.982/2014 on the file of the IV Additional District & Sessions Judge, Channarayapatna [Tribunal for short].
Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the death of Manjegowda in the road traffic accident.
sustained fatal injuries and succumbed to the injuries on his way to the hospital.
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framed and answered allowing the petition in part awarding total compensation of Rs.4,97,000/- with interest @ 6% p.a. from the date of petition till its realization fastening the liability on the insurer to satisfy the award.
7. Being dissatisfied with the quantum of
compensation awarded, the claimants have preferred the present appeal.
Tribunal has awarded a sum of Rs.4,97,000/determining the monthly income of the deceased at Rs.6,000/-. Considering the date of the accident and the age of the deceased, the monthly income assessed by the Tribunal notionally calls for re-determination. As per the Chart prepared by the Karnataka State Legal Services Authority, the monthly income can be safely redetermined at Rs.8,500/-. Adding 10% of the same
towards future prospects, applying the multiplier of 9 and deducting 1/3rd towards personal and living expenses of the deceased, loss of dependency would work out to Rs.6,73,200/- (9350 x 12 x 9 x 2/3).
Pranay Sethi and others reported in ((2017)16 SCC 680) and New India Assurance Company Limited Vs.
Somawati and others reported in (2020) 9 SCC 644, the claimants are entitled to compensation of Rs.70,000/- under the conventional heads.
awarded by the Tribunal is re-assessed as under:
| Sl.No. | Particulars | Amount [in Rs.] |
|---|---|---|
| 1. | Loss ofdependency | 6,73,200 |
| 2. | Loss of spousal Consortium |
40,000 |
| 3. | Loss of Estate | 15,000 |
| 4. | Funeralexpenses | 15,000 |
| Total | 7,43,200 |
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Thus the claimants are entitled to total compensation of Rs.7,43,200/- with interest @ 6% p.a. from the date of petition till its realization.
Hence, the following:
ORDER
i] Appeal is allowed in part.
ii] The total compensation awarded by the Tribunal is modified and enhanced to Rs.7,43,200/(Rupees Seven Lakhs Forty Three Thousand and Two hundred Only) as against Rs.4,97,000/which shall carry interest at the rate of 6% per annum from the date of the claim petition till its realization.
iii] The insurance company shall deposit the reassessed total compensation determined as aforesaid before the Tribunal within 90 days from the date of receipt of the certified copy of the judgment and order.
iv] The portion of the order of the Tribunal inasmuch as liability, apportionment and disbursement remains intact.
v] The modified compensation shall be disbursed in terms of the order of the Tribunal.
vi] Draw modified award accordingly.
SD/JUDGE
SD/JUDGE
Dvr:
2 issues framed by the court
Whether the monthly income and subsequent compensation awarded by the Tribunal should be reassessed against the Karnataka State Legal Services Authority chart?
Whether the claimants are entitled to additional compensation under conventional heads as per Supreme Court rulings?
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay SethiReferred¶44
National Insurance Company Limited Vs. Pranay Sethi and others reported in ((2017)16 SCC 680) · Who else cites this
New India Assurance Company Limited Vs. SomawatiReferred¶44
New India Assurance Company Limited Vs. Somawati and others reported in (2020) 9 SCC 644 · Who else cites this
2 provisions across 1 enactments
Roopa A.M.
Kumara S/O Nanjappa K.
The Manager United India Insurance Co. Ltd.
S. Sujatha
M. I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
