Partly allowed

Smt. Chaya v. Sri S Pradeep

Karnataka HC10 Oct 2023MFA/6092/2021

Case brief

AI extract

What is this about?

In a miscellaneous first appeal against a Motor Accident Claim award, the High Court enhanced the compensation awarded to the heirs of a deceased victim. The Court adjusted the deceased's notional income to Rs. 12,500 pm and recalculated dependency and other heads, increasing the total award significantly.

What did the court decide?

The appeal allowed in part; compensation enhanced to Rs. 26,05,000; insurer directed to deposit the amount with interest.

Smt. Chaya Vs Sri S Pradeep — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC:36972-DB MFA No. 6092 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE UMESH M ADIGA

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MISCELLANEOUS FIRST APPEAL NO. 6092 OF 2021 (MV-D)

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BETWEEN:

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SMT. CHAYA W/O LATE ASHOK

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AGED ABOUT 31 YEARS

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MASTER GAGAN

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S/O LATE ASHOK

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AGED ABOUT 09 YEARS

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Digitally signed by D HEMA Location: HIGH COURT OF KARNATAKA

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MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT. CHAYA I.E APPELLATN NO.1

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KUMARI SPOORTHY

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D/O LATE ASHOK

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AGED ABOUT 07 YEARS

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MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT. CHAYA I.E APPELLATN NO.1

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SMT. VANAJAKSHAMMA W/O KARIYAIAH

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AGED ABOUT 51 YEARS

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SRI KARIYAIAH S/O SANNA KARIYAIAH AGED ABOUT 71 YEARS

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ALL ARE R/AT BASAVARAJAPURA VILLAGE, K.R. NAGAR TALUK, MYSURU TALUK AND DISTRICT 571 602.

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…APPELLANTS

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(BY SRI. BHANU PRAKASH H. V., ADVOCATE)

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AND:

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SRI S. PRADEEP S/O SUBRAMANYAM AGED ABOUT 41 YEARS R/AT NO. 144, NARAYANASWAMY BUILDING, SATISHREDDY HOUSE, BEGUR ROAD, HONGASANDRA, BENGALURU 560 068. (OWNER OF THE MOTORCYCLE) BEARING NO. KA-01-HM-9858)

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THE DIVISIONAL MANGER HDFC GENERAL INSURANCE COMPNY LTD. MYSORE TRADE CENTRE, 2ND FLOOR, B.N. ROAD, NEAR KSRTC BUS STAND, MYSURU 570 001. (INSURER OF THE MOTORCYCLE BEARING NO. KA-01-HM-9858 VIDE POLICY NO. 2312201996709100000 VALID FROM 23.11.2017 TO 22.11.2018)

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADVOCATE FOR R2;

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V/O DATED 15.09.2023, NOTICE TO R1 IS DISPENSED WITH)

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NC: 2023:KHC:36972-DB MFA No. 6092 of 2021

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THIS MISCELLANEOUS FIRST APPEAL FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.01.2021 PASSED IN MVC NO.1133/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, UMESH M ADIGA J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This is the claimants appeal against judgment and award passed in MVC.No.1133/2018 on the file of I Additional District and Sessions Judge, Mysuru (hereinafter referred as ‘Tribunal’ for short) dated 30.01.2021 praying for enhancement of compensation.

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This matter is slated for hearing for ‘Admission’, and with the consent of learned counsel for both the sides, the matter is taken up for ‘Final Disposal’.

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It is the case of the claimants that while deceased

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Ashok was proceeding on his motor cycle bearing registration No.KA-45-L-8573 on 29.07.2018, he met with an accident near Sagarakatte river bridge, Yelwala Hobli, due to rash and negligent riding of motor cycle bearing registration No.KA-01-HM-9858; Due to the impact, deceased Ashok fell down from his vehicle and sustained grievous head injuries and while undergoing treatment in JSS Hospital, Mysuru, he succumbed to injuries on 31.07.2018.

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It is further the case of the claimants that deceased Ashok was aged about 30 years. He was hale and healthy and he was coolie and was earning Rs.20,000/- per month. The claimants being wife, children and parents of the deceased Ashok were depending upon the earnings of deceased. With these reasons, they prayed to award compensation of Rs.52,50,000/-.

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Respondent No.2 – Insurer contended before the Tribunal that accident had taken place due to rash and negligent riding of motor cycle by the deceased. It has denied other averments stated in the claim petition. It has also contended that its liability is restricted to terms and conditions of policy of insurance and holding of effective and valid driving license from the rider of the motor cycle. With these reasons, prayed to dismiss the claim petition.

