Allowed

Smt. Basavaneewwa v. the Divisional Controller

Karnataka HC22 Aug 2023MFA/100798/2020

Case brief

AI extract

What is this about?

The High Court modified the compensation awarded for a motor vehicle accident death. It reassessed the loss of dependency based on a notional monthly income of Rs. 8,000, adding 40% for loss of future prospects. The total compensation was enhanced to Rs. 12.63 lakhs. Interest was awarded pending realization but denied for the pre-filing delay period.

What did the court decide?

The judgment in MVC No.82/2016 is modified to award total compensation of Rs. 12,63,400 with interest at 6% per annum from the date of petition till realization, excluding interest for the 688-day pre

Smt. Basavaneewwa Vs the Divisional… — Contract and Commercial Disputes | Karnataka HC (2023)

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NC: 2023:KHC-D:9309 MFA No. 100798 of 2020 C/W MFA No. 101253 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.100798/2020(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.101253/2018

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IN MFA NO.100798/2020:

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BETWEEN:

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SMT. BASAVANEEWWA W/O. IRAPPA TALAWAR, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. KADAMAPUR, TQ: MUNDARAGI, DIST: GADAG.

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IRAPPA S/O. NAGAPPA TALAWAR, AGE: 49 YEARS, OCC: COOLIE, R/O: KADAMAPUR, TQ: MUNDARAGI, DIST: GADAG.

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…APPELLANTS

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(BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

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AND:

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Digitally signed by SUJATA SUBHASH PAMMAR

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THE DIVISIONAL CONTROLLER, NWKRTC, PALA BADAMI ROAD, NEAR MULAGUNDA NAKA, GADAG-582101, TQ AND DIST: GADAG.

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THE MANAGING DIRECTOR, SELF INSURANCE FUND, GOKUL ROAD, HUBBALLI-580020.

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…RESPONDENTS

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(BY SRI M.K. SOUDAGAR, ADVOCATE FOR R1; NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFYING THE JUDGMENT

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NC: 2023:KHC-D:9309 MFA No. 100798 of 2020 C/W MFA No. 101253 of 2018

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AND AWARD OF THE PRINCIPAL SENIOR CIVIL JUDGE, CJM AND AMACT, GADAG DATED 23.12.2017 IN MVC NO.2/2016, IN THE INTEREST OFJUSTICE AND EQUITY.

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IN MFA NO.101253/2018:

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BETWEEN:

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THE DIVISIONAL CONTROLLER, N.W.K.R.T.C PALA BADAMI ROAD, NEAR MULAGUND NAKA, GADAG, TAL AND DIST: GADAG, REP: BY DULY CONSTITUTED AUTHORITY.

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…APPELLANT

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(BY SRI M.K.DOUDAGAR, ADVOCATE)

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AND:

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SMT. BASAVANEEWWA W/O. IRAPPA TALAWAR, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O: KADAMAPUR, TAL: MUNDARAGI, DIST: GADAG – 582 101.

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IRAPPA S/O. NAGAPPA TALAWAR, AGE: 47 YEARS, OCC: COOLIE, R/O: KADAMAPUR, TQ: MANDARAGI, DIST: GADAG – 582 101.

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THE MANAGING DIRECTOR, SELF INSURANCE FUND, GOKUL ROAD, HUBBALLI.

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…RESPONDENTS (BY SRI C.M.HOSAMANI, ADVOCATE FOR R1 AND R2; NOTICE TO R3 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS IN CASE MVC NO.82/2016 ON THE FILE OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE, CJM AND ADDITIONAL MACT, GADAG AND SET ASIDE THE JUDGMENT AND AWARD DATED 23.12.2017.

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THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC-D:9309 MFA No. 100798 of 2020 C/W MFA No. 101253 of 2018

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JUDGMENT

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MFA No.100798/2020 is filed by the

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claimants/appellants for enhancement of compensation.

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MFA No.101253/2018 is filed by NWKSRTC for

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reducing quantum of compensation and also questioning the negligence.

