Two motor accident claims appeals challenging the Tribunal's award. The High Court upheld liability on the insurer and enhanced compensation from Rs.7.62 lakhs to Rs.19.27 lakhs, fixing notional income at Rs.12,000/- per month.
Compensation enhanced to Rs.19,27,400/- with 6% interest payable by the Insurance Company within six weeks.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.No.8415/2016 (MV-D)
CONNECTED WITH
M.F.A.No.9175/2018 (MV-D)
IN MFA NO.8415/2016
BETWEEN
SRI M VISHVANTH S/O THIPPESWAMY M V OWNER OF THE BUS BEARING NO.KA-01/AA-3755 SRI THIPPESWAMY TRANSPORT 1ST CROSS, V P EXTENSION CHITRADURGA-577501
...APPELLANT
(BY SRI AMSHUMAN M, ADVOCATE)
AND
BOTH ARE R/O UPPARIGENHALLY VILLAGE HOLALKERE TALUK, CHITRADURGA DISTRICT-577526
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... RESPONDENTS
(BY SRI MRUTHYUNJAYA, ADVOCATE FOR SRI R SHASHIDHARA, ADVOCATE FOR R1 & R2; SRI K S LAKSHMINARASAPPA, ADVOCATE FOR SRI A M VENKATESH, ADVOCATE FOR R3)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2016 PASSED IN MVC NO.170/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HOLALKERE AND ETC.
IN MFA NO.9175/2018
BETWEEN
...APPELLANTS
(BY SRI MRUTHYUNJAYA, ADVOCATE FOR SRI R SHASHIDHARA, ADVOCATE)
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AND
2 . THE BRANCH MANAGER ORIENTAL INSURANCE CO LTD, SHARADA COMPLEX 1ST FLOOR OPP. KSRTC BUS STAND P.B.ROAD CHITRADURGA-577501
… RESPONDENTS
(BY SRI AMSHUMAN M, ADVOCATE FOR R1; SRI K S LAKSHMI NARASAPPA, ADVOCATE FOR SRI A M VENKATESH, ADVOCATE FOR R3)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2016 PASSED IN MVC NO.170/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HOLALKERE AND ETC.
THESE M.F.A.S COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
These appeals are filed by the owner of the offending vehicle as well as the claimants challenging the judgment and award dated 16.08.2016 passed in M.V.C.No.170/2015 on the file of the Senior Civil Judge and Additional MACT, Holalkere (‘the Tribunal’ for short).
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counsel for the claimants is only relied upon the document at
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Ex.P12-Verification Certificate wherein it discloses that the deceased was secured 64.93% in B.Com and the verification was completed for the course of Master Degree and he was selected for PG course under GM category though he claims under 2B category. When such material was available on record to show that the deceased was called upon to produce the original documents for admission in the month of July and the alleged accident was occurred in the month of August 2014, hence, there is a force in the contention of the counsel for the claimants that the Tribunal has committed an error in taking income of Rs.5,000/- per month. Even though in the absence of documentary evidence, the notional income would be Rs.8,500/in a case of coolie. In the case on hand, the deceased was a Graduate and also got selected for PG course and if the deceased was alive, he would have completed his Master Degree and would have got good job and earn good income. Under such circumstances, it is appropriate to take notional income of Rs.12,000/- as contended by the counsel for the claimants. Hence, income would be Rs.12,000/- and adding 40% as future prospectus, it comes to Rs.16,800/- and as the deceased was a bachelor, 50% has to be deducted towards personal expenses,
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hence, it comes to Rs.8,400/- and the relevant multiplier would be 18, hence, the claimants are entitled for the amount towards loss of dependency is Rs.18,14,400/- (8,400 x 12 x 18) and the claimants are entitled for an amount of Rs.40,000/- each towards loss of love and affection and apart from that they are entitled for an amount of Rs.33,000/- towards loss of estate and funeral expenses and in all, the claimants are entitled for Rs.19,27,400/- as against Rs.7,62,000/-.
following:
ORDER
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Rs.7,62,000/- with interest at 6% per annum from the date of petition till deposit.
Sd/JUDGE
SN
3 issues framed by the court
Whether the liability should be fastened on the insurance company considering the validity of the driving licence and permit.
Whether the Tribunal committed an error in fixing the notional income at Rs.5,000/- when the deceased was a graduate selected for a PG course.
Whether the compensation awarded by the Tribunal requires enhancement based on the deceased's prospects and personal expenses.
1 provisions across 1 enactments
Sri M Vishanth
R Mohamed Gouspeer
Nageena
Sri Thippeswamy Transport
Orient Insurance Co Ltd
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court