Partly allowed

Hemavati W/O Vasant Kolakar v. Santosh S/O Ramanna Harapanahalli

Karnataka HC12 Sept 2024MFA/104027/2016

Case brief

AI extract

What is this about?

In a Motor Vehicle Case, the High Court Enhanced the compensation awarded by the principal Senior Civil Judge from Rs.8,39,034/- to Rs.11,44,434/- by reconsidering the income calculation and adjusting various heads. The court also increased the interest rate to 6% p.a. and directed the respondent to deposit the amount within six weeks.

What did the court decide?

Allowed in part. Enhanced compensation awarded at Rs.3,05,400/- with interest at 6% p.a. Court directed respondent to deposit amount within six weeks, failing which 9% p.a. interest is payable.

Hemavati W/O Vasant Kolakar Vs Santosh S/O Ramanna… — Motor Accident Claims | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-D:13047 MFA No. 104027 of 2016

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12^TH DAY OF SEPTEMBER 2024 BEFORE

¶4

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶5

MISCELLANEOUS FIRST APPEAL NO. 104027 OF 2016

¶6

BETWEEN:

¶7

SMT. HEMAVATI W/O VASANT KOLAKAR, AGE: 41 YEARS, OCC: SERVICE, R/O: C/O MADUKAR TAMMANNAVAR, H.NO.1325, BHIM NAGAR, CHIKKODI, DIST: BELAGAVI, NOW AT DHARWAD-580001.

¶8

…APPELLANT

¶9

(BY SRI. HARISH S. MAIGUR AND SRI. K.H. KAZI, ADVOCATES)

¶10

AND:

¶11

SANTOSH S/O. RAMANNA HARAPANAHALLI, AGE: MAJOR, OCC: BUSINESS, R/O: 14, TABIBALAND, MANTUR ROAD, HUBBALLI-580020, DIST: DHARWAD.

¶12

THE DIVISIONAL MANAGER, UNIVERSAL SAMPO GENERAL INSURANCE CO.LTD., 2^ND FLOOR, 84, RAMSON COMPLEX, P.B.ROAD - 580020, HUBBALLI.

¶13

BHARATHI H M

¶14

Location: HIGH COURT OF KARNATAKA

¶15

SHAFI S/O. MARDAN KANGALI, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.132, D.TALNA, BATKAL-581320.

¶16

…RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE; NOTICE TO R1 & R2 DISPNSED WITH) THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.240/2014, ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE & ADDL. MACT., DHARWAD, DATED 30.08.2016 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.

¶17

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

¶18

2 - NC: 2024:KHC-D:13047 MFA No. 104027 of 2016

¶19

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶20

ORAL JUDGMENT

¶21

This appeal is filed by the claimant seeking enhancement of the compensation awarded by the Tribunal by judgment dated 30.08.2016 passed in MVC No.240/2014 by Prl. Senior Civil Judge and Addl. MACT, Dharwad.

¶22

The case of the claimant in brief is as under:

¶23

On 07.02.2013 at about 11.30 p.m., the deceased

¶24

Prasad Kolekar was proceeding as a pillion rider on the motor cycle bearing Reg.No.KA-47/H-7518 from Hubli towards Dharwad side, the rider of the said motor cycle was riding the same in a rash and negligent manner, at that time the driver of the car bearing Reg.No.KA-25/C2600 came from Dharwad towards Hubli in a rash and negligent manner and both the drivers have lost control over their respective vehicles and dashed to each other and caused accident. Due to the accident the deceased Prasad fell down and sustained fatal injuries over the

¶25

3 - NC: 2024:KHC-D:13047 MFA No. 104027 of 2016

¶26

body. After the accident Prasad was shifted to SDM, Hospital and while taking treatment deceased Prasad died in the said Hospital. Prior to the accident, the deceased was hale and healthy and was working as a Electrician and earning Rs.15,000/- per month and he was contributing the same towards his family. He was the only earning member in his family and entire family was depending upon him.

¶27

The appellant/claimant made a petition claiming compensation, the Tribunal after recording evidence, has awarded compensation as under:

¶28

Sl.No.	Heads	Rs.
1.	Loss of Dependency	Rs.6,48,000/-
2.	Medical expenses	Rs.16,034/-
3.	Loss of love and affection	Rs.1,00,000/-
4.	Loss of estate	Rs.50,000/-
5.	Transportation, Funeral and obsequies	Rs.25,000/-
	Total	Rs.8,39,034/-

¶29

The claimant not satisfied with the award of

¶30

compensation by the Tribunal has filed this appeal seeking enhancement of compensation.

