Partly allowed

Smt. Shivanagamma v. Jiyauddin

Karnataka HC17 Aug 2022MFA.CROB/28/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka in Motor Accident Claim Reference Hearing No. 28/2017, while hearing the Insurance Company's appeal and claimants' cross-objection against a compensation award, partially allowed both. The Court modified the Tribunal's award to deduct 50% of income as personal expenses and enhanced compensation for loss of dependency, consortium, and estate to a total of Rs. 15,97,238/-

What did the court decide?

Enhanced compensation of Rs. 3,41,800/- awarded to claimants along with interest at 6% p.a. from the date of petition.

Smt. Shivanagamma Vs Jiyauddin — Specific Performance | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A. CROB. NO.28/2017 C/W. M.F.A.No.3781/2016 (MV-D)

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IN MFA CROB NO.28/2017:

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BETWEEN:

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SMT. SHIVANAGAMMA

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W/O. G. SOMASHEKARA

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AGED ABOUT 45 YEARS

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G. SOMASHEKARAPPA S/O. GURUSIDDAPPA AGED ABOUT 52 YEARS

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RAJARAJESWARI

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D/O. G.SOMASHEKARA AGED ABOUT 25 YEARS

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MADALAMBIKA

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D/O. G. SOMASHEKARA AGED ABOUT 27 YEARS

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MANJULA

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D/O. G. SOMASHEKARA AGED ABOUT 29 YEARS

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ALL ARE RESIDENTS OF R/O C/O RAMESH KANNUR VILLAGE, CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT PIN: 571 302

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… CROSS OBJECTORS (BY SRI SANATH KUMARA K.M., ADVOCATE)

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AND:

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JIYAUDDIN S/O. ABDUL JABEER NO.262, KODAHALLI GUNDLUPETE TALUK CHARAJANAGAR DISTRICT PIN - 571 111

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DIVISIONAL MANAGER BHARATHI AXA GENEARL INSURANCE CO., LTD., SRINIVASA PLAZA, 3^RD FLOOR ADHICHUNCHANAGIRI MAIN ROAD KUVEMPUNAGAR MYSORE - 570 003

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… RESPONDENTS

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(BY SRI B. PRADEEP, ADV. FOR R2; NOTICE TO R1 IS D/W V/O DATED 17.08.2022)

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THIS MFA CROB IN MFA NO.3781/2016 FILED UNDER ORDER XLI RULE 22 OF THE CPC AGAINST THE JUDGMENT AND AWARD DATED:29.01.2016 PASSED IN MVC No.36/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KOLLEGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.3781/2016:

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BETWEEN:

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BRANCH MANAGER BHARATHI AXA GENEARL INSURANCE CO., LTD., SRINIVASA PLAZA, 3^RD FLOOR ADHICHUNCHANAGIRI MAIN ROAD, 5TH STAGE KUVEMPUNAGAR MYSORE

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NOW REP. BY ITS LEGAL MANAGER BHARATHI AXA GIC LTD., 1ST FLOOR, FERNS ICON SURVEY NO.28, DODDANEKUNDI K.R.PURAM HOBLI BANGALORE - 560 037

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… APPELLANT

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(BY SRI B. PRADEEP, ADVOCATE)

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AND:

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SMT. SHIVANAGAMMA W/O. G. SOMASHEKARAPPA NOW AGED ABOUT 44 YEARS

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G. SOMASHEKARAPPA S/O. LATE GURUSIDDAPPA NOW AGED ABOUT 51 YEARS

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RAJARAJESHWARI

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D/O. G.SOMASHEKARAPPA NOW AGED ABOUT 24 YEARS

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MADALAMBIKA

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D/O. G. SOMASHEKARAPPA AGED ABOUT 26 YEARS

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MANJULA

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D/O. G. SOMASHEKARAPPA AGED ABOUT 29 YEARS

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ALL ARE R/AT UDIGALA, CHAMARAJNAGAR DISTRICT ALL ARE PRESENTLY R/AT C/O. RAMESH KANNUR VILLAGE, KOLLEGAL TALUK CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT

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JIYAUDDIN

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S/O. ABDUL JABEER NO.262, KODAHALLI GUNDLUPETE TALUK CHARAJANAGAR DISTRICT PIN - 571 111

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… RESPONDENTS

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(BY SRI K.M.SANATH KUMAR, ADV. FOR R1 TO R5; NOTICE TO R6 IS D/W V/O DATED 30.11.2017)

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THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.01.2016 PASSED IN MVC No.36/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KOLLEGAL, AWARDING COMPENSATION OF RS.12,55,438/- WITH INTEREST AT 6% P.A., FROM THE DATE OF PETITION TILL DEPOSIT.

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THIS MFA CROB AND MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appeal is filed by the Insurance Company challenging the judgment and award passed in MVC No.36/2015 dated 29.01.2016 by the court of Senior Civil Judge and JMFC, Kollegal, challenging the quantum of compensation. The cross objection is filed by the claimants seeking for enhancement of compensation.

