Partly allowed

Smt. Shaila S Shetty v. Halashantagouda

Karnataka HC15 Oct 2024MFA/104547/2023

Case brief

AI extract

What is this about?

Claimants appealed enhancement of compensation for death of a motorcyclist in a road accident. Court reassessed monthly income at Rs.30,564/- from average income tax returns, recalculated loss of dependency and added consortium, enhancing total compensation from Rs.18,30,000/- to Rs.18,76,584/- with 6% interest.

What did the court decide?

Compensation enhanced from Rs.18,30,000/- to Rs.18,76,584/- with interest at 6% per annum from date of petition till realization; Tribunal award modified accordingly.

Smt. Shaila S Shetty Vs Halashantagouda — Motor Accident Claims | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15^TH DAY OF OCTOBER 2024 PRESENT

¶3

THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND

¶4

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

¶5

MISCELLANEOUS FIRST APPEAL NO.104547 OF 2023

¶6

BETWEEN:

¶7

SMT. SHAILA S. SHETTY W/O. H. SUBHASCHANDRA SHETTY, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.02, SY.NO.90, DREAMLAND, LAYOUT, NEAR DANESHWAR, VIDYAGIRI, DHARWAD-580004.

¶8

SUJITH S/O. H. SUBHASCHANDRA SHETTY AGE: 32 YEARS, OCC: STUDENT, R/O. PLOT NO.02, SY.NO.90, DREAMLAND, LAYOUT, NEAR DANESHWAR, VIDYAGIRI, DHARWAD-580004.

¶9

Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.10.24 10:32:30 +0530

¶10

SHIFALI D/O. H. SUBHASCHANDRA SHETTY AGE: 27 YEARS, OCC: STUDENT, R/O. PLOT NO.02, SY.NO.90, DREAMLAND, LAYOUT, NEAR DANESHWAR, VIDYAGIRI, DHARWAD-580004.

¶11

…APPELLANTS

¶12

(BY SRI. B.S.SANGATI, ADVOCATE)

¶13

AND:

¶14

HALASHANTAGOUDA S/O. YALLAPPAGOUDA PATIL, AGE: MAJOR, OCC: BUSINESS, R/O. EYEWITNESSES-640, 2^ND CROSS, NAVANAGAR, HUBBALLI-580025.

¶15

THE DIVISIONAL MANAGER ICICI LAMBARD GENERAL INSURANCE CO. LTD.,

¶16

2 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶17

GOKUL ROAD, HUBBALLI-580021.

¶18

SANJAY S/O. MARUTI MURADESHWAR AGE: 32 YEARS, OCC: PRIVATE SERVICE, R/O. NO.160/A, BOVI GALLI, 2^ND CROSS, LINE BAZAR, DHARWAD-580008.

¶19

THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., OPP. HEAD POST OFFICE, NEAR BASEL MISSION GIRLS HIGH SCHOOL, YAMMIKERI, STATION ROAD, DHARWAD-580008.

¶20

…RESPONDENTS

¶21

(BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE FOR R1; SRI. RAVINDRA R. MANE, ADVOCATE FOR R2; NOTICE TO R3 IS SERVED; SRI. MADHUKESHWAR DESHPANDE, ADVOCATE FOR R4)

¶22

THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 22.06.2023 PASSED IN MVC NO.184/2021 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, ALLOWING THE CLAIM PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLES ACT.

¶23

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS DELIVERED THEREIN AS UNDER:

¶24

CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND

¶25

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

¶26

3 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶27

ORAL JUDGMENT

¶28

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

¶29

This appeal is filed by the claimants under Section 173 of the Motor Vehicles Act (hereinafter referred to as ‘the MV Act’, for short) challenging the judgment and award dated 22.06.2023 passed by the learned IV Additional Senior Cvil Judge and Additional Motor Accident Claims Tribunal, Dharwad, in MVC No.184/2021, granting compensation of Rs.18,30,000/with interest at 6% per annum.