¶31

4 - NC: 2024:KHC-D:13047 MFA No. 104027 of 2016

¶32

Heard learned counsel for the appellant and

¶33

learned counsel for respondent No.2/insurance company.

¶34

Learned counsel for the appellant would

¶35

contend that the deceased was aged 21 years and he was an electrician and the Tribunal has taken income of the deceased at Rs.6,000/- per month but it ought to have taken at Rs.7,000/- per month as per chart prepared by the legal services authority for the year 2013. He contends that the Tribunal has not awarded future prospects. With this, he prayed to allow the appeal.

¶36

The learned counsel for the respondent would contend that the compensation awarded by the Tribunal is just and proper. He contends that the compensation awarded for loss of love and affection, loss of estate and transportation of dead body and funeral expenses are on higher side. With this, he prayed to dismiss the appeal.

¶37

Having heard learned counsels, the Court has

¶38

perused impugned judgment, award and the other materials placed on record.

¶39

5 - NC: 2024:KHC-D:13047 MFA No. 104027 of 2016

¶40

It is not in dispute that the deceased was aged 21 years as on the date of death and the accident has taken place in the year 2013. The Tribunal has taken the income of the deceased at Rs.6,000/- per month. As per chart prepared for settlement of disputes in Lok-Adalat by legal service authority, the notional income fixed for the year 2013 is Rs.7,000/-. The Tribunal ought to have taken the said notional income. The Tribunal has not awarded the future prospects. As the deceased was aged 21 years, he is entitled to future prospects at 40%.

¶41

In view of the above, the appellant/claimant is entitled for loss of dependency is as under: Rs.9800/-(7000+2800) x 12 x 18 x 50% = 10,58,400/-

¶42

The claimant is mother of the deceased and deceased was a Bachelor and therefore, claimant is entitled to consortium in a sum of Rs.40,000/-. Apart from that, the claimant is entitled to loss of estate in a sum of Rs.15,000/- as against Rs.50,000/- as awarded by the Tribunal. The claimant is entitled to funeral expenses and

¶43

6 - NC: 2024:KHC-D:13047 MFA No. 104027 of 2016

¶44

transportation of dead body in a sum of Rs.15,000/- as against Rs.25,000/- as awarded by the Tribunal. The claimant is not entitled to loss of love and affection as awarded by the Tribunal in a sum of Rs.1,00,000/- as consortium is awarded to the claimant. The Tribunal has rightly awarded medical expenses in a sum of Rs.16,034/-.

¶45

In view of the above, the appellant/claimant is

¶46

entitled to total compensation as under:

¶47

Sl.No.	Heads	Rs.
1.	Loss of Dependency	Rs.10,58,400/-
2.	Medical expenses	Rs.16,034/-
3.	Loss of consortium	Rs.40,000/-
4.	Loss of estate	Rs.15,000/-
5.	Transportation, Funeral and obsequies	Rs.15,000/-
	Total	Rs.11,44,434

¶48

Therefore, the appellant/claimant is entitled to total compensation of Rs,11,44,434/as against Rs.8,39,034/- awarded by the Tribunal. The Tribunal has awarded interest at 8% p.a. on the compensation and it is on higher side and therefore, appellant/claimant is entitled

¶49

7 - NC: 2024:KHC-D:13047 MFA No. 104027 of 2016

¶50

to interest at the rate of 6% p.a. on enhanced compensation.

¶51

In view of the above, the following:

¶52

ORDER

¶53

i. The appeal is allowed-in-part.

¶54

ii. The appellant/claimant is entitled to enhanced compensation of Rs.3,05,400/with interest at the rate of 6% p.a. from the date of petition till realization.

¶55

iii. The respondent No.2/insurance company is directed to deposit the enhanced compensation within a period of six weeks from the date of receipt of certified copy of this judgment, failing which it is liable to pay interest at 9% p.a.

¶56

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶57

RKM CT:ANB List No.: 1 Sl No.: 37

Hemavati W/O Vasant Kolakar v. Santosh S/O Ramanna Harapanahalli

Case brief

What is this about?

What did the court decide?

Hemavati W/O Vasant Kolakar v. Santosh S/O Ramanna Harapanahalli

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Gananpati S/O. Ishwar Bhat Vs the State of Karnataka

Smt. Arati W/O Manoj Nayak Vs the State of Karnataka

Smt Lata Malavalli Alias Rathod W/O. Tavareppa Vs State of Karnataka

Mahantesh Vs Mahadevappa

The Executive Engineer, Vs the Assistant Commissioner and

Mohammad Nayeem S/O Abdul Jabbar Y Vs the State of Karnataka