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The brief facts of the case are as under:

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The claim petition came to be filed under Section 166 of the Motor Vehicle Act, 1988 in MVC No.36/2015, contending that the deceased-Mahadevaprasad was driving the car on 04.01.2015 at about 7 p.m., near Udigala Ganapathi Temple on GundlupeteChamarajanagar Main Road, one Bolero Jeep bearing No.KA-10 G 7772 being driven by its driver came from Gundlupete side with rash and negligent manner and dashed against the car. As a result, Mahadevaprasad sustained grievous injuries on the head and other parts of the body and he was succumbed to the injuries on 04.01.2015 in the midnight while he was taking treatment at JSS Hospital, Mysore. The dependents of the deceased-Mahadevaprasad have preferred MVC No.36/2015 seeking compensation under Section 166 of MV Act.

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Learned counsel for the Insurance Company submitted that the Tribunal has committed an error in deducting 1/4^th of income of the deceased but ought to

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have deducted a 50% of the income, since the deceased was a bachelor. Therefore, prays to reduce the quantum of compensation accordingly.

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On the other hand, learned counsel for the cross objectors/claimants submitted that the compensation amount awarded on each head, is meager one and therefore, prays for enhancement of compensation.

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5. The Tribunal has granted a compensation on

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various heads as follows:

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Sl.No.	Particulars	Compensation awarded (in Rs.)
1.	Loss of dependency	11,34,000.00
2.	Transportationexpenses	5,000.00
3.	Funeral and death ceremony expenses	15,000.00
4.	Loss of love and affection	1,00,000.00
5.	Medical expenses	1,438.00
	TOTAL	12,55,438.00

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The Tribunal has deducted 1/4^th of income of

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the deceased as personal and living expenses. It is stated that the deceased was aged 24 years and was a bachelor. Therefore, the Tribunal ought to have deducted 50% of his income towards personal and living expenses.

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Therefore, the Tribunal has committed an error in deducting only 1/4^th of his income towards personal and living expenses. The same is to be modified.

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Further, the Tribunal has taken the notional income at Rs.7,000/- per month. The accident was in the year 2015. Therefore, it would be appropriate to adopt the notional income determined by Karnataka State Legal Services Authority for that year would be Rs.9,000/- p.m. Further, 40% of his income is to be added towards 'loss of future prospects' as per the dictum of the Hon'ble Apex Court in the case of National

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Insurance Company Ltd., Vs. Pranay Sethi and others reported in (2017)16 SCC 680 .

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As the deceased was aged 24 years, a multiplier of '18' will have to be adopted. Consequently, the claimants would be entitled to a sum of Rs.13,60,800/- (Rs.9000 + 40% = Rs.12,600 x 50% = Rs.6300 x 18 x 12) towards " loss of dependency".

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The Tribunal has awarded a compensation of Rs.5,000/towards "transport expenses" and Rs.15,000/- towards "funeral and death ceremony expenses" . The same are found to be correct which needs no interference.

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Further, the Tribunal has granted only sum of Rs.20,000/- each towards "loss of love and affection" to the claimants, which is found to be lesser and is exercised as per the dictum of Hon'ble Apex Court in the case of Magma General Insurance Company Ltd., vs. Nanu Ram & others reported in (2018)18 SCC

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130 and in pranay sethi's case stated supra, the legal heirs of the deceased are entitled to compensation of

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Rs.40,000/- each under the head "loss of parental consortium and filial consortium" . Accordingly, compensation of Rs.2,00,000/- is awarded under the head "loss of consortium".

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Further, the Tribunal has not awarded any compensation under the head "loss of estate" and Rs.15,000/- is to be awarded under the head "loss of estate".

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Thus, in all, the claimants are entitled for the following sums:

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Sl.No.	Particulars	Compensation awarded (in Rs.)
1.	Loss of dependency	13,60,800.00
2.	Transportationexpenses	5,000.00
3.	Funeral and death ceremony expenses	15,000.00
4.	Loss of love and affection	2,00,000.00
5.	Loss of estate	15,000.00
5.	Medical expenses	1,438.00
	TOTAL	15,97,238.00

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The Tribunal has awarded the compensation

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of Rs.12,55,438/-, but the appellants/claimants are

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entitled to total compensation of Rs.15,97,238/-. Hence, the appellants are entitled to enhanced compensation of Rs.3,41,800/- (Rs.15,97,238/- - Rs.12,55,438/-). Therefore, the appellant/claimants are entitled to enhanced compensation of Rs.3,41,800/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.

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Accordingly, I proceed to pass the following:

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ORDER

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i. The appeal filed by the Insurance Company is hereby allowed - in - part insofar as deduction of 50% of income is concerned.

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ii. The cross objection filed by the claimants is hereby allowed - in- part .

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iii. The judgment and award passed by the Tribunal in MVC No.36/2015 is hereby modified that the cross objectors/claimants are entitled for enhanced compensation of Rs.3,41,800/- with interest @ 6% p.a., from the date of petition till its realization.

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