¶30

Brief facts of the case are that, on 09.03.2021 at about 7:15 am, first claimant’s husband namely Subhaschandra Shetty was proceeding on his motorcycle bearing registration No.KA-25/EH-9144 towards Ramnagar. When he reached near NTTF on Pune-Bengaluru road, Dharwad, at that time, the driver of the car bearing registration No.KA-25//P-9118 came in a high speed and in a rash and negligent manner and dashed against the motorcycle of Subaschandra Shetty. Due to the impact, Subaschandra Shetty sustained injuries and succumbed to the injuries. The legal representatives of the deceased have filed a claim petition under Section 166 of MV Act seeking compensation.

¶31

4 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶32

After service of notice, respondent Nos.2 to 4

¶33

appeared though counsel and filed their separate objections. Respondent No.1 appeared in person and filed objections.

¶34

Considering the pleadings of the parties, the Tribunal has framed the following issues:

¶35

ISSUES

¶36

1 Whether the petitioners prove that on 09-03-2021 at about 7.15 am., near NTTF on Pune-Bengaluru Road, Dharwad, when the husband of petitioner No.1 namely Subhaschandra Shetty was proceeding on the motorcycle bearing Regn.No.KA-25/EH-9144 towards Ram Nagar, the driver of the car bearing Regn.No.KA-25/P-9118 came in high speed and in a rash and negligent manner and dashed to the motorcycle of the deceased and caused accident and due to that the said Subhaschandra Shetty sustained injuries and ultimately he died to the said injuries in the hospital ?

¶37

2 Whether the petitioners prove that the existence of valid insurance policy with respondent No.2 as on the date of the accident pertaining to car bearing Regn.No.KA-25/P-9118?

¶38

3 Whether the respondent No.2 proves that the driver of the car bearing Regn.No.KA-25/P-9118 had no valid driving license to drive the same as on the date of accident?

¶39

4 Whether the respondent No.4 proves that the petition is bad for non-joinder of parties ?

¶40

5 Whether the petitioners are entitled for the compensation? If so, to what quantum and from whom?

¶41

6 What award or order?

¶42

On appreciation of the oral and documentary

¶43

evidence, the Tribunal answered issue Nos.1, 2 and 5 in the affirmative and issue Nos.3 and 4 in the negative and passed

¶44

5 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶45

an award directing the 2^nd respondent insurance company to pay compensation of Rs.18,30,000/- with interest at 6% per annum.

¶46

Being aggrieved by the same, the claimants have filed this appeal seeking enhancement of compensation.

¶47

Sri. B.S. Sangati, learned counsel appearing for the appellants/claimants has contended that, Subaschandra Shetty was doing hotel business, milk business and pharmacy business and thereby he was earning Rs.15,00,000/- per annum. He has produced the income tax returns for the year 2017-18 and 2018-19. For the year 2018-19, his income was Rs.3,93,110/-. The Tribunal ought to have considered the income tax returns filed by the deceased for the year 2018-19, but instead of that, the Tribunal has considered the average income and assessed monthly income of the deceased as Rs.30,000/- per month which is on the lower side. Hence, he sought for enhancement of compensation on the heads loss of dependency. Secondly, he contended that, in view of the judgments of the Apex Court in the case of National Insurance Co.Ltd. v. Pranay Sethi and

¶48

6 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶49

others¹ and in the case of Magma General Insurance Co. Ltd., v. Nanu Ram and others² the claimants are entitled for compensation towards loss of consortium. Hence, he prays to allow the appeal.

¶50

Per contra, Sri. Ravindra R. Mane, learned counsel appearing for ICICI General Insurance Company, has contended that, at the time of the accident, the deceased was doing hotel business, milk business and pharmacy business. After his death, his legal representatives have continued those business and there is no loss of income. He further contended that, the claimants have not produced the income tax returns of the deceased for the year 2019-20. Therefore, the Tribunal considering the evidence of the parties, has assessed monthly income of the deceased as Rs.30,000/- per month which is on the higher side. Therefore, the petition for enhancement of compensation filed by the claimants itself is not maintainable. Secondly, he contended that, considering the age and avocation of the deceased, the over all compensation awarded by the Tribunal is just and reasonable and sought for dismissal of the appeal.

