Partly allowed

Kamala v. S. v Yogish

Karnataka HC12 Dec 2023MFA/896/2019

Case brief

AI extract

What is this about?

The High Court allowed a First Appeal under Section 173(1) of the MV Act against an award of Rs.11,05,000/- granted for death in a motor vehicle accident. Acknowledging inability to verify higher claimed income due to lack of evidence, the Court recalculated compensation based on an income assumption of Rs.9,000/- plus dependants' contribution. It enhanced the total compensation to Rs.21,90,800/-,

What did the court decide?

Compensation enhanced from Rs.11,05,000/- to Rs.21,90,800/- to be paid by the insurance company within eight weeks with 6% interest from date of petition.

Kamala Vs S. v. Yogish — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:45214 MFA No. 896 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 896 OF 2019 (MV-D)

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BETWEEN:

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KAMALA

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W/O LATE NAVEEN @ NAVEENKUMAR, AGED ABOUT 25 YEARS,

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NITHIN , AGED ABOUT 6 YEARS,

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LOHITHA, AGED ABOUT 4 YEARS,

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UMESH BOVI, AGED ABOUT 52 YEARS, W/O HANUMANTHA BOVI,

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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CHOWDAMMA,

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AGED ABOUT 48 YEARS, W/O UMESHA BOVI,

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ALL ARE R/O BOVI COLONY, 'D' KAREALLI, SAKHARAYAPATTANA HOBLI, KADUR-TQ, CHIKKAMANGALURU DIST - 577 135.

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THE APPELLANT NO. 2 AND 3 ARE MINORS REPRESENTED BY NATURAL GUARDIAN IST APPELLANT MOTHER. …APPELLANTS

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(BY SRI. HIREMATHAD R, ADVOCATE)

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NC: 2023:KHC:45214 MFA No. 896 of 2019

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AND:

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S. V. YOGISH, S/O VIRUPAKSHAPPA, AGED ABOUT 29 YEARS, R/O SINGANAHALLI VILLAGE, ARASIKERE TQ, HASSAN DIST - 573 103, DRIVER CUM OWNER OF THE BOLERO BEARING REG NO.KA-13-A-5879, DL.NO.KA-41-20100003770 DATED 5.3.2030.

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THE MANAGER,UNITED INDIA INS.CO.LTD., SALDANHA BUILDING BRIDGE ROAD, BALMATA - 575 001, SOUTH CANARA, MANGALURU, (P.NO.0708033114P 107394481 DATE 09-12-2015)

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…RESPONDENTS

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(BY SRI. RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 10.11.2022 NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 05/07/2018, PASSED IN MVC NO.32/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MMACT, KADUR, CHIKKAMAGALUR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:45214 MFA No. 896 of 2019

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JUDGMENT

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Aggrieved by the award passed in MVC No.32/2016 dated 05.07.2018, the claimants are before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.20,00,000/- for the death of the deceased in the accident. The Tribunal had granted compensation of an amount of Rs.11,05,000/-.

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It is the case of the claimant that the age of the

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deceased is 26 years and he was working as a coolie and earning an amount of Rs.15,000/- per month. As there was no evidence, the Court below had taken an amount of Rs.9,000/- as the income and under the head of loss of dependency had granted an amount of Rs.10,20,000/-, towards loss of consortium an amount of Rs.40,000/-, towards loss of love and affection an amount of Rs.25,000/-, towards funeral expenses an amount of Rs.15,000/-, towards transportation of dead body an

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NC: 2023:KHC:45214 MFA No. 896 of 2019

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amount of Rs.15,000/was granted. Altogether, compensation of an amount of Rs.11,05,000/- was

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granted by the Court below.

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Learned counsel appearing for the

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appellant/claimant submits that the Court below ought to have taken the income of the claimant at Rs.15,000/- per month. It is submitted that he is aged 26 years and future prospects were considered by the Court below and granted meager compensation of an amount of Rs.11,05,000/-.

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Learned counsel appearing for the Insurance

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Company submits that the Court below had rightly considered all the aspects and granted reasonable compensation and no grounds are made out for seeking enhancement of the compensation.

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Having heard the learned counsel on either side,

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perused the entire material on record. In this case,

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NC: 2023:KHC:45214 MFA No. 896 of 2019

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according to the claimant, he was earning an amount of Rs.15,000/- per month. As no evidence was placed on

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record, the Court below had taken the income at Rs.9,000/-. This is an accident of the year 2015. In the considered opinion of this Court, the Court below had rightly taken the income at Rs.9,000/- and no interference is called for. As rightly pointed out by the learned counsel for the appellant, the deceased is 26 years and future prospects at 40% comes to Rs.3,600/(Rs.3,600+Rs.9,000 = Rs.12,600/-). There are five

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claimants 1/3rd has to be deducted towards personal expenses and his contribution to the family comes to Rs.9,450x12x17 = Rs.19,27,800/- . There are five claimants i.e., wife, three children and parents, they are entitled for consortium at 44,000x5 = Rs.2,20,000/- . Towards funeral expenses , this Court is granting an amount of Rs.33,000/- .

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In the light of the law laid down by the Hon'ble

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Supreme Court in the case of V.MEKALA vs. M.

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6 - NC: 2023:KHC:45214 MFA No. 896 of 2019

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MALATHI AND ANOTHER¹ , the claimant is entitled for an

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amount of Rs.10,000/- towards legal expenses .

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Altogether, the claimant is entitled for compensation of an amount of Rs.21,90,800/- .

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The claimant is therefore, entitled to the

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compensation under the following heads:

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	Heads		C	ompensation Awarded
1.	Loss of dependency	:	Rs.	19,27,800/-
2.	Consortium	:	Rs.	2,20,000/-
3.	Funeral expenses	:	Rs.	33,000/-
4.	Loss of income during the laid up period	:	Rs.	36,000/-
5.	Legal Expenses	:	Rs.	10,000/-
	TOTAL	:	Rs.	21,90,800/-

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Accordingly, the appeal is allowed-in-part , by

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enhancing the compensation from an amount of

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1 (2014) 11 SCC 178

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NC: 2023:KHC:45214 MFA No. 896 of 2019

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Rs.11,05,000/- to Rs.21,90,800/- setting aside the award passed in MVC No.32/2016 dated 05.07.2018.

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i. The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization.

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ii. The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

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iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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iv. No costs.

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NC: 2023:KHC:45214 MFA No. 896 of 2019

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Pending miscellaneous petitions, if any, shall stand

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closed.

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Sd/JUDGE

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MEG List No.: 1 Sl No.: 47 CT: BHK

Kamala v. S. v Yogish

Case brief

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Kamala v. S. v Yogish

Case brief

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