Partly allowed

Smt B Lakshmi Devi W/O B.Pedda Ranganna v. R Govinda Rao S/O R.Narashimha Rao

Karnataka HC6 Nov 2023MFA/102400/2022

Case brief

AI extract

What is this about?

In this motor vehicle accident compensation appeal, the High Court partially allowed the claimants' appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal. The Court recalculated the loss of dependency based on verified evidence, added loss of consortium for parents, and awarded fixed amounts for loss of estate and funeral expenses.

What did the court decide?

The impugned award was modified to enhance total compensation to Rs. 14,33,000/- (earlier Rs. 12,39,600/-), excluding interest for the period of delay in filing the appeal.

Smt B Lakshmi Devi W/O B.Pedda Ranganna Vs R Govinda… — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV

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AND

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 102400 OF 2022

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(MV-D)

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BETWEEN:

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SMT. B. LAKSHMI DEVI W/O. B. PEDDA RANGANNA,

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AGED ABOUT 42 YEARS, OCC:HOUSE WIFE.

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B. PEDDA RANGANNA S/O. SOMANNA AGED ABOUT 46 YEARS, OCC: AGRICULTURIST.

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Digitally signed by SHIVAKUMAR SHIVAKUMAR HIREMATH HIREMATH Date: 2023.11.10 10:42:33 +0530

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KUM. B. GEETHA D/O. PEDDA RANGANNA AGED ABOUT 20 YEARS, OCC: STUDENT, ALL ARE R/O.NO.6-17, RAMAPURAIAH STREET, NEMAKALLU, CHIPPAGIRI MANDALAM, KURNOOL DISTRICT, A.P.

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PRESENTLY RESIDING AT HALKUNDI VILLAGE, BALLARI TALUK & DISTRICT-583101.

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…APPELLANTS

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(BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)

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AND:

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R. GOVINDA RAO S/O. R. NARASHIMHA RAO, AGED ABOUT 47 YEARS, DRIVER OF TATA INDIGO CAR BEARING NO.AP-04/K-0659, R/O.NO.2/187, KOTE STREET, ALUR, DIST: KURNOOL, (AP).

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C. PRAVEEN KUMAR S/O. C. MALDANNA, AGED ABOUT 46 YEARS,

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NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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OWNER OF TATA INDIGO CAR BEARING NO.AP-04/K-0659, R/O. D.NO.8/18, MOLAGAVALLI VILLAGE, ALUR, DIST: KURNOOL, (AP).

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M/S. UNITED INDIA INSURANCE COMPANY LIMITED, BY ITS DIVISIONAL MANAGER, MAIN ROAD, PARVATHI NAGAR, BALLARI-583101 …RESPONDENTS

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(BY SRI. S. S. KOLIWAD, ADV. FOR R3, NOTICE TO R1 AND R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.03.2018 PASSED IN MVC NO.5/2017 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, VIJAYKUMAR A.PATIL, J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the claimants i.e. father, mother and sister of the deceased B.Veeresh challenging the judgment and award dated 28.03.2018 passed by the MACT-XII, Ballari (hereinafter referred to as ‘the tribunal’) in MVC No.5/2017 seeking enhancement of compensation.

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The brief facts giving rise to filing of this appeal

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are that the claimants filed a claim petition under Section

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3 - NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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166 of Motor Vehicle Act, 1988 seeking compensation for the death of B. Veeresh in the accident which occurred on 27.06.2016. It is averred that the said B. Veeresh was coming from hospital after attending to his relatives on motorcycle bearing No.AP-21/BA-1668 to Nemakal and at about 11.30 p.m. when he reached near Kundanakurthy village bus stop, one TATA Indigo Car bearing No.AP-04/K0659 came in a rash and negligent manner with high speed and dashed against the motorcycle. As a result, the deceased fell down and sustained grievous injuries and he succumbed to those injuries. It is averred that due to rash

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and negligent driving of car bearing No.AP-04/K-0659, the accident took place and hence, the respondents being the driver, owner and insurance company, are liable to pay the compensation.

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The respondents appeared before the Tribunal

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and respondent No.3 filed written statement contending that the accident occurred due to rash and negligent riding of the motorcycle by the deceased. It is averred that the

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4 - NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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deceased was not holding driving licence to ride the motorcycle. Hence, the respondent-insurance company is not liable to pay the compensation and prayed for dismissal of the claim petition.

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The Tribunal framed issues and recorded the evidence of the parties. The appellant/claimant No.1 has examined herself as PW-1 and got marked Ex.P-1 to P-18 and respondent/insurance company examined Sri. T.Mahesh as RW-1 and got marked Ex.R-1. The Tribunal on appreciation of evidence available on record has awarded compensation of Rs.12,39,600/- along with interest at 6% p.a. Being aggrieved by the same, the claimants have preferred this appeal seeking enhancement of compensation.

