Dismissed

Siddaiah v. S. K. Srinivas

Karnataka HC2 Nov 2022MFA/216/2018

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed an appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 against a Moto Accident Tribunal order. Upholding the Tribunal's award of Rs. 5.50 lakhs for the death of a minor based on the principles in Kishan Gopal, the court held no interference was warranted.

What did the court decide?

The appeal filed for enhancement of compensation is dismissed. The award stands. Interest at 6% p.a. is affirmed.

Siddaiah Vs S. K. Srinivas — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02^ND DAY OF NOVEMBER, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A.No.216/2018 (MV-D)

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BETWEEN:

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SIDDAIAH

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S/O. BORAIAH,

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AGED ABOUT 49 YEARS,

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YASHODHA

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W/O. SIDDAIAH,

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AGED ABOUT 44 YEARS,

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RESIDENTS OF VARADENAHALLI, NOW RESIDING AT BALAJINAGARA, SIRA-572137.

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… APPELLANTS

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(BY SRI HANUMANTHARAYAPPA.K., ADVOCATE)

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AND:

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S. K. SRINIVAS

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S/O. KARIYANNA, AGED ABOUT 34 YEARS, RESIDENT OF MAHADI MAN,E SANTHEPET, SIRA TOWN-572137.

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(OWNER OF MOTOR CYCLE KA-06-EH-6388)

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NATIONAL INSURANCE COMPANY LTD., B.M. COMPLEX, LAKSHMI BAZAR, CHITRADURGA-577 501,

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(POLICY NO.603703/31/11/6200006398 VALID FROM 30/08/2011 TO 29/08/2012)

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… RESPONDENTS

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(R1-SERVED;

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BY SRI B.A.RAMAKRISHNA, ADV. FOR R2)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.07.2017 PASSED IN MVC NO.256/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, ADDITIONAL MACT, SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the claimants under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award passed in MVC No.256/2013 dated 14.07.2017 by the Senior Civil Judge and Addl. MACT, Sira seeking enhancement of the compensation.

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The undisputed facts are that on 07.08.2012 at about 12.30 p.m, when the appellants' daughter by name Prema was going on the left side of the road in

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front of Ammanagatta, Hosahatti School, Gubbi Taluk, at that time a motorbike bearing No.KA-06-EH-6388 came in a rash and negligent manner and dashed against her. Due to the said accident, the daugher of the appellants died on 08.08.2012.

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The Tribunal by following the judgment of the Hon'ble Apex Court in the case of Kishan Gopal and another vs. Lala and others reported in (2014)1 SCC

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244 has observed at paragraph 13 and granted a compensation of Rs.4,50,000/towards 'pecuniary damages' and Rs.1,00,000/- towards 'loss of love and affection ad also non-pecuniary damages'.

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In the present case, the deceased was 14 years old. The Hon'ble Apex Court in Kishan Gopal's case laid down the principles of law that in the case of death of a minor, it is difficult to assess the notional income. Therefore, issued guidelines to consider the notional income of Rs.30,000/- p.a. and to consider the multiplier

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according to the age of younger parent. This is correctly observed and held by the Tribunal and accordingly, granted a compensation of Rs.4,50,000/- towards 'pecuniary damages'.

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Therefore, the Tribunal is correct in awarding compensation of Rs.5,50,000/- along with interest at the rate of 6% p.a., from the date of petition till the date of realization, which needs no interference. Therefore, the appeal is liable to be dismissed.

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Accordingly, it is dismissed.

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Sd/-

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Siddaiah v. S. K. Srinivas

Case brief

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Siddaiah v. S. K. Srinivas

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