Partly allowed

Smt Hanumakka W/O Late Suresh v. S M Shantha Murthy S/O S.M. Thippeswamy

Karnataka HC11 Sept 2023MFA/102541/2020

Case brief

AI extract

What is this about?

The High Court allowed the appeal partly, enhancing the motor accident compensation. The Court applied Apex Court guidelines to re-assess the deceased's income and loss of dependency, increasing the award from Rs. 20 lakh to Rs. 27 lakh, directing the insurance company to deposit the higher amount with 6% interest.

What did the court decide?

Appeal allowed in part. Compensation enhanced to Rs. 27,90,572/- by modifying the Tribunal's award. Interest directed at 6% p.a.

Smt Hanumakka W/O Late Suresh Vs S M Shantha Murthy… — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:10387-DB MFA No. 102541 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 102541 OF 2020 (MV-D)

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BETWEEN:

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SMT HANUMAKKA W/O. LATE SURESH, AGED ABOUT: 27 YEARS, R/O: THOLAMAMIDI VILLAGE, BALLARI TALUK AND DISTRICT-583101.

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KUM. LAKSHMI D/O. LATE SURESH, AGE: 8 YEARS, STUDENT, R/O: THOLAMAMIDI VILLAGE, BALLARI TALUK AND DISTRICT-583101.

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Digitally signed by SHIVAKUMAR HIREMATH Date: 2024.01.08 16:45:55 +0530

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KUM. DEENA D/O. LATE SURESH, AGE: 5 YEARS, R/O: THOLAMAMIDI VILLAGE, BALLARI TALUK AND DISTRICT-583101.

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KUM. DEENA D/O. LATE SURESH, AGE: 3 YEARS, R/O: THOLAMAMIDI VILLAGE, BALLARI TALUK AND DISTRICT-583101.

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APPELLANTS NO. 2 TO 4 ARE MINORS REPRESENTED MOTHE AND NATURAL GUARDIAN APPELLANT NO. 1.

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HULUGAPPA S/O. DEVAPPA, AGE: 56 YEARS, OCC: COOLIE, R/O: THOLAMAMIDI VILLAGE, BALLARI TALUK AND DISTRICT-583101.

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2 - NC: 2023:KHC-D:10387-DB MFA No. 102541 of 2020

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SMT. RUTHAMMA W/O. HULUGAPPA AGED ABOUT: 49 YEARS, OCC: COOLIE, R/O: THOLAMAMIDI VILLAGE, BALLARI TALUK AND DISTRICT-583101.

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…APPELLANTS (BY SRI MANJUNATHA G. PATIL, ADVOCATE)

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AND:

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S.M. SHANTHA MURTHY S/O. S.M. THIPPESWAMY, AGE: 41 YEARS, DRIVER CUM OWNER OF THE HONDA SHINE MOTOR CYCLE BEARING REG.NO.KA-34/EG-1143, R/O: 3RD WARD, NEAR KATTE BASAVESHWARA TEMPLE, ETTINABOODIHAL VILALGE, BALLARI TALUK AND DISTRICT-583201.

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M/S. SRIRAM GENERAL INSURANCE COMPANY LIMITED, HEAD OFFICE AT E-8, TONKA ROAD, SITHAPURA INDUSTRIAL AREA, SITHAPURA EPIP, RAJASTHANA, BRNACH OFFICE: C.S.T. NO:477/1M-1, FIRST FLOOR, V.A. HAL MARK, DESAI CROSS, NEAR INDUS LAND BANK, PINTU ROAD, HUBBALLI, DHARWAD- DISTRICT-580020.

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…RESPONDENTS

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(BY SRI NAGARAJ C. KOLLORI, ADVOCATE FOR R2; R1 NOTICE DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN MVC NO.83/2019 DATED 24-02-2020 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, ENHANCE THE COMPENSATION FROM RS.20,01,420/- TO RS.50,00,000/-IN MVC NO. 83/2019 DATED 24-02-2020 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL-IIND AT BALLARI.

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NC: 2023:KHC-D:10387-DB MFA No. 102541 of 2020

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, BASAVARAJA, J., DELIVERED THE FOLLOWING:

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JUDGMENT

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The appellants/claimants have preferred this appeal challenging the judgment and award dated 24.02.2020 passed in MVC No.83/2019 by the Motor Accident Claims Tribunal-II, Ballari (hereinafter referred to as 'Tribunal' for short) seeking enhancement of compensation.