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Learned counsel Sri Y. Lakshmikant Reddy appearing for appellant/claimants submits that, the tribunal has committed an error in assessing the income of the deceased at Rs.8,000/- as the deceased was working as a Computer Operator and was earning Rs.10,000/- per

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5 - NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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month. It is submitted that, the tribunal has committed an error in not awarding compensation under the head of loss of consortium and also award of compensation under other heads by the tribunal is on the lower side. He seeks to allow the appeal by enhancing the compensation.

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Per contra, learned counsel Sri S.S. Koliwad appearing for respondent/insurance company supports the impugned Judgment and award and submits that, the tribunal has assessed the income of the deceased at Rs.8,000/- taking into account the evidence available on record and has correctly applied the multiplier and awarded compensation on conventional head, which does not call for any enhancement. He seeks for dismissal of the appeal.

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Having heard the learned counsel for the appellant/claimants, learned counsel for the respondent/ insurance company, perused the memorandum of appeal and Tribunal records. The point that arises for consideration in this appeal is:

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6 - NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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“Whether the claimants are entitled for

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the enhancement of compensation?”

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The answer to the above point is in the affirmative for the following reasons:

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(a) It is not in dispute that one Sri B. Veeresh has died in the road accident dated 27.06.2016 near Kundanakurthy village bus stop involving motorcycle bearing No.AP-21/BA-1668 and TATA Indigo Car bearing No.AP-04/K-0659. PW-1 in her cross-examination has deposed that his deceased son was aged about 22 years on the date of accident, was working as Computer Operator, was earning Rs.10,000/- p.m. It is further deposed that the claimants are dependant on the income of the deceased. The Tribunal considering the evidence has assessed the notional income of the deceased at Rs.8,000/- p.m. The appellants have produced Ex.P.12 the Salary Certificate and the Degree Certificate of the deceased, however, the

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author of the Ex.P.12 has not been examined, nor Bank Statement is placed for having credited Rs.10,000/- per month from the date of his joining duties till the accident and in the absence of any such cogent and acceptable evidence, this Court has to assess the income of the deceased notionally. In the absence of any evidence on record to assess the income, this Court and Lok Adalaths normally rely on the notional income chart prepared by the Karnataka State Legal Services Authority to assess the income. In the instant case, the accident is of the year 2016. Basing our reliance on the aforesaid chart, the income of the deceased is assessed at Rs.8,750/p.m.

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(b) As per the settled principles of law in the case of

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National Insurance Company Limited Vs.

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Pranay Sethi and others¹ , the Tribunal has

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1 (2017) 16 SCC 680

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8 - NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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added 40% future prospects to the assessed income of the deceased and deducted 50% of the income towards personal expenses of the deceased. The same is unaltered. Thus, the claimants would be entitled for compensation under the head of loss of dependency as under:

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Rs.8,750+ 40% x 12 x 18 x 50%= Rs.13,23,000/-

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(c) It is settled law that the appellant Nos.1 and 2 are the parents of the deceased and would be entitled to Rs.40,000/- each towards parental consortium as held by the Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs Nanu Ram² .

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(d) As held by the Hon’ble Apex Court in the case of Pranay Sethi (supra), the claimants would be entitled to a sum of Rs.15,000/- towards loss of estate and a sum of Rs.15,000/towards transportation of dead body and funeral expenses.

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2 (2018) SCC 130

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9 - NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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This Court vide order dated 07.02.2023, allowed I.A.No.1/2022 for condonation of delay in filing the appeal subject to condition that the appellant/claimants would not be entitled to any interest for the delayed period, if he would succeed in the appeal. Hence, the claimants are not entitled for interest for the delayed period of 810 days in preferring the appeal.

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10. Thus, the appellant/claimants would be entitled

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for modified compensation on the following heads:

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Sl.No.	Particulars	Amount
1.	Loss of dependency	Rs.13,23,000/-
2.	Loss of estate and funeral expenses & transportation of dead body	Rs.30,000/-
3.	Loss of consortium	Rs.80,000/-
	(Rs.40,000/-x2)
	Total	Rs.14,33,000/-

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In view of the aforementioned, we pass the following:

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10 -

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NC: 2023:KHC-D:12932-DB MFA No. 102400 of 2022

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ORDER

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(i) The above appeal is allowed in part.

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(ii) The impugned judgment and award of the Tribunal is modified to the extent that the claimants are entitled to total compensation Rs.14,33,000/- as against Rs.12,39,600/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of claim petition till date of realization excluding the interest for the delayed period of 810 days in preferring the appeal.

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(iii) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment.

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