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The fact of occurrence of accident and death of one Jagadish in the said accident is not in dispute. It is also not in dispute that the claimants are parents and also the legal representatives of deceased Jagadish.

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Heard the learned counsel for the appellants and perused the material on record.

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In the present case, the deceased was pedestrian going to Patreshwar temple in Mundargi-Kadampur road. At that time, he was hit by NWKSRTC bus. Due to which deceased died. Complaint is lodged against the driver of NWKSRTC bus. Charge sheet is laid down against the driver of the NWKSRTC bus. Spot panchanama and spot

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4 - NC: 2023:KHC-D:9309 MFA No. 100798 of 2020 C/W MFA No. 101253 of 2018

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sketch proves that the deceased was walking on the left side of the road. At that time, the NWKSRTC bus dashed the deceased. During police investigation, it came to know that driver of NWKSRTC bus was rash and negligent in driving the bus and caused the accident. Therefore, there is no contributory negligence on behalf of the deceased.

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The driver of the NWKSRTC bus was completely rash and negligent and caused accident.

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In the present case, the Tribunal has considered the income of the deceased at Rs.8,500/- per month and without adding income towards loss of future prospects in life has awarded compensation, which is to be modified.

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In the present case, no documents are produced to prove the income of the deceased. Therefore, considering the year of the accident that it occurred in the year 2015, the notional income of Rs.8,000/- per month is taken into consideration as recognized by Karnataka State Legal Services Authority.

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5 - NC: 2023:KHC-D:9309 MFA No. 100798 of 2020 C/W MFA No. 101253 of 2018

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The deceased was aged 29 years and a bachelor.

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Therefore, 40% income is to be added towards loss of future prospects in life and 50% of income is to be deducted towards personal and living expenses. The appropriate multiplier is 17. Therefore, loss of dependency is hereby reassessed and quantified as follows:-

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Rs.8,000/-+3,200/-(40% of Rs.8,000/-)X50/100x17X12 =11,42,400/-

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A compensation of Rs.16,500/-(Rs.15,000X10%

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escalation) is awarded under the head loss of Estate.

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A compensation of Rs.16,500/-(Rs.15,000X10%

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escalation) is awarded under the head transportation of dead body and funeral expenses etc.

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The claimants are father and mother of the deceased. Therefore, compensation of Rs.88,000/(Rs.40,000/-+10% escalationX2) is awarded towards loss of consortium.

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6 - NC: 2023:KHC-D:9309 MFA No. 100798 of 2020 C/W MFA No. 101253 of 2018

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12. Thus, in all the appellants/claimants are entitled to a

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total compensation as determined by this Court is as follows:

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Sl. No.	Particulars	Amount (Rs.)
1	Towards loss of future income due to disability	11,42,400-00
2	Towards loss of Estate	16,500-00
3	Towards transportation of dead body and funeral expenses	16,500-00
4	Towards consortium	88,000-00
	Total	12,63,400-00

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Accordingly, I proceed to pass the following:

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ORDER

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MFA No.100798/2020 filed by the claimants is

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allowed in part.

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Appeal filed by the NWKRTC is dismissed.

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The judgment and award dated 23.12.2019 passed in

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MVC No.82/2016 by the Prl. Senior Civil Judge, CJM and AMACT, Gadag is hereby modified.

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NC: 2023:KHC-D:9309 MFA No. 100798 of 2020 C/W MFA No. 101253 of 2018

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The claimants are entitled for compensation of Rs.12,63,400/- as against Rs.9,17,000/- awarded by the Tribunal along with interest at the rate of 6% per annum from the date of petition, till realization of amount from the insurance company.

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Registry is directed to transmit the amount in deposit made by the NWKSRTC to tribunal along with TCR and with copy of this order forth with.

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Claimants are not entitled for the interest for the delays period of 688 days in filing the appeal.

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No orders as to costs.

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Draw award accordingly.

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SD/JUDGE

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HMB List No.: 2 Sl No.: 11 CT-ASC

Smt. Basavaneewwa v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Smt. Basavaneewwa v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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