Partly allowed

Smt. Savita W/O. Kallappa Halamani v. Shri. Ramesh S/O. Mallappa Channapur

Karnataka HC4 Oct 2023MFA.CROB/100001/2018

Case brief

AI extract

What is this about?

This High Court modified the compensation awarded in a motor accident case. The court reduced the total compensation to Rs.26,35,440/- by re-calculating dependency loss and interest, aligning with Supreme Court precedents on future prospects and personal expenses, while dismissing the claimants' cross-objections for enhancement.

What did the court decide?

Claimants entitled to Rs.26,35,440/- with interest at 6% p.a. The impugned award is modified. Insurer to deposit amount within six weeks.

Smt. Savita W/O. Kallappa Halamani Vs Shri. Ramesh… — Motor Accident Claims | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:11659-DB MFA No.104233 of 2017 C/W MFA.CROB No.100001 of 2018

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 4^TH DAY OF OCTOBER, 2023

¶5

PRESENT

¶6

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

¶7

AND

¶8

THE HON'BLE MR JUSTICE G BASAVARAJA

¶9

MISCELLANEOUS FIRST APPEAL NO.104233 OF 2017 (MV-D) C/W MFA CROSS OBJ NO.100001 OF 2018

¶10

IN MFA NO.104233 OF 2017:

¶11

BETWEEN:

¶12

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., BRANCH NIPPANI, THROUGH ITS DIVISIONAL OFFICE, RAMADEV GALLI, BELAGAVI, REP. BY ITS AUTHORIZED SIGNATORY ADMINISTRATIVE OFFICER, ALLAMAPRABHU ISHWARAPPA KUBSAD.

¶13

…APPELLANT

¶14

(BY SRI. GANGADHAR S. HOSAKERI, ADVOCATE)

¶15

AND:

¶16

JAGADISH T R HIGH COURT OF KARNATAKA DHARWAD BENCH 2023.10.12 12:41:34 +0530

¶17

SMT. SAVITA W/O. KALLAPPA HALAMANI, AGED: 28 YEARS, OCC: HOUSE HOLD, R/O: MOLE, TQ: ATHANI, DIST: BELAGAVI-591303.

¶18

KUMAR. MALLIKARJUNA S/O. KALLAPPA HALAMANI, AGED: 8 YEARS OCC: HOUSE HOLD, R/O: MOLE, TQ: ATHANI, DIST: BELAGAVI-591303.

¶19

KUMARI. BOURAMMA D/O. KALLAPPA HALAMANI, AGED: 6 YEARS, OCC: STUDENT, R/O: MOLE, TQ: ATHANI, DIST: BELAGAVI-591303.

¶20

2 - NC: 2023:KHC-D:11659-DB MFA No.104233 of 2017 C/W MFA.CROB No.100001 of 2018

¶21

KUMARI. PRATIBHA D/O. KALLAPPA HALAMANI, AGED: 4 YEARS, OCC: NIL, R/O: MOLE, TQ: ATHANI, DIST: BELAGAVI-591303,

¶22

(SINCE RESPT NO. 2 TO 4 ARE MINOR’S REP. BY NATURAL MOTHER PETITIONER NO.1)

¶23

SMT. SHIVALINGAVVA W/O. RAYAPPA HALAMANI AGED: 66 YEARS, OCC: HOUSE HOLD, R/O: MOLE, TQ: ATHANI, DIST: BELAGAVI-591303.

¶24

SHRI. RAYAPPA S/O. TAMANNA HALAMANI AGED: 71 YEARS, OCC: HOUSE HOLD, R/O: MOLE, TQ: ATHANI, DIST: BELAGAVI-591303.

¶25

SHRI. RAMESH S/O. MALLAPPA CHANNAPUR AGED: 43 YEARS, OCC: AGRICULTURE, R/O: RADERHATTI, TQ: ATHANI, DIST: BELAGAVI-591304.

¶26

THE DIVISIONAL MANAGER NWKRTC CHIKKODI DIVISION, THROUGH ITS REGIONAL OFFICE, NWKRTC, BELAGAVI-591304.

