Partly allowed

Kasturi W/O Ashok @ Ashokumar Hiremath v. Siddappa S/O Ningappa Gaddad

Karnataka HC9 Aug 2024MFA/23792/2012

Case brief

AI extract

What is this about?

In a motor accident first appeal, the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal. The Court increased income assessment and adjusted heads of damage, raising the total claim from Rs.5,00,000/- to Rs.9,24,400/-.

What did the court decide?

The judgment and award dated 28.05.2012 are modified; enhanced compensation of Rs.4,24,400/- with 6% per annum interest is directed.

Kasturi W/O Ashok @ Ashokumar Hiremath Vs Siddappa… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:11359 MFA No. 23792 of 2012

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF AUGUST 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 23792 OF 2012

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BETWEEN:

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KASTURI W/O. ASHOK @ ASHOKUMAR HIREMATH, AGE: 50 YEARS, OCC: HOUSEWIFE,

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UMESH S/O. ASHOK @ ASHOKUMAR HIREMATH, AGE: 34 YERAS, OCC: NIL,

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NAVEEN S/O. ASHOK @ ASHOKUMAR HIREMATH, AGE: 27 YEARS, OCC: NIL,

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ALL ARE R/ AT LOKAPUR, TQ: MUDHOL, DIST: BAGALKOT.

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…APPELLANTS

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(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)

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AND:

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SIDDAPPA S/O. NINGAPPA GADDAD, AGE: MAJOR, OCC: OWNER OF THE VEHICLE, R/O: LOKAPUR, TQ: MUDHOL, DIST: BAGALKOT.

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Location:
YASHAVANT HIGH
NARAYANKAR COURT OF
KARNATAKA

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THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., CLUB ROAD, BELGAUM.

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…RESPONDENTS

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(NOTICE TO R1 DISPENSED WITH; BY SRI. K. L. PATIL, ADVOCATE FOR R2)

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THIS MFA FILED U/S 173(1) OF MV ACT PRAYING TO CALL FOR THE RECORDS AND ON EXAMINATION OF THE SAME BE PLEASED TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION AS CLAIMED BY THE APPELLANT BY MODIFYING JUDGMENT AND AWARD PASSED BY THE BEFORE MACT NO. IX MUDHOL IN M.V.C. NO.153/2010 DATED 28.05.2012 IN THE INTERST OF JUSTICE.

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

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NC: 2024:KHC-D:11359 MFA No. 23792 of 2012

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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 claimants challenging the award dated 28.05.2012 passed in MVC No.153/2010 by the MACT IX, Mudhol, on the ground that the compensation awarded is inadequate.

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The factual matrix of the case is that, on 17.03.2009 at about 5:30pm, deceased Ashok was coming to his house from Bazar on bicycle at Kadarkoppa road near Shambhuling Math, at that time, the driver of tractor and trailer No.KA.48/t3022 and KA-48/T-3023 came from Kadarkoppa side in a rash and negligent manner and front engine dashed to deceased Ashok @ Ashokumar. As a result, Ashok fell on the ground and sustained severe injuries all over the body and he was taken to Mudhol Hospital and on the way to the hospital, he died. The wife and two children of deceased Ashok filed a claim petition seeking compensation. The Tribunal has awarded compensation as under:

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3 - NC: 2024:KHC-D:11359 MFA No. 23792 of 2012

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The details of compensation amount i	s as under
Towards loss of dependency	4,40,000=00
Towards loss of consortium	25,000=00
Towards loss of love and affection	15,000=00
Towards funeral expense and shifting the	10,000=00
body
Towards loss of estate	10,000=00
Total	5,00,000=00

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Being not satisfied with the quantum of compensation, the claimants have preferred this appeal.

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Heard the learned counsel for the

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appellants and the learned counsel appearing for respondent No.2.

