Partly allowed

Smt. Shantavva W/O. Basappa Kamatad v. the Divisional Manager

Karnataka HC1 Feb 2024MFA/101476/2022

Case brief

AI extract

What is this about?

In this miscellaneous first appeal under Section 173(1) of the Motor Vehicles Act, the High Court of Karnataka re-assessed compensation for road accident victims. The court enhanced the award from Rs.13,36,000/- to Rs.22,06,400/-.

What did the court decide?

Compensation enhanced to Rs.22,06,400/- with interest at 6% per annum from date of petition, less interest for 300 days delay in filing appeal.

Smt. Shantavva W/O. Basappa Kamatad Vs the… — Execution and Attachment | Karnataka HC (2024)

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NC: 2024:KHC-D:2280 MFA No. 101476 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 01^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V.SRISHANANDA MISCELLANEOUS FIRST APPEAL No.101476 OF 2022 (MV-D)

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BETWEEN:

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SMT. SHANTAVVA W/O. BASAPPA KAMATAD, AGE. 54 YEARS, OCC. COOLIE, R/O. GUTTAL, TQ. AND DT. HAVERI, PIN CODE-581108.

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SMT. DEEPA W/O. SHIDDAPPA KAMATAD, AGE. 29 YEARS, OCC. COOLIE, R/O. GUTTAL, TQ. AND DT. HAVERI, PIN CODE-581108.

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KUMARI. GAYATRI D/O. SHIDDAPPA KAMATAD, AGE. 09 YEARS, OCC. STUDENT, R/O. GUTTAL, TQ. AND DT. HAVERI, PIN CODE-581108.

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Digitally signed by SAMREEN AYUB DESHNUR Date: 2024.02.03 12:57:56 +0530

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KUMARI. MADHU D/O. SHIDDAPPA KAMATAD, AGE. 09 YEARS, OCC. STUDENT, R/O. GUTTAL, TQ. AND DT. HAVERI, PIN CODE-581108.

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(APPELLANT NO.3 AND 4 ARE MINORS R/BY THEIR NATURAL MOTHER I.E., APPELLANT NO.2 DEEPA W/O. SHIDDAPPA KAMATAD)

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…APPELLANTS

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(BY SRI. B.M. PATIL, ADVOCATE)

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2 - NC: 2024:KHC-D:2280 MFA No. 101476 of 2022

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AND:

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THE DIVISIONAL MANAGER, N.W.K.S.R.T.C., HAVERI, TQ. AND DIST. HAVERI-581110.

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THE MANAGER, SELF-INSURANCE FUND, N.W.K.S.R.T.C., HAVERI, TQ. AND DIST. HAVERI-581110.

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…RESPONDENTS

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(BY SRI. S.S. KOLIWAD, ADVOCATE FOR R1; R2 SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

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SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.02.2019 PASSED IN MVC NO.370/2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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NC: 2024:KHC-D:2280 MFA No. 101476 of 2022

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JUDGMENT

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Heard Sri B.M.Patil, advocate for appellants and Sri S.S.Koliwad, advocate for respondent No.1.

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Though the matter is listed for orders, with the consent of the parties, same is taken up for final disposal.

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Claimants are in appeal challenging the judgment and award dated 27.02.2019 passed in MVC No.370/2018 on the file of the Prl. Senior Civil Judge and MACT, Haveri, only with regard to the quantum of compensation.

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Admitted facts for disposal of the appeal are that, claimants are the dependents of Shiddappa, S/o Basappa Kamatad, who lost his life in a road traffic accident that occurred on 30.11.2017 at about 7.30 pm, involving the bus bearing registration No.KA-27/F-0516.

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The claim petition, on contest came to be allowed in part in a sum of Rs.13,86,000/- with interest at 6% per annum from the date of petition till realization. However, since Rs.50,000/was received by the claimants at the time of accident itself,

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4 - NC: 2024:KHC-D:2280 MFA No. 101476 of 2022

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same was given deduction to and respondent was ordered to pay Rs.13,36,000/-.

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Being aggrieved by the inadequacy of quantum of compensation, claimants are in appeal.

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Learned advocate for the appellant, reiterating the grounds urged in the appeal memorandum, contended that the Tribunal has not properly computed the monthly income and failed to add 40% towards future prospects following the dictum of the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranaya Sethi and others reported in 2017 ACJ 2700 and sought for enhancement.

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He also contended that no proper amount is awarded towards loss of consortium, following the dictum of the Hon’ble Apex Court in the case of Magma General Insurance Company Limited vs. Nanu Ram and others reported in 2018 ACJ 2783 and United India Insurance Co. Ltd. vs. Satinder Kaur alias Satwinder Kaur & Others reported in 2020 SCC Online SC 410 and sought for re-assessment of compensation.

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NC: 2024:KHC-D:2280 MFA No. 101476 of 2022

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Per contra, learned counsel for the Insurance Company supported the impugned judgment and award contending that as on the date of passing of the judgment, Tribunal has properly assessed the quantum of compensation and sought for dismissal of the appeal.

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Perused the material on record, meticulously, in view of the rival contentions of the parties.

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On such perusal of the material on record, it is established that Shiddappa lost his life in the road traffic accident, as aforesaid. The question of quantum of compensation is no longer res integra in view of the settled principles of law enunciated in the case of Pranaya Sethi, Magma General Insurance Company Limited, Satinder Kaur supra and Sarla Verma and others vs. Delhi Transport Corporation reported in 2009 ACJ 1298.

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Further, to calculate the loss of dependency, Tribunal was required to consider the income of the deceased at Rs.10,250/as the accident occurred in the year 2017, in the absence of proper proof of income.

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NC: 2024:KHC-D:2280 MFA No. 101476 of 2022

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Therefore, case is made out for re-assessment of

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compensation, which is re-assessed as under:

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Loss of dependency	Rs.20,66,400/-
(Rs.10,250/- (40% future prospects) + Rs.4,100/-=
Rs.14,350/- (1/4^thdeduction)-Rs.3,587.5=
Rs.10,762.5x12x16.
Loss of consortium	Rs.1,60,000/-
Loss of estate	Rs.15,000/-
Funeral expenses	Rs.15,000/-
TOTAL	Rs.22,56,400/-

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Therefore, claimants would be entitled to compensation in a sum of Rs.22,56,400/-. Since Rs.50,000/- is already paid, claimants would be entitled to Rs.22,06,400/- as against Rs.13,36,000/- awarded by the Tribunal.

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15. Accordingly, the following:

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ORDER

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(i) Appeal is allowed in part .

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(ii) As against Rs.13,36,000/-/- awarded by the Tribunal, claimants are entitled to compensation in a sum of Rs.22,06,400/with interest at 6% per annum from the date of petition till realization, less the

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7 - NC: 2024:KHC-D:2280 MFA No. 101476 of 2022

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interest for delayed period of 300 days in filing the appeal.

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(iii) Ordered accordingly.

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Sd/JUDGE

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kcm List No.: 1 Sl No.: 21

Smt. Shantavva W/O. Basappa Kamatad v. the Divisional Manager

Case brief

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Smt. Shantavva W/O. Basappa Kamatad v. the Divisional Manager

Case brief

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