Cross-appeals seeking enhancement of motor accident compensation for death in an autorickshaw accident. The court relied on Mukund Dewangan to reject the invalid-license objection, reassessed income at Rs.8,500 with future prospects and multiplier 16, and enhanced total compensation to Rs.19,03,600 with interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:21274 MFA No. 1477 of 2019 C/W MFA No. 6106 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 1477 OF 2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6106 OF 2018 (MV-D)
**_IN_* MFA NO.1477/2019 BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
SINCE APPELLANT NO.2 AND 3 ARE
MINORS REP: BY THEIR NATURAL GUARDIAN MOTHER
ALL ARE R/O 4TH CROSS, RIGHT SIDE, HASSAN ROAD, NEAR ARALIMARA NAGAMMA TEMPLE ARSIKERE-573 103.
…APPELLANTS
(BY SRI. JAGADEESH H T.,ADVOCATE)
Page Nos.1 to 6 are retyped and replaced vide court order dated 25.07.2024
AND:
…RESPONDENTS
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.04.2018 PASSED IN MVC NO.66/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AMACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
**_IN_* MFA NO. 6106 OF 2018 (MV) BETWEEN:
SRI. LOKESH. K S/O. KUMARAIAH, AGED ABOUT 35 YEARS, R/O. KEREKODIHALLI VILLAGE, KASABA HOBLI, ARASIKERE TALUK,
…APPELLANT
(BY SRI. *SADASHIVAIAH K.G. , ADVOCATE)
AND:
CLAIMANTS 2 AND 4 ARE MINOR, REP BY THEIR NATURAL GUARDIAN, I.E., MOTHER CLAIMANT NO.3 AND NO.1,
ALL ARE R/O. 4TH CROSS RIGHT SIDE, HASSAN ROAD, NEAR ARALIMARA NAGAMMA TEMPLE, ARASIEKRE, HASSAN DISTRICT.
…RESPONDENTS
*( SRI. ASHOK N. PATIL FOR R5; (R1 AND R3 SERVED; R2 AND R4 MINORS REP BY R3)
MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.04.2018 PASSED IN MVC NO.66/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & AMACT, ARSIKERE, AWARDING COMPENSATION OF RS.10,93,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.BARRED BY TIME.
THESE APPEALS, COMING ON FOR *ADMISSION , THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals under Section 173(1) of the Motor Vehicles Act have been filed against the judgment and award dated April 2, 2018, passed by the Senior Civil Judge and MACT, Arsikere (hereinafter referred to as 'Tribunal') in MVC No. 66/2016.
case that on May 18, 2014, due to the rash and negligent driving of the autorickshaw bearing registration No. KA-13-A-5319, an accident occurred. The Tribunal awarded a total compensation of Rs. 10,93,000 along with interest at the rate of 9% per annum. However, the respondent denied the manner of the accident as narrated by the petitioners and claimed their discharge from liability on the ground that the driver of the autorickshaw was not holding a valid driving license on the date of the accident.
"A person having a license to drive a light motor vehicle would be entitled to drive any motor vehicle of gross vehicle weight less than 7500 kg."
Therefore, although the driver was holding a three-wheeler nontransport license, he would be capable of driving a three-wheeler transport vehicle.
Tribunal did not award 'future prospects' and deducted one-fourth of the annual income towards personal and living expenses. An additional 40% of the assessed income has to be added to the income of the deceased towards future prospects. Given the deceased's age of 34 years, a multiplier of 16 is applied. Consequently, the claimants are entitled to Rs. 17,13,600 (calculated as Rs. 8,500 + Rs. 3,400 - Rs. 2,975 x 12 x 16) towards loss of dependency and *Rs.1,20,000/-(40,000X3) is awarded toward loss of love and affections.
reassessed as follows :
| Sl. No. |
Heads | By Tribunal (In Rs.) |
By this Court (In Rs.) |
|---|---|---|---|
| 1. | Loss ofdependency | 10,08,000/- | 17,13,600/- |
| 2. | Loss of consortium to Petitioner No.1 |
40,000/- | 40,000-/- |
| *3. | Loss of love and affections |
Nil | 1,20,000-/- |
| 4. | Loss transport and funeralexpenses |
30,000/- | 15,000-/- |
| 5. | Loss ofestate | 15,000/- | 15,000-/- |
| Total | **10,93,000/- ** | **_19,03,600/- _* |
7. Accordingly, I pass the following :
ORDER
i. Appeals are disposed of.
ii. The claimants are entitled for total compensation amount of *Rs.19,03,600/- with interest at 6% p.a from the date of petition till actual realisation.
NC: 2024:KHC:21274 MFA No. 1477 of 2019 C/W MFA No. 6106 of 2018
iii. The entire compensation shall be deposited by the respondent No.2-Insurance Company in favour of the claimants within a period of twelve weeks.
iv. The compensation amount shall be released in favour of the appellant in *M.F.A.No.1477/2019 subject to furnishing identity proof.
*v. The amount in deposit in M.F.A.No.6106/2018 is ordered to be refunded to the appellant.
Consequently pending I.A's does not survive for consideration and accordingly disposed of.
Sd/JUDGE
RL
2 issues framed by the court
Whether the driver holding a three-wheeler non-transport license could validly drive a three-wheeler transport vehicle.
Whether the compensation awarded by the Tribunal required enhancement based on notional income and future prospects.
Colour shows how this judgement treated each authority
Mukund Dewangan vs. Oriental Insurance Co. Ltd.Relied on
(2017) 14 SCC 663 · Who else cites this
2 provisions across 1 enactments
SMT REKHA W/O LATE KUMAR
CHARAN S/O LATE KUMAR
BINDUSHREE D/O LATE KUMAR
SMT ANJALI W/O LATE NAGARAJU
LOKESH S/O KUMARAIAH
NATIONAL INSURANCE CO.LTD.
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