¶27

…RESPONDENTS

¶28

(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE FOR R1 TO R6 SRI. S.C.BHUTI, ADVOCATE FOR R8) (R7-SERVED)

¶29

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.09.2017 PASSED IN MVC NO.1136/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AWARDING THE COMPENSATION OF RS.29,01,000/-, ALONG WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

¶30

¶31

NC: 2023:KHC-D:11659-DB MFA No.104233 of 2017 C/W MFA.CROB No.100001 of 2018

¶32

IN MFA CROB. NO.100001 OF 2018:

¶33

BETWEEN:

¶34

SMT. SAVITA W/O. KALLAPPA HALAMANI AGE: 29 YEARS, OCC: HOUSEHOLD, R/O. MOLE, TQ:ATHANI, DIST: BELAGAVI.

¶35

KUMAR MALLIKARJUN S/O. KALLAPPA HALAMANI, AGE: 9 YEARS, OCC: STUDENT, R/O. MOLE, TQ: ATHANI, DIST: BELAGAVI.

¶36

KUMARI BOURAMMA D/O. KALLAPPA HALAMANI, AGE: 7 YEARS, OCC: STUDENT, R/O. MOLE, TQ: ATHANI, DIST: BELAGAVI.

¶37

KUMARI PRATIBHA D/O. KALLAPPA HALAMANI, AGE: 5 YEARS, OCC: NIL, R/O. MOLE, TQ: ATHANI, DIST: BELAGAVI.

¶38

APPELLANT Nos.2 TO 4 ARE MINORS R/BY NATURAL GUARDIAN CROSS/OBJECTOR NO.1.

¶39

SMT. SHIVAGANGAVVA W/O. RAYAPPA HALAMANI, AGE: 67 YEARS, OCC: HOUSEHOLD, R/O. MOLE, TQ: ATHANI, DIST: BELAGAVI.

¶40

SHRI. RAYAPPA S/O. TAMMANNA HALAMANI, AGE: 72 YEARS, OCC: NIL, R/O. MOLE, TQ: ATHANI, DIST: BELAGAVI.

¶41

…APPELLANTS

¶42

(BY SMT. GEETHA K.M @ PAWAR, ADVOCATE)

¶43

4 - NC: 2023:KHC-D:11659-DB MFA No.104233 of 2017 C/W MFA.CROB No.100001 of 2018

¶44

AND:

¶45

SHRI. RAMESH S/O. MALLAPPA CHANNAPUR, AGE: 42 YEARS, OCC: AGRICUALTURE, R/O. RADERHATTI, TQ: ATHANI, DIST: BELAGAVI. (OWNER OF MAHINDRA TRACTOR BEARING NO. KA-23/TA6437 AND ITS TRAILERS NO. KA23/TB5269/5270).

¶46

THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. BRANCH NIPPANI, THROUGH ITS DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, (INSURER OF THE MAHINDRA TRACTOR BEARING NO. KA-23/TA6437 AND ITS TRAILERS NO. KA23/TB5269/5270).

¶47

THE DIVISIONAL CONTROLLER NWKRTC, CHIKKODI DIVISION, THROUGH ITS REGIONAL OFFICE, NWKRTC, BELAGAVI, (OWNER OF NWKRTC BUS NO. KA42/F670).

¶48

…RESPONDENTS

¶49

(BY SRI. GANGADHAR S.HOSAKERI, ADVOCATE FOR R2; SRI.S.C.BHUTI, ADVOCATE FOR R3)

¶50

(R1- DISPENSED WITH)

¶51

THIS MFA.CROB IN MFA NO.104233/2017 FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED 06.09.2017 PASSED IN MVC NO. 1136/2016 ON THE FILE OF THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶52

THIS APPEAL AND MFA CROSS OBJ. COMING ON FOR HEARING, THIS DAY, S.R.KRISHNA KUMAR, J., DELIVERED THE FOLLOWING:

¶53

5 - NC: 2023:KHC-D:11659-DB MFA No.104233 of 2017 C/W MFA.CROB No.100001 of 2018

¶54

JUDGMENT

¶55

The appeal and the cross-objections arise out of the impugned judgment and award dated 06.09.2017 passed in M.V.C. No.1136/2016 by the XI Additional District & Sessions Judge, and Additional Motor Accident Claims Tribunal, Belagavi (for short, ‘the Tribunal’), whereby the said claim petition filed by the claimant seeking compensation towards demise of one Kallappa Halamani, who died in a fatal road traffic accident that occurred on 06.03.2016, was allowed by the Tribunal which awarded compensation in a sum of Rs.29,01,000/- along with interest at 9% per annum from the date of petition till realization.

