Partly allowed

B R Jyothi v. v Ramesh

Karnataka HC1 Sept 2023MFA/1947/2022

Case brief

AI extract

What is this about?

The High Court allowed this Motor Vehicles Appeal in part. It enhanced the compensation awarded by the Tribunal for a road accident death from Rs.16,67,200 to Rs.22,64,900. The additional amount of Rs.5,97,700 was granted with interest at 6% p.a., excluding a period of 712 days post-filing.

What did the court decide?

Enhanced compensation of Rs.5,97,700 along with interest at 6% p.a. from the date of petition, excluding 712 days of delay, to be paid by Respondent No.2 within six weeks.

B R Jyothi Vs v Ramesh — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:31508 MFA No. 1947 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO.1947 OF 2022 (MV-D)

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BETWEEN:

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B.R. JYOTHI W/O. LATE SURESH NOW AGED ABOUT 34 YEARS

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S. ANJINAMMA D/O. LATE SURESH NOW AGED ABOUT 16 YEARS,

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S. ARCHANA D/O. LATE SURESH NOW AGED ABOUT 14 YEARS

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S. RAMACHANDRA S/O. SURESH

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NOW AGED ABOUT 10 YEARS

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Digitally signed by H K HEMA Location: High Court of Karnataka

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YELLAKKA W/O. HONNURAPPA

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NOW AGED ABOUT 71 YEARS

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THE APPELLANTS NO.2 TO 4 ARE SINCE MINORS REP. BY THEIR NATURAL GUARDIAN MOTHER I.E., APPELLANT NO.1

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ALL ARE R/O. KASAVIGONDANAHALLI VILLAGE THALAK HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522.

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…APPELLANTS

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(BY SRI RANGEGOWDA N.R., ADVOCATE)

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2 - NC: 2023:KHC:31508 MFA No. 1947 of 2022

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AND:

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V. RAMESH AGED MAJOR R/O. NO.524/4 PERIYAR EVE RA HIGH SCHOOL ROAD ARUMBAKKAM CHENNAIH-600 106.

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THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. DIVISIONAL OFFICE 34/3 MMK COMPLEX, 2ND FLOOR P.B. NO.237, AKKAMAHADEVI ROAD P.J. EXTENSION DAVANAGERE-577 001.

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…RESPONDENTS

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(BY SRI C. SHANKAR REDDY, ADVOCATE FOR R.2;) NOTICE TO R.1 IS DISPENSED WITH VIDE COURT ORDER DATED 01.09.2023.)

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THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT CHALLAKERE, IN MVC NO.1209/2016 DATED 02.01.2018 AND TO ENHANCE THE COMPENSATION FROM RS.16,67,200/- TO RS.30,00,000/- BY ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:31508 MFA No. 1947 of 2022

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JUDGMENT

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Aggrieved by the judgment and award dated 02.01.2018 passed in MVC No.1209/2016 by the Court of the Senior Civil Judge and MACT, Challakere (for short ‘the Tribunal’), the petitioners therein have preferred this appeal.

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For the sake of convenience, the parties are referred to herein as per their status before the Tribunal.

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Brief facts of the case are as follows:

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On 16.07.2016 at about 11.40 a.m. the deceased Suresh was traveling in a tractor and trailer bearing registration No.KA16-TA-8587 and KA-16-B-3357. The said vehicle met with an accident near Kammathmarikunte Gate, NH-150A road, Challakere with a lorry bearing Reg No.TN-05-AD-5342 because of which, the said Suresh expired. The accident happened due to rash and negligent driving of the lorry which was duly insured with respondent no.2- Insurance Company. The Tribunal has awarded a compensation of Rs.16,67,200/- along with interest at the rate of 9% p.a. from the date of petition till date of deposit. Not satisfied by the same, the petitioners who

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NC: 2023:KHC:31508 MFA No. 1947 of 2022

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are the wife, children and mother of the deceased have preferred this appeal.

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The accident occurred in the year 2016. The petitioners have not established the income of the deceased before the Tribunal. Hence, it is deemed appropriate to fix his income notionally as per the chart prepared by the Karnataka State Legal Services Authority in consultation with Insurance Companies which will be Rs.9,500/- per month. The deceased was aged 30 years at the time of the accident. Hence, a multiplier of '17' is adopted as per the law laid down by the Apex Court in SARLA VERMA & ORS V. DELHI TRANSPORT CORP.& ANR reported in 2009(6) SCC 121. Taking the income of the deceased at Rs.9,500/- per month, 40% has to be added to his income towards future prospects as per the law laid down by the Hon’ble Supreme Court in NATIONAL INSURANCE CO. LTD. V. PRANAY SETHI reported in (2017) 16 SCC 680. Further, the deceased, who had five dependants at the time of his death 1/4^th of his income has to be deducted towards his personal expenses. Thus, on the count of 'loss of dependency', the petitioners would be entitled to a sum of Rs.20,34,900/- (9,500/-x12x17+ 40% x 3/4).

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5 - NC: 2023:KHC:31508 MFA No. 1947 of 2022

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Petitioners are also entitled to a sum of Rs. 30,000/- towards 'loss of estate and funeral expenses'.

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Petitioners are all entitled to a sum of Rs.40,000/- each towards loss of consortium and thus together are entitled to Rs.2,00,000/- (40,000x5) under this head.

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Thus, the petitioners are entitled to a total compensation of Rs.22,64,900/- as against Rs.16,67,200/- awarded by the Tribunal. Accordingly, the petitioners are together entitled to an enhanced compensation of Rs.5,97,700/- over and above what has been awarded by the Tribunal (Rs.22,64,900 minus Rs.16,67,200/-). Further, given the bank rate of interest, I deem it appropriate to award interest at the rate of 6% p.a. on the enhanced compensation from the date of petition till realization. Hence, the following:

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ORDER

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(i) The appeal is allowed in part ;

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(ii) The petitioners are entitled to an enhanced compensation of Rs.5,97,700/- along with interest at the rate of 6% p.a. from the date of petition before the Tribunal till realization

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6 - NC: 2023:KHC:31508 MFA No. 1947 of 2022

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which shall be over and above what has been awarded by the Tribunal. However, the petitioners are not entitled to interest for a period of 712 days on the enhanced compensation, as there is a delay of 712 days in filing the appeal;

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(iii) Respondent No.2-Insurance company shall pay the enhanced compensation within a period of six weeks from the date of receipt of a certified copy of the judgment and order;

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(iv) Office to draw modified award accordingly.

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SD/JUDGE

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VMB

B R Jyothi v. v Ramesh

Case brief

What is this about?

What did the court decide?

B R Jyothi v. v Ramesh

Case brief

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