Appellant bus operator filed MFA challenging compensation awarded to the heirs of a deceased person. High Court awarded enhanced damages, including interest, and remitted the amount for deposit.
Compensation enhanced to Rs. 14,17,945/- with 6% interest from date of filing; insurance company directed to deposit within 8 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.
NC: 2023:KHC-D:12387 MFA No. 100854 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.100854/2020(MV)
BETWEEN:
THE MANAGING DIRECTOR, NWKRTC HAVERI DIVISION, TAL AND DIST: HAVERI, REP. DULY CONSTITUTED AUTHORITY, CHIEF LAW OFFICER, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI.
…APPELLANT
(BY SRI M. K. SOUDAGAR, ADVOCATE)
AND:
VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPI Date: 2023.12.1213:19:28 +0530
…RESPONDENTS
(BY SRI HARISH S. MAIGUR, ADVOCATE FOR R1 AND R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS IN CASE MVC NO.553/2015 ON THE FILE OF THE HON’BLE ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VI, JAMKHANDI AND SET ASIDE THE JUDGMENT AND AWARD DATED 23.08.2019, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the NWKRTC challenging the judgment and award dated 23.08.2019 passed by the learned Additional Senior Civil Judge and Motor Accident Claims Tribunal, Jamakhandi, in M.V.C. No.553/2015 for reducing quantum of compensation as well as on rashness and negligence attributed on part of the driver of the bus.
From the spot sketch it proves that the bus had moved further 7 feet towards his wrong side and dashed the motorcycle. Therefore, the charge sheet filed against the driver of the bus. The complaint, FIR, charge sheet and spot sketch clearly prove that the bus moved wrong side and hit the motorcycle, due to it deceased died. Therefore, there is not attributing negligence on part of the deceased. Just because there are 3 persons riding on the motorcycle cannot be a ground to say that the deceased has also attributed rashness and negligence. The movement of vehicle on which direction and place of accident are the factors to consider rashness and negligence. Therefore, the tribunal is correct in holding the driver of the bus was completely rash and negligent in driving the bus and caused accident.
| Sl.No. | Heads. | Amount in (Rs.) |
|---|---|---|
| 1. | Towards loss of dependency | 13,60,800 |
| 2. | Towards loss of estate | 15,000 |
| 3. | Towards funeral expenses | 15,000 |
| 4. | Towards medical expenses | 87,345 |
| Total: | 14,78,145 |
compensation contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be modified.
National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme
Court Cases 680, 40% of the income is to be added towards loss of future prospects in life. There are totally two legal heirs. The claimants are parents of deceased. The deceased was a bachelor, 50% of his income is
deducted towards his personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is 18. Therefore loss of dependency is re-assessed and quantified at Rs.12,09,600/- (Rs.8,000 + 40% minus 50% x 12 x 18).
medical expenses and hospital charges of Rs.87,345/- is as per the actual bills and receipts produced. Therefore, the same is kept intact.
compensation under various heads as under:
| Sl. No. |
Heads. | Amount in (Rs.) |
|---|---|---|
| 1. | Towards loss of dependency (Rs.8,000 + 40% minus 50% x 12 x 18) |
12,09,600 |
| 2. | Towards loss of consortium (40,000 x 2 +10%) |
88,000 |
| 3. | Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2+10%) |
33,000 |
| 4. | Towards medical expenses. | 87,345 |
| Total: | 14,17,945 |
the enhanced compensation within eight weeks from the
date of receipt of a certified copy of this judgment.
ORDER
vi) No order as to costs.
vii) Draw award accordingly.
Sd/JUDGE
SSP List No.: 2 Sl No.: 6 CT-ASC
2 issues framed by the court
Whether the tribunal was justified in reducing the quantum of compensation awarded to the legal heirs.
Whether the compensation needs to be enhanced based on Supreme Court principles for loss of dependency and loss of future prospects.
Colour shows how this judgement treated each authority
National Insurance Company Limited vs. Pranay Sethi and othersRelied on¶33
(2017) 16 Supreme Court Cases 680
Magma General Insurance Co. Limited v. Nanu Ram & OthersRelied on¶38
2018 ACJ 2782
The Managing Director, NWKRTC Haveri Division
Shri Mahadev Parappa Gudi
Vijyalakshmi Kankuppi
Sanjeevkumar Hanchate
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
