Partly allowed

Smt. Lagamawwa W/O Late Kallappa Bukanatti v. the Divisional Controller

Karnataka HC27 Sept 2024MFA/102020/2017

Case brief

AI extract

What is this about?

A First Appeal filed by the legal heirs of a deceased person against the compensation awarded by the Motor Accident Claims Tribunal. The High Court re-assessed the deceased's income notionally, adjusted for dependent deduction and loss of future prospects, and enhanced the total compensation from Rs. 5.21 lakhs to Rs. 10.80 lakhs.

What did the court decide?

The award of the Tribunal is modified to pay total compensation of Rs. 10,80,200/- along with interest at 6% p.a. within six weeks.

Smt. Lagamawwa W/O Late Kallappa Bukanatti Vs the… — Execution and Attachment | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC-D:14117-DB MFA No. 102020 of 2017

¶2

IN THE HIGH COURT OF KARNATAKA,

¶3

DHARWAD BENCH

¶4

DATED THIS THE 27^TH DAY OF SEPTEMBER, 2024

¶5

PRESENT

¶6

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

¶7

AND

¶8

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

¶9

MISCELLANEOUS FIRST APPEAL NO. 102020 OF 2017 (MV-D)

¶10

BETWEEN:

¶11

SMT. LAGAMAWWA W/O. LATE KALLAPPA BUKANATTI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.2713, RAMTIRTH NAGAR, BELAGAVI, PIN CODE: 590017.

¶12

SMT.KAMALAWWA W/O. BALAPPA CHACHADI, AGE: 34 YEARS, OCC: SERVICE, R/O: H.NO.2713, RAMTIRTH NAGAR, BELAGAVI, PIN CODE: 590017.

¶13

Digitally signed by JAGADISH T R Location: High Court of Karnataka, Dharwad Bench

¶14

SHRI.MARUTI S/O. KALLAPPA BUKANATTI, AGE: 33 YEARS, OCC: MALI, R/O: H.NO.2713, RAMTIRTH NAGAR, BELAGAVI, PIN CODE: 590017.

¶15

SHRI.PRAKASH S/O. KALLAPPA BUKANATTI, AGE: 30 YEARS, OCC: STUDENT, R/O: H.NO.2713, RAMTIRTH NAGAR, BELAGAVI, PIN CODE: 590017.

¶16

…APPELLANTS

¶17

(BY SRI. SANJAY S. KATAGERI, ADVOCATE)

¶18

AND:

¶19

THE DIVISIONAL CONTROLLER, NWKSRTC (NWKRTC), DIVISIONAL OFFICE, BELAGAVI.

¶20

…RESPONDENT

¶21

(BY SRI. S. C. BHUTI, ADVOCATE)

¶22

2 - NC: 2024:KHC-D:14117-DB MFA No. 102020 of 2017

¶23

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.03.2017 PASSED IN MVC NO.388/2016 ON THE FILE OF THE IX-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶24

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶25

CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

¶26

ORAL JUDGMENT

¶27

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

¶28

This appeal is filed by the claimants seeking for higher

¶29

compensation being aggrieved by the judgment and award dated 03.03.2017 passed in MVC No.388/2016 by the IX Addl. District and Sessions Judge and Addl.MACT., Belagavi (for short, ‘Tribunal’).

¶30

2. Heard.

¶31

3. Sri. Sanjay S.Katageri, learned counsel appearing

¶32

for the appellants submits that the Tribunal committed grave error in assessing the income of the deceased at Rs.6,000/- per

¶33

month as he was working as a Mason and earning Rs.15,000/per month. It is submitted that the Tribunal has further

¶34

3 - NC: 2024:KHC-D:14117-DB MFA No. 102020 of 2017

¶35

committed an error in awarding meager compensation on all other heads and also the Tribunal committed grave error by not awarding any compensation under the head of loss of future prospects of the deceased. Thus, he seeks to re-assess the compensation by allowing the appeal.

¶36

4. Per contra , Sri.S.C.Bhuti, learned counsel appearing

¶37

for the respondent-Corporation supports the impugned judgment and award of the Tribunal and submits that the Tribunal has awarded just and fair compensation, hence, there is no scope to enhance the same. Thus, he seeks to dismiss the appeal.

¶38

5. We have heard the arguments of the learned counsel appearing for the appellant, learned counsel appearing for the respondent-Corporation and perused the material available on record.

¶39

6. The pleading and evidence on record indicate that one Sri.Kallappa Bukanatti aged about 52 years met with a road accident on 12.05.2015, sustained grievous injuries and succumbed to those injuries. The legal heirs of the deceased Kallappa filed the claim petition claiming that the deceased was

¶40

¶41

NC: 2024:KHC-D:14117-DB MFA No. 102020 of 2017

¶42

a Mason by avocation and earning Rs.15,000/- per month. The Tribunal considering the evidence, awarded total compensation of Rs.5,21,000/- along with interest at the rate of 6% p.a. The

¶43

claimants have not placed any evidence with regard to the income of the deceased. This Court re-assesse the income of the deceased notionally placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority at Rs.8,000/- per month. There is no dispute with regard to the age of the deceased and appropriate multiplier of 11. Considering the fact that there are four claimants, i.e. wife and children of the deceased, appropriate deduction would be 1/4^th . The claimants are entitled to an addition of 10% to the assessed income of the deceased under the head of loss of future prospects.

¶44

7. For the aforementioned reasons, the appellants are entitled for compensation under the following heads:

¶45

¶46

NC: 2024:KHC-D:14117-DB MFA No. 102020 of 2017

¶47

Particulars	Amount (in Rs.)
Loss of dependency	8,71,200/-
( Rs.8,000 + 10% X 12 X 11 X 3/4)
Loss of estate ( including 10% escalation)	16,500/-
Transportation of dead body and funeral expenses	16,500/-
( including 10% escalation)
Loss of consortium (Rs.44,000 [including 10% escalation] X 4 dependants)	1,76,000/-
Total	10,80,200/-

¶48

8. Thus, the claimant would be entitled to total compensation of Rs.10,80,200/- as against Rs.5,21,000/awarded by the Tribunal.

¶49

9. In the result, we proceed to pass the following:

¶50

ORDER

¶51

a) Appeal stands allowed in part .

¶52

b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.10,80,200/- as against Rs.5,21,000/awarded by the Tribunal.

¶53

c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.

¶54

¶55

NC: 2024:KHC-D:14117-DB MFA No. 102020 of 2017

¶56

d) Respondent-Corporation to pay the entire compensation amount along with interest to the appellants/claimants within a period of six weeks from today.

¶57

e) Apportionment, deposit and disbursement shall be made as per the award of the Tribunal.

¶58

f) Draw modified award accordingly.

¶59

Sd/(KRISHNA S.DIXIT) JUDGE

¶60

Sd/(VIJAYKUMAR A.PATIL) JUDGE

¶61

RH/ct-an List No.: 1 Sl No.: 30

Smt. Lagamawwa W/O Late Kallappa Bukanatti v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Smt. Lagamawwa W/O Late Kallappa Bukanatti v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Initiating Officer and Another Vs Shri Vittal Rangappa Durgannavar

Karnataka Neeravari Nigama Limited Vs the Special Land Acquisition Officer

The Managing Director Vs the S L a O

Karnataka Niravari Nigama Limited Vs the Special Land Acquisition Officer

Ukp Jamakhandi 587301 Vs Prabhu S/O Basappa Honawad Age 37 Years Occ Agriculture R/O Venkatapur Oni Lokapur Tq Mudhol

The Executive Engineer Vs the Special Land Acquision Officer