Partly allowed

Smt Thippamma v. National Insurance Co. Ltd.

Karnataka HC16 Jan 2021MFA/7843/2019

Case brief

AI extract

What is this about?

The High Court allowed the motor accident claim appeal in part. It enhanced the compensation from Rs.10,94,000 to Rs.21,05,200 by revising the deceased's monthly income to Rs.13,300 and applying standard multipliers, with 6% interest from the claim date.

What did the court decide?

Total compensation enhanced to Rs.21,05,200 at 6% per annum from the date of the claim petition.

Smt Thippamma Vs National Insurance Co. Ltd. — 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 16^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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M.F.A.No.7843/2019 (MV)

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BETWEEN :

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1 . SMT.THIPPAMMA W/O LATE SANNA THIPPAIAH, AGED ABOUT 32 YEARS, HOUSEWIFE

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2 . AISHWARYA

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D/O LATE SANNA THIPPAIAH, AGED ABOUT 10 YEARS,

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3 . SIRI D/O LATE SANNA THIPPAIAH, AGED ABOUT 7 YEARS,

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4 . SUNIL S/O LATE SANNA THIPPAIAH, AGED ABOUT 5 YEARS,

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APPELLANT Nos.2 TO 4 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER APPELLANT NO.1

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ALL ARE R/AT NELAGETHANAHALLI VILLAGE, CHALLAKERE TALUK,

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NOW R/AT JODIMATTI ROAD, PRASHANTH NAGAR, CHITRADURGA CITY-577501. ...APPELLANTS

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(BY SRI SPOORTHY HEGDE.N., ADV.)

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AND :

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1 . NATIONAL INSURANCE CO. LTD., REP BY ITS BRANCH MANAGER, BRANCH OFFICE, JAGALURU MAHALINGAPPA COMPLEX, B.D.ROAD, CHITRADURGA-577501.

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2 . E.VEERESH S/O ERAPPA V., MAJOR, OWNER OF THE BUS BEARING REG NO.KA-17-B-1962, R/O # 131/2, 4^TH CROSS, JAMBANNA COMPOUND, K.B.EXTENSION, DAVANAGERE-577002. …RESPONDENTS

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(BY SRI RAVISHANKAR.A., ADV. FOR R-1; V/O DATED 08.01.2021, NOTICE TO R-2 IS DISPENSED WITH.)

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THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2018 PASSED IN MVC No.187/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:

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J U D G M E N T

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This appeal is directed against the judgment and

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award dated 17.02.2018 passed in MVC No.187/2017

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on the file of the Principal Senior Civil Judge and CJM,

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Chitradurga [Tribunal for short].

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2. The appellants being the widow and children

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of the deceased Sanna Thippaiah had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of Sanna Thippaiah in the road traffic accident which occurred on 14.07.2016 at about 04.30 p.m.

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It was averred in the claim petition that on the ill-fated day i.e., on 14.07.2016, the deceased was traveling as a pillion along with Sri.Thippesh [rider] in a motorcycle bearing registration No.KA-16-K-6342 from Chikkanavadi village towards Holalkere, when they reached near double electrical pole, Adanur village, Chitradurga Taluk, the driver of the bus bearing registration No.KA-17-B-1962 [offending vehicle] came from opposite direction in a rash and negligent manner with high speed and dashed against the motorcycle. Due to which, the deceased as well as the rider of the motorbike sustained injuries and they took treatment at

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C.G. Hospital, Davanagere. However, Sanna Thippaiah

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succumbed to the accidental injuries during treatment at C.G. Hospital.

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It was contended that deceased was aged about 36 years at the time of the accident and was earning Rs.10,000/p.m., by doing coolie and agricultural work. The claimants were depending on him for their livelihood. Due to untimely death of the deceased, they have lost the love and affection and the dependency etc. On these set of facts and grounds, claimants had sought for compensation.

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In response to the service of notice, respondent No.1 did not appear before the Tribunal and was placed exparte. The respondent No.2 – insurer appeared through its counsel and filed objections denying the petition averments. The primary defence taken was that the respondent No.1 – owner of the bus had entrusted his bus to the driver of the bus who had

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no driving licence and hence he has violated the policy and permit conditions. Admitting the issuance of policy, it was contended that the liability if any, is subject to the terms and conditions of the RC, FC, Permit and policy of the offending vehicle.

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This claim petition was clubbed with the claim petition filed by the rider in MVC No.186/2017 and a common judgment was passed by the Tribunal allowing the petition of the claimant in part, awarding total compensation of Rs.10,94,000/- with interest at 9% p.a., from the date of the petition till its realization in MVC No.187/2017 filed by the appellants herein.

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Being aggrieved by the same, the claimants

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have preferred the present appeal seeking enhancement of compensation.

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Learned counsel for the claimants submitted

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that the Tribunal has determined the monthly income of

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the deceased at Rs.8,000/- notionally ignoring the material evidence on record. Further the compensation awarded under the different conventional heads is meager and the same requires to be enhanced substantially having regard to the facts and

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circumstances of the case.

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Learned counsel for the insurer submitted

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that the Tribunal on proper analysis of oral and documentary evidence has awarded just and reasonable compensation which requires to be confirmed dismissing the appeal.

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We have heard the learned counsel

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appearing for the parties and perused the material on record.

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The Tribunal has determined the monthly

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income of the deceased at Rs.8,000/- notionally. The same deserves to be enhanced having regard to the

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chart prepared by the Karnataka State Legal Services Authority. Referring to the same, the monthly income of the deceased is re-determined at Rs.9,500/- adding 40% to the same, as the deceased was aged about 36 years at the time of the accident, the total monthly income would be Rs.13,300/[Rs.9,500+3,800]. Applying the multiplier of 16, deducting 1/4^th towards the personal and living expenses of the deceased, the loss of dependency would work out to Rs19,15,200/[13,300 x 12 x 16 x ¾].

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In terms of the dictum of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680 and New India Assurance Company Limited v/s. Somwati and others reported in (2020) 9 SCC 644 , the claimants are entitled to compensation of Rs.1,90,000/- under the conventional heads viz., Rs.40,000/- towards loss of spousal

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consortium; Rs.1,20,000/- towards loss of parental consortium [Rs.40,000/- each to the child]; Rs.15,000/towards loss of estate and Rs.15,000/- towards funeral expenses.

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For the reasons aforesaid, the total

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compensation awarded by the Tribunal is re-assessed

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as under:

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Sl.No.	Particulars	Amount [in Rs.]
1.	Loss ofdependency	19,15,200/-
2.	Loss ofSpousalConsortium	40,000/-
3.	Loss of Parental Consortium [Rs.40,000/-eachto the child]	1,20,000/-
4.	Loss ofestate	15,000/-
5.	Towardsfuneralexpenses	15,000/-
	Total	21,05,200/-

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Thus, the claimants shall be entitled to total compensation of Rs.21,05,200/- with interest at the rate of 6% per annum on the enhanced compensation from the date of the claim petition till the date of realization.

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Hence, the following:

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ORDER

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i] The appeal is allowed in part.

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ii] The total compensation awarded by the Tribunal is modified and enhanced to Rs.21,05,200/- as against Rs.10,94,000/with interest at the rate of 6% per annum on the enhanced compensation from the date of the claim petition till its realization.

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iii] However, the claimants shall not be entitled to interest for the delayed period of 488 days caused in filing the appeal before this Court in terms of the order of this Court dated 16.01.2021.

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

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

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vii] Draw modified award accordingly.

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viii] All pending I.As. stand disposed of accordingly.

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SD/JUDGE

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SD/-

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JUDGE