¶51

1 2017 ACJ 2700

¶52

2 2018 ACJ 2782

¶53

7 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶54

Sri. Madhukeshwar Deshpande, learned counsel appearing for the National insurance company limited has contended that it is only a formal party and no liability is fastened on it.

¶55

Heard the learned counsel for the parties and perused the impugned judgment and award.

¶56

It is not in dispute that Subaschandra Shetty died in a road traffic accident occurred on 09.03.2021 due to rash and negligent driving by the driver of the car bearing registration No.KA-25-P-9118. The specific case of the claimants is that the deceased was doing hotel business, milk business and pharmacy business and thereby was earning Rs.15,00,000/per annum. They have produced income tax returns for the assessment years 2017-18 and 2018-19. A Co-ordinate Division Bench of this Court in the case between Smt.Jayashree and Sri.Mahaningappa and others in MFA No.202275/2023 decided on 01.03.2024 has held that for assessing monthly income, average income of the deceased has to be taken on the basis of the returns filed. By considering the income tax returns filed for the year 2017-18 and 2018-19 produced as

¶57

8 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶58

Exs.P-12 and 13, i.e. Rs.3,40,440/-and Rs.3,93,110/-, the average of it comes to Rs.30,564/- per month. Accordingly, the monthly income of the deceased is considered as Rs.30,564/-. The Tribunal has rightly deducted 1/3^rd of the income of the deceased towards his personal expenses and the multiplier applicable to that age group is 7. Accordingly, loss of

¶59

dependency is re-assessed at Rs.17,11,584/- as under:

¶60

Rs.30,564/-x12x7x2/3=17,11,584/-

¶61

So far as loss of consortium is concerned, claimant No.1 is entitled to Rs.44,000/- for spousal consortium and claimant Nos.2 and 3 are entitled to Rs.44,000/- each for parental consortium. Further, a sum of Rs.16,500/- each is awarded towards loss of estate and funeral expenses. The claimants are entitled to the re-assessed compensation as

¶62

follows:

¶63

Sl.No.	HEADS	AMOUNT IN RS.
1	Loss of dependency	17,11,584/-
2	Loss of consortium	1,32,000/-
3	Loss of estate	16,500/-
4	Funeral expenses	16,500/-
	TOTAL	18,76,584/-

¶64

9 - NC: 2024:KHC-D:14946-DB MFA No. 104547 of 2023

¶65

13. Accordingly, the following order is passed:

¶66

The appeal is allowed in part. The claimants are entitled to

¶67

total compensation of Rs.18,76,584/as against Rs.18,30,000/- awarded by the Tribunal with interest at 6% per annum from the date of petition till realization. The judgment and award dated 22.06.2023 passed by the learned IV Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Dharwad, in MVC No.184/2021, is modified to the aforesaid extent.

¶68

I.A.1/2024 filed for release of amount stands disposed of as it would not survive or consideration.

¶69

Sd/-

¶70

(H.T.NARENDRA PRASAD) JUDGE

¶71

Sd/-

¶72

(VENKATESH NAIK T) JUDGE

¶73

kmv ct:vh

Smt. Shaila S Shetty v. Halashantagouda

Case brief

What is this about?

What did the court decide?

Smt. Shaila S Shetty v. Halashantagouda

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri.Sunil S/O Iranna Gadigin, Vs Smt.Shilpa W/O Sunil Gadagin

The Divisional Manager Vs Smt. Girijavva W/O Yashvanthappa Hakkalli

The Central Pension Accounting Office Vs Shri Narasimha S/O Laxmanrao Durg

Shri K. E.T. Laxminarayan S/O Thimmappa Vs Dr. Ishwar S/O Allappa Ullagaddi

The Scheduled Caste / Schedule Tribe Vs Shri. Divya Prabhu Grj

M/S Savio Bio Organics Ferilisers Private Limited and Entity Vs the Canara Bank