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From the rival contentions of the parties, the Tribunal has framed the necessary issues for the consideration.

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The claimant examined PW1 and got marked Exs.P1

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to P10. Respondent No.2 examined RW1 and got marked Exs.R1 and R2.

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The Tribunal after hearing both the parties and on appreciating pleadings and evidence on record, held that accident had taken place due to rash and negligent riding of motor cycle bearing registration No.KA-01-HM-9858 by

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its rider and due to the said accident Ashok sustained grievous injuries and succumbed to the injuries.

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The Tribunal assessed the income of the deceased as Rs.9,000/- per month and his age as 34 years, added 40% of his income towards ‘Future Prospects’, deducted 1/4^th of his income towards ‘Personal expenses’ and awarded compensation for ‘loss of dependency’. The Tribunal has

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awarded the following amount of compensation by the impugned judgment:

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SL.NO	PARTICULARS	AMOUNT IN (RS.)
1.	Loss of dependency	18,15,000
2.	Loss of estate	15,000
3.	Loss of love and affection	25,000
4.	Funeral expenses	15,000
5.	Filial consortium	40,000
	Total	19,10,000

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We have heard the arguments of learned counsel for both the sides.

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The learned counsel for appellant has submitted that income of the deceased is considered as Rs.9,000/- p.m.,

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though claimants have led evidence to prove that deceased was earning Rs.20,000/- p.m. The Tribunal has not awarded proper compensation under other heads. Therefore, prayed to enhance the amount of compensation.

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Learned counsel for respondent – Insurer has submitted that the Tribunal has considered the contentions of the claimant properly and considering the materials available on record, awarded the compensation and it does not call for any interference.

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The moot question that arises for determination in this appeal is”

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“Whether the claimants are entitled for enhancement

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of compensation”.

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It is not in dispute that deceased Ashok met with an accident due to rash and negligent riding of the offending motor cycle bearing registration No.KA-01-HM-9858 by its

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rider. The said finding is not challenged by the

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respondents. The Tribunal on appreciating the materials available on record rightly held that accident has taken place due to rash and negligent driving of the offending motor cycle by its rider.

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It is the case of the claimant that he was an agriculturist and was earning Rs.20,000/- per month. Except his self serving statement, there are no materials on record to prove the said contention. Therefore, the Tribunal has assessed the notional income of the deceased as Rs.9,000/- per month. The said income assessed by the deceased is on the lower side. Even while settling of motor vehicle claim petitions before the lok adalath, income of the victim of an accident of the year 2018 is taken as Rs.12,500/- per month and the same is to be applied to the facts of the present case.

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It is not in dispute that the deceased was aged about 34 years. Therefore, 40% of his income has to be added towards ‘Future prospects’. He left behind him five

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NC: 2023:KHC:36972-DB MFA No. 6092 of 2021

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dependents and hence ¼ of his income has to be deducted

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towards ‘Personal expenses’.

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Salary per month Add: 40%	Rs. 12,500 Rs. 5,000
Total Less: 1/4^th	Rs. 17,500
towards personal expenses	Rs. 4,375
Net income per month	Rs. 13,125

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Multiplier in this case admittedly is ‘16’. Therefore, amount of compensation to be awarded under the head of

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‘loss of dependency’ is Rs.13,125x12x16=Rs.25,20,000/-.

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As held in the case of National Insurance Company Limited Vs. Pranay Sethi and Others¹ as well as SHRI RAM GENERAL INSURANCE COMPANY

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LIMITED Vs. BHAGAT SINGH RAWAT & ORS² , t he claimants are entitled for the compensation under

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1 AIR (2017) SC 5157

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2 C ivil Appeal Nos.2410-2412/2023 dated 27.03.2023

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conventional heads. Accordingly the claimants are entitled

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for following compensation:

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SL.NO	PARTICULARS	AMOUNT IN (RS.)
1.	Loss of dependency	25,20,000
2.	Loss of consortium	48,400
2.	Loss of estate	18,150
3.	Funeral expenses	18,150
	Total	26,04,700

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In all, claimants are entitled for enhancement of

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Rs.6,94,700/-, which is rounded off to Rs.6,95,000/-.

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18. For the aforesaid discussions, we answer the above said question ‘Partly-in-the-affirmative’ and pass the following:

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ORDER

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i. Appeal is allowed in part.

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ii. The impugned judgment and award passed by the Tribunal in MVC.No.1133/2018 dated 30.01.2021

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is modified as under:

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a. The claimants are entitled for compensation of Rs.26,05,000/as against Rs.19,10,000/and entitled for enhancement of compensation of Rs.6,95,000/- with interest @ 6% per annum on the

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