Partly allowed

Irappa S/O Basappa Julpi, v. Ranjeet Vikramsinh Aparadh

Karnataka HC5 Sept 2022MFA/20348/2011

Case brief

AI extract

What is this about?

This is an award of damages in a motor vehicle accident. The appellant challenged the compensation awarded by the Tribunal for the death of his son. The Court enhanced the compensation, ordering the insurer to pay the difference. The appeal was allowed in part.

What did the court decide?

Modified the award granting enhanced compensation of Rs. 6,79,900/- along with interest at 6% per annum. Directing the insurer to pay the difference within six weeks.

Irappa S/O Basappa Julpi, Vs Ranjeet Vikramsinh… — Motor Accident Claims | Karnataka HC (2022)

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MFA No. 20348 of 2011

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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MISCELLANEOUS FIRST APPEAL NO. 20348/2011 (MV-D)

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BETWEEN:

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IRAPPA S/O BASAPPA JULPI AGE: 58 YEARS, OCC: BANK EMPLOYEE R/O MUCHKHANDI, TQ. and DIST. BAGALKOT

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…APPELLANT

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(BY SRI. N SHANKAR RANGAREJI, ADVOCATE)

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AND:

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RANJEET VIKRAMSINH APARADH AGE: MAJOR, OCC: BUSINESS R/O SAUNDATTI, DIST. BELGAUM NOW R/O KADARNATH SUGAR FACTORY KERKALMATTI, BADAMI-TALUK BAGALKOT – TALUK AND DIST.

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Digitally signed by J MAMATHA JMAMATHA Location:DharwadDate: 2022.09.09 11:11:13 +0530

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THE D.G.M. CLAIM SECTION RELIANCE GENERAL INSURANCE CO. LTD. MISSION ROAD, BANGALORE

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…RESPONDENTS (BY SRI. SANJAY S KATAGERI, ADVOCATE FOR R1; SRI NAGARAJ C KOLLOORI, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 06.10.2010, PASSED IN MVC NO.512/2008 BY THE MEMBER, MACT No.-II, BAGALKOT AND ETC.

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MFA No. 20348 of 2011

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THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING.

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J U D G M E N T

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Heard the learned counsel appearing for the appellant

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and the learned counsel appearing for the respondents.

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The factual matrix of the case of the claimant is that the deceased Prakash Julpi who was proceeding towards Vidyagiri for his business on his motorbike, the offending vehicle caused and accident and as a result, he succumbed to the injuries. The Tribunal considering the material on record awarded the compensation of Rs.4,17,000/- with interest at the rate of 6% per annum and hence, the present appeal is filed questioning the quantum of income taken by the Tribunal and the compensation awarded on the other heads are meager.

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Per contra, the learned counsel for the insurance company contended that the insurance company had also filed MFA No.20332/2012 and the same was dismissed on 17.11.2014 on the ground of limitation since the appeal was filed in 2014 though the judgment was passed in 2010 itself. The counsel would submit that no documentary proof is placed

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MFA No. 20348 of 2011

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with regard to the income is concerned and the Tribunal has rightly taken the income of Rs.3,000/- per month.

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Having heard the respective counsel appearing for the parties and also on perusal of the documents available on record it is not in dispute that the alleged accident was taken place in the year 2008 and in the absence of documentary evidence, the notional income has to be taken as Rs.4,250/-.

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Hence, the ‘loss of dependency’ is calculated as under:

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Monthly income	– Rs.	4,250.00
Add: 40% towards
Future prospects	- Rs.	1,700.00
	----	----------
	- Rs.	5,950.00
Less: 50% towards
Personal expenses	- Rs.	2,975.00
	----	----------
	- Rs. ----	2,975.00 ----------
Loss of dependency	= Rs.	6,06,900.00
(Rs.2,975/- x 12 x 17)	-----------	--------------

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Apart from that the Tribunal has awarded an amount of Rs.9,000/- towards loss of love and affection, transportation of dead body and funeral expenses and damage to the motorcycle respectively and the same is enhanced to the tune of Rs.73,000/- as against Rs.9,000/- that is Rs.40,000/- towards love and affection and Rs.33,000/- towards funeral expenses

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MFA No. 20348 of 2011

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and loss of estate hence, in all the claimant is entitled for the compensation of Rs.6,79,900/- with interest at the rate of 6% per annum on the enhanced compensation.

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In view of the discussions made above, I pass the

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following:

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ORDER

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The appeal is allowed in part.

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The impugned judgment and award dated 06.10.2010 passed in MVC No.512/2008 by the Member, MACT-II, BAgalkot is modified granting compensation of Rs.6,79,900/- as against Rs.4,17,000/- with interest at 6% per annum on the enhanced compensation.

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The insurance company is directed to pay the difference of compensation amount with interest within six weeks from the date of this order.

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The registry is directed to transmit the records to the concerned Tribunal forthwith, if any.

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(Sd/-) JUDGE

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Irappa S/O Basappa Julpi, v. Ranjeet Vikramsinh Aparadh

Case brief

What is this about?

What did the court decide?

Irappa S/O Basappa Julpi, v. Ranjeet Vikramsinh Aparadh

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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