¶56

The appeal in M.F.A. No.104233/2017 is preferred by the insurance company challenging the quantum of compensation awarded by the Tribunal, while M.F.A. Crob No.100001/2018 is preferred by the claimants seeking enhancement of compensation.

¶57

6 - NC: 2023:KHC-D:11659-DB MFA No.104233 of 2017 C/W MFA.CROB No.100001 of 2018

¶58

The material on record discloses that the

¶59

occurrence of the accident as well as the liability of the insurance company to pay compensation are not in dispute, and the present appeal and cross-objections are restricted to quantum of compensation awarded by the Tribunal.

¶60

A perusal of the impugned judgment and award

¶61

will indicate that the Tribunal has correctly and properly appreciated the entire material on record and has awarded the compensation as can be seen from the same. However, the Tribunal has committed an error in adding 50% of the income of the deceased towards ‘future prospects’; in deducting 1/4^th of the income towards personal expenses of the deceased; and also in awarding compensation under conventional heads; and the interest on the compensation at 9% per annum. In view of the judgments of the Apex Court in the case of Sarla Verma & Others Vs. Delhi Transport Corporation and Another¹ ,

¶62

1 (2009)6 SCC 121

¶63

7 - NC: 2023:KHC-D:11659-DB MFA No.104233 of 2017 C/W MFA.CROB No.100001 of 2018

¶64

National Insurance Co. Ltd. Vs. Pranay Sethi² , and Magma General Insurance Co. Ltd. Vs. Nanu Ram & Ors.³ , with regard to addition of notional income towards ‘future prospects’ at 40%, deduction towards personal expenses of the deceased at 1/5^th of the income as there are six dependants, awarding of compensation under the head

¶65

‘loss of dependency’ and conventional heads, the compensation payable in favour of the claimants needs to

¶66

be reduced by re-working the same as under:

¶67

1)	Loss of dependency [Rs.11,000 + 40% = Rs.15,400_less_ Rs.3,080 (1/5^thof Rs.15,400 = Rs.12,320 x 12 x 16)]	Rs.	23,65,440/-
2)	Loss of consortium to claimants No.1 to 6	Rs.	2,40,000/-
3)	Loss of estate	Rs.	15,000/-
4)	Towards funeral expenses	Rs.	15,000/-
	Total	Rs.	26,35,440/-

¶68

Thus, the claimants are entitled to reduced compensation

¶69

of Rs.26,35,440/-.

¶70

The Tribunal has awarded the interest payable

¶71

on the compensation at 9% per annum. The same is

¶72

2 (2017)16 SCC 680

¶73

3 2018 ACJ 2782

¶74

8 - NC: 2023:KHC-D:11659-DB MFA No.104233 of 2017 C/W MFA.CROB No.100001 of 2018

¶75

reduced to 6% per annum, and the compensation of Rs.26,35,440/-, re-assessed by this Court, will carry interest at 6% per annum from the date of claim petition till realization.

¶76

In the result, we pass the following:

¶77

ORDER

¶78

i) The appeal – M.F.A. No.104233 of 2017 filed by the insurance company is hereby allowed in part.

¶79

ii) The cross-objections – M.F.A. Crob No.100001 of 2018 filed by the claimants is dismissed.

¶80

iii) The impugned judgment and award, dated 06.09.2017, passed in M.V.C. No.1136/2016 by the Tribunal is hereby modified.

¶81

iv) The claimants are entitled to a total compensation of Rs.26,35,440/- with interest at the rate of 6% per annum from the date of claim petition till realization.

¶82