Allowed

Gouramma W/O Irappa Herur v. Manjunath S/O Basappa Guled

Karnataka HC22 Jan 2024MFA/100794/2017

Case brief

AI extract

What is this about?

Appeal by mother of a man killed in a motorcycle accident challenging the Tribunal's award of Rs.3,71,000 as inadequate. Court enhanced compensation to Rs.8,33,000 applying Pranay Sethi principles on notional income, future prospects, personal deduction and filial consortium.

What did the court decide?

Compensation enhanced from Rs.3,71,000 to Rs.8,33,000 with 6% interest from date of petition, excluding delayed period of 2110 days; four weeks given to insurer to deposit balance.

Gouramma W/O Irappa Herur Vs Manjunath S/O Basappa… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:1749 MFA No. 100794 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V.SRISHANANDA

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MISCELLANEOUS FIRST APPEAL NO. 100794 OF 2017 (MV-D)

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BETWEEN:

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SMT. GOURAMMA W/O. IRAPPA HERUR, AGED: 44 YEARS, OCC: HOUSEHOLD, R/O. INAM NEERALAGI, TQ: HANGAL, NOW AT SHIVAJINAGAR, 3RD CROSS, HAVERI.

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…APPELLANT

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(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

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AND:

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MANJUNATH S/O. BASAPPA GULED, AGE: MAJOR, OCC: BUSINESS, R/O: HOTANAHALLI, TQ: SHIGGOAN, DIST: HAVERI-581100. (OWNER OF MOTOR CYCLE BEARING NO.KA-27/Q-1398).

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Digitally signed by SAMREEN SAMREEN AYUB AYUB DESHNUR DESHNUR Date:2024.02.08 15:29:15 +0530

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD, ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580023.

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…RESPONDENTS

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(BY SRI. S. S. JOSHI, ADV. FOR RESPONDENT NO.2, NOTICE TO RESPONDENT NO.1 DISPENSED WITH)

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THIS MICELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS. 3,71,000 TO RS.13,50,000/- BY MODIFYING THE JUDGMENT AND AWARD OF THE SENIOR CIVIL JUDGE AND AMACT, HAVERI DATED 19-02-2011 IN MVC NO.100/2010, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2024:KHC-D:1749 MFA No. 100794 of 2017

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JUDGMENT

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Though the matter is listed for orders by consent of

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the learned counsel for the parties, same is taken up for final disposal.

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Heard Sri.Chandrashekar Hosamane and

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Sri.S.S.Joshi, counsel.

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The present appeal is filed challenging the validity of the judgment and award passed in MVC No.100/2010 on the file of Senior Civil Judge and Addl. MACT, Haveri dated 19.02.2011, in granting in-appropriate compensation.

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Facts in brief which are utmost necessary for disposal of the present appeal are as under:

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4.1 Claimants being the dependants(parents) of Sri.Annappa S/o Irappa Herur who lost his life in road traffic accident on 24.08.2009 at about 7.30 p.m. on Harihar-Ekkambi road, near Kyasanur cross involving the motorcycle bearing No.KA-27/Q-1398 and another

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3 - NC: 2024:KHC-D:1749 MFA No. 100794 of 2017

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motorcycle bearing No.KA-22/S-5079 have preferred the claim petition.

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4.2 The claim petition was resisted by filing necessary written statement.

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4.3 Tribunal after raising necessary issues recorded the evidence of the claimants and insurance company, considered the oral and documentary evidence placed on record in a cumulative manner allowed the claim petition in part and granted a sum of Rs.3,71,000/as compensation with interest at 6% per annum from the date of petition till realization.

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Being aggrieved by the same, claimant is in appeal.

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Sri.Chandrashekar M. Hosamani, learned counsel for the appellant reiterating the grounds urged in appeal memorandum contended that the quantum of compensation awarded by the tribunal is incorrect having regard to the fact that tribunal has not properly assessed the monthly income and loss of future income.

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4 - NC: 2024:KHC-D:1749 MFA No. 100794 of 2017

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He also contended that the dictum of Hon’ble Apex

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Court in the case of National Insurance Company

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Limited vs. Pranay Sethi and Others reported in AIR 2017 SC 5157, United India Insurance Company Limited vs. Satinder Kaur alias Satwinder Kaur and Others reported in AIR 2020 SC 3076 and Magma General Insurance Company Limited vs. Nanu Ram and Others reported in 2018 ACJ 2782 has not been properly appreciated in the case on hand and sought for enhancement of compensation.

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Per contra, Sri.S.S.Joshi, counsel contended that as the principles of law existed governing the grant of compensation in respect of road traffic accident, the tribunal has rightly assessed the quantum of compensation and sought for dismissal of the appeal.

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In view of the rival contentions of the parties, this court has perused the material on record meticulously.

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On such perusal of the material on record, accidental death of Annappa Herur in a road traffic accident that took

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5 - NC: 2024:KHC-D:1749 MFA No. 100794 of 2017

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place on 24.08.2009 at about 7.30 pm in Harihar-Ekkambi road near Kyasanur cross involving the motorcycle bearing No.KA-27-Q-1398 and KA-22/S-5079 stands established by placing necessary oral and documentary evidence on record.

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Admittedly, there is no proper proof of income that has been furnished by the claimants before the tribunal. In such circumstances, for the accidental death of the year 2009, usually, the income would be assessed notionally in a sum of Rs.5,000/-.

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Further as per Pranay Sethi and Others, having regard to the age of the deceased being 19 years, he is entitled for addition of 40% of income. Further, since, the deceased is bachelor, there must be deduction of 50% towards personal expenses. Therefore, on the head loss of dependency, the claimants would be entitled to a sum of Rs.7,56,000/-(Rs.7,000X12X1/2X18).

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6 - NC: 2024:KHC-D:1749 MFA No. 100794 of 2017

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13. On the head of loss of estate, claimant would be

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entitled for Rs.16,500/- and for funeral expenses at Rs.16,500/-.

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Since, father of the deceased is died after dismissal of the claim petition, mother of the deceased is entitled for filial consortium of Rs.44,000/-. Accordingly, claimant would be entitled for the compensation as under:

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Sl.No.	Name of heads	Amount(Rs.)
1	Loss of dependency	7,56,000-00
2	Consortium	44,000-00
3	Funeral expenses	16500-00
4	Loss of estate	16500-00
	Total	8,33,000-00

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Accordingly, the following :

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ORDER

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i) Appeal is allowed.

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ii) As against compensation in a sum of Rs.3,71,000/- appellant would be entitled for

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7 - NC: 2024:KHC-D:1749 MFA No. 100794 of 2017

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compensation of Rs.8,33,000/- with interest at 6% per annum from the date of petition, till realization excluding interest for the delayed period of 2110 days.

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iii) Four weeks time is granted for insurance company to deposit balance amount.

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iv) Ordered accordingly.

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Sd/JUDGE

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HMB List No.: 1 Sl No.: 20

Gouramma W/O Irappa Herur v. Manjunath S/O Basappa Guled

Case brief

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Gouramma W/O Irappa Herur v. Manjunath S/O Basappa Guled

Case brief

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