Allowed

Sri. D.H. Chandrappa v. M/S Vrl Logistics

Karnataka HC13 Jan 2021MFA/5941/2019

Case brief

AI extract

What is this about?

This appeal challenges the quantum of compensation in a motor accident case. The High Court modified the Tribunal's award of Rs.10,02,000 to Rs.17,73,200, enhancing it based on Supreme Court precedents regarding notional income loss, future prospects, loss of consortium, and funeral expenses.

What did the court decide?

Compensation enhanced to Rs.17,73,200 with interest at 6% per annum.

Sri. D.H. Chandrappa Vs M/S Vrl Logistics — Motor Accident Claims | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY, 2021

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PRESENT

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THE HON'BLE MRS. JUSTICE S. SUJATHA

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AND

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THE HON'BLE MR. JUSTICE M.I.ARUN

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MFA NO.5941 OF 2019 (MV)

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BETWEEN:

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Sri. D.H. Chandrappa, S/o Dodda Hanumappa, Aged about 52 years, Occupation : coolie.

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Smt. C. Rathnamma, W/o Chandrappa, Aged about 47 years, Occupation: coolie,

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Kum. Pavithra, D/o Chandrappa, Aged about 22 years, Student.

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All are residents of Anabur Village, Jagalur Taluk, Davanagere District-577 528. … Appellants (By Sri. Siddeswara N.K, Advocate)

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AND :

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M/s. VRL Logistics, Regd. & Admin, Office,

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NH-4 Road, Bangalore Road, Varur, Hubli-581 207, Represented by its Managing Director.

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United India Insurance Co., Ltd., Divisional Office No.1 & 2, Enkay Complex, Keshavapura, Hubli-580 023. Represented by its Divisional Manager. ... Respondents

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(By Sri. S.V. Hegde Mulkhand, Advocate for R2; Vide order dated 13.01.2021, Notice to R1 is dispensed with)

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This MFA is filed under Section 173(1) of M.V.Act against the judgment and award dated 04.01.2019 passed in MVC.No.603/2017 on the file of the Itinerary Senior Civil Judge and MACT, Jagalur, partly allowing the claim petition for compensation and seeking enhancement of compensation.

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This appeal coming on for Orders this day, M.I.ARUN, J ., delivered the following:

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JUDGMENT

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Aggrieved by the judgment and award dated

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04.01.2019 passed by The Itinerary Senior Civil Judge and

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MACT at Jagalur (for short ‘the Tribunal’) in MVC No.603/2017, the petitioners therein have preferred this appeal.

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2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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The brief facts of the case are that the deceased Upendra, along with his brother, were proceeding in a goods auto bearing registration No.KA04/AA-9462. The deceased Upendra was driving the said goods vehicle from Bidar towards Bangalore via Raichur-Shiraguppa-Bellary road and when they reached near Bhagyanagar Camp, besides the land of K. Channappa, Kolur Village, On Shiraguppa-Bellary road, all of a sudden, VRL Logistics Bus bearing registration No.KA25/C-0964 being driven in a rash and negligent manner dashed against their goods auto, due to which, both the Upendra and his brother Pradeep were injured and succumbed to the same.

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The deceased Upendra was unmarried. Petitioner No.1 is the father, petitioner No.2 is the mother and petitioner No.3 is the sister of the deceased respondent No.1 is the owner of the offending bus and

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respondent No.2 is the Insurance Company with which the offending bus was insured. Hence, the petitioners preferred MVC No.603/2017 and claimed a compensation of Rs.38,00,000/-.

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After service of summons, respondent Nos.1 and 2 have appeared before the Tribunal through their counsel and filed their statement of objections denying the liability and prayed for dismissal of the claim petition.

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Petitioner No.1 got examined herself as P.W.1 and examined two more witnesses as P.W.2 and P.W.3 and got marked Exs.P1 to P.21. Respondent No.2 has examined the officer of the respondent No.2 as R.W.1 and got marked one document as Ex.R1.

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Based on the pleadings and the evidence let in, the Tribunal came to the conclusion that the accident happened due to rash and negligent driving of the offending bus and has awarded a compensation of Rs.10,02,000/- along with interest @ 8% per annum to the petitioners. Not satisfied

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by the award, the petitioners therein have preferred this appeal.

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The factum of accident, the negligence on part of respondent No.1 and the fact that the offending bus has been insured with respondent No.2 is not in dispute. The only question that arise for consideration in this appeal is the quantum of compensation.

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Admittedly, the accident happened in the year

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The petitioners have not adduced any evidence to prove the income of the deceased. Hence, the Tribunal has taken notional income at Rs.9,000/- per month. The accident being of the year 2017, in our opinion, it is on the lower side. As per the chart prepared by the Karnataka State Legal Services Authority in consultation with the Insurance Companies, the notional income in the absence of proof of income to be adopted for the year 2017 is Rs.11,000/- per month. The deceased at the time of the accident was aged about 20 years. Thus, in view of the age of the deceased, multiplier ‘18’ has to be adopted and 40%

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has to be added to the income of the deceased towards future prospects as per the law down by the Apex Court in the case of National Insurance Co.Ltd. v. Pranay Sethi (2017) 16 SCC 680 . 50% is to be deducted towards personal expenses as he was a bachelor. Thus, on the count of loss of dependency, the petitioners are entitled to a sum of Rs.16,63,200/- (11,000+40% x ½ x 12 x 18).

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Further, as per the law laid down by the Hon’ble Supreme Court in New India Assurance Co.Ltd. v. Somwati [(2020)9 SCC 644] , petitioners No.1 and 2 are also entitled to a sum of Rs.40,000/- each towards loss of consortium and Rs.30,000/- towards funeral expenses. Thus, in all, the petitioners would be entitled to Rs.17,73,200/- as against Rs.10,02,000/- awarded by the Tribunal.

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Hence, the following:

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ORDER

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i] Appeal is allowed in part.

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ii] The total compensation awarded by the Tribunal is modified and enhanced to Rs.17,73,200/(Rupees Seventeen Lakh Seventy Three Thousand and Two Hundred only) as against Rs.10,02,000/- which shall carry interest at the rate of 6% per annum on the enhanced compensation amount from the date of the claim petition till its realization.

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iii] The portion of the order of the Tribunal inasmuch as liability, apportionment and disbursement remains intact.

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iv] The Insurance Company shall deposit the amount determined as aforesaid before the Tribunal within 90 days from the date of receipt of the certified copy of the judgment and order.

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v] The modified compensation shall be apportioned and disbursed in terms of the order of the Tribunal.

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vi] Draw modified award accordingly.

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vii] All pending I.As. stand disposed of.

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Sd/- JUDGE

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Sd/JUDGE

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Sri. D.H. Chandrappa v. M/S Vrl Logistics

Case brief

What is this about?

What did the court decide?

Sri. D.H. Chandrappa v. M/S Vrl Logistics

Case brief

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What did the court decide?

What the court decided

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