Partly allowed

Annavva Bhairappa Badiger v. the Divisional Controller

Karnataka HC9 Aug 2024MFA/103121/2014

Case brief

AI extract

What is this about?

Claimants appealed inadequate compensation for their mother's death in a 2012 road accident. The court applied the Lok-Adalat notional income chart, raised monthly income to Rs.6,500, awarded consortium to the three daughters and enhanced total compensation by Rs.2,60,000 with 6% interest.

What did the court decide?

Enhanced compensation of Rs.2,60,000 with 6% p.a. interest from date of petition; respondent to deposit before Tribunal within six weeks; entire amount released to appellants.

Annavva Bhairappa Badiger Vs the Divisional Controller — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:11361 MFA No. 103121 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF AUGUST 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 103121 OF 2014

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BETWEEN:

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SMT. ANNAVVA BHAIRAPPA BADIGER, AGE: 42 YEARS, OCC: HOUSEHOLD WORK,

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SMT. RATNAVVA TUKARAM BADIGER, AGE: 41 YEARS, OCC: HOUSEHOLD WORK,

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SMT. GANGUBAI SAKHARAM LOHAR, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, ALL ARE R/O. KAKATI, TAL: BELGAUM

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…APPELLANTS

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(BY SRI. VITTHAL S. TELI, ADVOCATE)

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AND:

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Location: YASHAVANT HIGH NARAYANKAR COURT OF KARNATAKA

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THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CHIKODI DIVISION, CHIKODI.

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…RESPONDENT

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(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)

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THIS MFA FILED U/SEC.173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DATED 17.07.2014 IN MVC.NO.2846/2012 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT, BELGAUM, IN AWARDING THE COMPENSATION OF RS.1,55,000/AND INTEREST AT RATE FO 6% FROM THE DATE OF PETITON MAY BE KINDLY MODIFIED BY ENHANCING COMPENSATION AS PRAYED FOR WITH 18% INTEREST, IN THE INTEREST OF JUSTICE AND EQUITY.

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2 - NC: 2024:KHC-D:11361 MFA No. 103121 of 2014

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the appellants/claimants

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aggrieved by inadequate compensation awarded by the Tribunal in MVC No.2846/2012 dated 17.07.2014 by the III Addl. Senior Civil Judge and MACT, Belgaum.

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The mother of the appellants/claimants died in road traffic accident. The appellants/claimants being daughters, made a claim for compensation and the Tribunal has awarded Rs.1,55,000/- with 6% interest. The appellants/claimants being aggrieved by inadequate compensation awarded, they have filed this appeal.

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Heard learned counsel for the appellants and learned counsel for the respondent.

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The learned counsel for the appellants would contend that the accident has occurred in the year 2012 and the Tribunal has taken notional income of the

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3 - NC: 2024:KHC-D:11361 MFA No. 103121 of 2014

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deceased at Rs.3,000/- per month, it ought to have taken Rs.6,500/- as per chart prepared by legal service authority

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for the purpose of Lok-Adalat. He submits that the Tribunal has not awarded consortium but only awarded Rs.10,000/- towards loss of love and affection. He contends that the appellants/claimants being daughters

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are entitled to consortium in a sum of Rs.1,20,000/-(40,000x3). The Tribunal has awarded Rs.25,000/- towards transportation of dead body and funeral expenses but it ought to have awarded Rs.30,000/- under the said head. On these grounds, he prayed to allow the appeal.

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The learned counsel for the respondent would contend that the Tribunal has rightly taken the income of the deceased and compensation awarded is just and proper.

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Having heard the learned counsels, the Court

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has perused the impugned judgment and trial Court records. The deceased was aged about 67 years as on the

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4 - NC: 2024:KHC-D:11361 MFA No. 103121 of 2014

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date of accident. The accident occurred in the year 2012.

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As per the chart prepared for settlement of the cases before Lok-Adalat by the legal service authority, notional income for the year 2012 has to be taken at Rs.6,500/per month. The Tribunal ought to have taken the monthly income of the deceased at Rs.6,500/- as against Rs.3,000/-. Therefore, the appellants are entitled to compensation for loss of dependency would be:

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6500 x 12 x 5 x 2/3 =2,60,000/-

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The appellants being daughters of the deceased, they are entitled for consortium in a sum of Rs.1,20,000/-(40,000x3). The appellants/petitioners are also entitled to Rs.30,000/- towards transportation of dead body and funeral expenses and loss of estate as against Rs.25,000/- awarded by the Tribunal.

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In view of the above, the appellants are entitled to compensation of Rs.4,10,000/as against Rs.1,50,000/- awarded by the Tribunal. Therefore, the

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5 - NC: 2024:KHC-D:11361 MFA No. 103121 of 2014

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appellants are entitled to enhanced compensation of

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Rs.2,60,000/- with interest.

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In the result, the following:

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ORDER

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i. The appeal is allowed in part with cost.

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ii. The appellants are entitled to enhanced compensation of Rs.2,60,000/- with interest at the rate of 6% p.a. from the date of petition till realization.

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iii. The respondent is directed to deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this order.

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iv. The entire enhanced compensation shall be release to the appellants.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM, CT:ANB List No.: 1 Sl No.: 35

Annavva Bhairappa Badiger v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Annavva Bhairappa Badiger 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

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