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For the sake of convenience, the parties in this

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appeal are referred to as per their status and rank before the Appellate Court.

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The brief facts of the case are that:

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On 19.12.2018, Suresh as pillion rider, respondent No.1 as rider were proceeding in Motorcycle bearing Reg.No.KA34/EG-1143 at about 6.00 a.m. near Kuruvalli, bommanal road, respondent No.1 rode the same in high speed, rash and negligent manner, as a result of which, the motorcycle turtle and they fell down and Suresh sustained grievous injuries. Immediately, Suresh was shifted to VIMS Hospital, Ballari

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- 4 - NC: 2023:KHC-D:10387-DB MFA No. 102541 of 2020

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wherein he took treatment for 9 days, on 27.12.2018 at 7.45 a.m. Suresh succumbed to injuries. Therefore, the claimants preferred to file claim petition under Section 166 of MV Act, seeking compensation.

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On hearing both sides, the Tribunal has partly

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allowed the appeal filed by the appellants/claimants and awarded compensation of Rs.20,01,420/- along with 7% interest from the date of petition till the date of deposit on account of death of deceased Sri. Suresh.

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Being aggrieved by this judgment and award

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passed by the Tribunal, the claimants/appellants have preferred this appeal seeking enhancement of compensation.

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Learned counsel for the appellants/claimants submits that the judgment and award passed by the Tribunal is erroneous and capricious. The judgment and award passed by the Tribunal is not in accordance with law and facts and also in view of dictum of Hon'ble Apex Court. On all these grounds, he sought to allow this appeal.

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- 5 - NC: 2023:KHC-D:10387-DB MFA No. 102541 of 2020

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On the other hand, learned counsel for the

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respondent submitted that the Tribunal has passed the judgment in accordance with law and facts and that there are no grounds to interfere with the judgment and award passed by the Tribunal. Therefore, prays for dismissal of the appeal.

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We have heard the arguments on both side and carefully examined the materials placed before this Court.

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The deceased was aged 30 years as on the date of accident which is evident from Ex.P5 -post-mortem report. In view of the decision of the Hon'ble Apex Court in the case of SMT.SARLA VERMA & OTHERS. VS. DELHI TRANSPORT CORPN. AND ANOTHER REPORTED IN AIR 2009 SC 310, the appropriate multiplier applicable is '17'.

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With regard to the income of the deceased is concerned, the Tribunal has assessed the income of the deceased at Rs.9,000/- p.m. which is not in consonance with the guidelines issued by the Karnataka State Legal Services

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Authority. In view of the guidelines issued by the Karnataka State Legal Services Authority, the notional income of the deceased is taken at Rs.11,750/- and 40% income is to be added towards 'loss of future prospects in life' as per the dictum of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI AND

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OTHERS reported in AIR 2017 SC 5157. Then, it comes to Rs.16,450/- (11,750+40%). 1/4^th of the income of deceased has to be deducted towards personal and living expenses. Then it comes to Rs.4,112/- (Rs.16450-4112), then the income of the deceased is Rs.12,338/-. Therefore, the loss of dependency is hereby re-assessed and quantified as under:

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12,338x12x17=25,16,952/-

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Accordingly, a sum of Rs.25,16,952/- is awarded under the head 'loss of dependency'.

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Considering the facts and circumstances of the

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case and also keeping in mind the decisions of the Hon’ble

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7 - NC: 2023:KHC-D:10387-DB MFA No. 102541 of 2020

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Apex Court, it is just and proper to award compensation as under:

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1.	Loss of dependency	25,16,952.00
2.	Loss of consortium 3 dependants (40,000x6)	2,40,000.00
3.	Towards loss of estate	15,000.00
4.	Towards funeral expenses and transportation charges	15,000.00
5.	Medical expenses	3,620.00
	Total	27,90,572.00

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Therefore, the claimants are entitled for

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compensation of Rs.27,90,572/- instead of Rs.20,01,420/with interest @ 6% p.a. from the date of filing petition till its realization. Accordingly, we proceed to pass the following:

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ORDER

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i. Appeal allowed in part .

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ii. Judgment and award dated 24.02.2020 passed in MVC No.83/2019 on the file of the Motor Accidents Claim Tribunal-II, Ballari, is modified by enhancing the compensation to Rs.27,90,572/as against Rs.20,01,420/awarded by the Tribunal which shall carry interest at the rate of 6% per annum from the date of petition till realisation;

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