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Learned counsel for the appellants would contend that the deceased Ashokumar was a skilled

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worker and he was working in Dalmia Mines and considering the said aspect, the Tribunal ought to have taken his monthly income at Rs.8,000/-per month instead of Rs.5,000/- per month. He submits that the appellants have produced Exs.P-7 to P-11 which are the certificates indicate that he was as a mine mate. He further submits that the appellants

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4 - NC: 2024:KHC-D:11359 MFA No. 23792 of 2012

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are entitled to compensation towards consortium in a sum of Rs.1,20,000/- (i.e. Rs.40,000x3) as against Rs.25,000/- awarded by the Tribunal. He contends that the appellants are entitled to Rs.15,000/towards loss of estate and Rs.15,000/- towards funeral expenses as against Rs.10,000/each awarded by the Tribunal. On these grounds he prayed to allow the appeal and enhance the compensation.

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Learned counsel for respondent No.2 would contend that the Tribunal has rightly taken the income of the deceased at Rs.5,000/- per month and the compensation awarded is just and proper.

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Having heard the learned counsel for the parties, the Court has perused the impugned judgment and award and the trial Court records.

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The deceased workman was aged 52 years and the claimants/appellant Nos.1 to 3 are his wife and two children. Ex.P-7 is the certificate of

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5 - NC: 2024:KHC-D:11359 MFA No. 23792 of 2012

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competency issued by the Mining Mates, Ex.P-8 is the conduct certificate issued by Dalmia International, Ex.P-9 is the letter issued by the Director of Mines Safety Goa Region, Ex.P-10 is the certificate issued by Dalmia Cement (Bharat) Limited, Ex.P-11-certificate issued by Pawan Minerals, Lokapur, indicates that the deceased workman was a mine mate therefore, he is a skilled worker. Tribunal ought to have taken his monthly income in a sum of Rs.8,000/- per month instead of Rs.5,000/- per month. Considering the age of the deceased, the claimants are entitled to future prospectus at the rate of 10% of his income. Considering the said aspect, the compensation under the head loss of dependency is Rs.7,74,400/(8,800/-x12x11x2/3^rd ). Petitioner No.1 is the wife and petitioner Nos.2 and 3 are the child of the deceased. They are entitled to consortium in a sum of Rs.1,20,000/i.e. 40,000x 3 as against Rs.25,000/awarded by the Tribunal. As

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compensation towards consortium is awarded, the appellants are not entitled to compensation towards loss of love and affection as awarded by the Tribunal. The Tribunal has awarded Rs.10,000/towards transportation of dead body and funeral expense and Rs.10,000/- towards loss of estate. The petitioners are also entitled to compensation under the head loss of estate in a sum of Rs.15,000/- and funeral expense and transportation of dead body at Rs.15,000/-

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In view of the above, the compensation

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awarded by this Court is as under:

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Sl.	Heads	Rs.
No.
1	Loss of Dependency	7,74,400/-
2	Loss of consortium (Rs.40,000x3)	1,20,000/-
3	Towards funeral expenses, shifting of dead body	15,000-
4	Loss of estate	15,000-
	Total	9,24,400/-

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The Tribunal has awarded Rs.5,00,000/-. Considering the said aspect, the appellants are

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NC: 2024:KHC-D:11359 MFA No. 23792 of 2012

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entitled to enhanced compensation of Rs.4,24,400/with interest at the rate of 6% per annum.

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In the result, the following

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ORDER

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The appeal is allowed in part. The judgment and award dated 28.05.2012 passed in MVC No.153/2010 by the MACT IX, Mudhol, is modified. The appellants/petitioners are entitled to enhanced compensation of Rs.4,24,400/- with interest at 6% per annum from the date of petition till the date of deposit of the enhanced compensation. Respondent No.2 is directed to deposit the enhanced compensation within a period of one month from the date of receipt of certified copy of this order.

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The entire enhanced compensation amount shall be released to the petitioners. Apportionment as ordered by the Tribunal remains unaltered.

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Draw award accordingly.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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Kmv CT:ANB

Kasturi W/O Ashok @ Ashokumar Hiremath v. Siddappa S/O Ningappa Gaddad

Case brief

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Kasturi W/O Ashok @ Ashokumar Hiremath v. Siddappa S/O Ningappa Gaddad

Case brief

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