Allowed

Manjamma v. Manjunath T

Karnataka HC18 Jul 2024MFA/3136/2020

Case brief

AI extract

What is this about?

The High Court, in an appeal under Section 173(1) of the Motor Vehicles Act, modified the Tribunal's award. It upheld the 10% contributory negligence but enhanced the compensation to Rs. 12,24,000/- by adopting a higher notional income for the deceased and adjusting calculations for future prospects and personal expenses.

What did the court decide?

Enhanced compensation of Rs. 12,24,000/- awardable to appellants, insurer directed to deposit within three months.

Manjamma Vs Manjunath T — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:27950 MFA No. 3136 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 3136 OF 2020 (MV-D)

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BETWEEN:

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MANJAMMA W/O. LATE. CHIKKAMARAPPA, NOW AGED ABOUT 50 YEARS.

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C SHIVAKUMAR S/O. LATE. CHIKKAMARAPPA, NOW AGED ABOUT 32 YEARS.

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RAVIKUMAR C S/O. LATE. CHIKKAMARAPPA, NOW AGED ABOUT 30 YEARS.

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ALL ARE R/AT DEGANAHALLI, BHOODHIHAL, BHOODHIHAL POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.

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…APPELLANTS

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(BY SRI. RANGEGOWDA N R., ADVOCATE)

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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AND:

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MANJUNATH T S/O. THIMMARAYAPPA AGED MAJOR, R/AT HAROKETHANAHALLI, MAKALI POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT.

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THE MANAGER, RELIANCE GENERAL INS CO LTD NO. 26, CENTENARY BUILDING, MG ROAD, BENGALURU 560001.

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…RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2; V/O/DATED NOTICE TO R1 IS D/W)

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NC: 2024:KHC:27950 MFA No. 3136 of 2020

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGEMENT AND AWARD DATED 22.11.2019 PASSED IN MVC NO.3608/2018 ON THE FILE OF THE MEMBER, MACT, C/C XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-15, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal, under Section 173(1) of the Motor Vehicles Act, arises out of the award and judgment dated November 22, 2019, passed by the Member, and MACT, C/c XIII Additional Judge, Court of Small Causes, Bengaluru in MVC No.3608/2018.

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The claimants filed a claim petition under Section 166 of the Indian Motor Vehicles Act, seeking just and proper compensation for the death of Chikkaramappa, who succumbed to injuries sustained in a road traffic accident on March 4, 2018. The Tribunal awarded a total compensation of Rs.6,87,100/- with interest at 7% from the date of the petition until realization. However, the Tribunal attributed 10% contributory negligence against the deceased for not wearing helmet, at the time of the accident, who was proceeding on the motor cycle as the pillion rider. The claimants, are appealing, seeking enhancement of the compensation, and also fastening the contributory negligence against the deceased.

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NC: 2024:KHC:27950 MFA No. 3136 of 2020

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Heard the learned counsel for the parties and perused the trial court records.

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The death of Chikkamarappa in a road traffic accident on March 4, 2018, when he was traveling on the motor cycle as pillion rider is not disputed. The Tribunal attributed 10% contributory negligence against the deceased stating that if the deceased had wore the helmet, it would probably minimize the injuries suffered and his life would be saved. Therefore, the contributory negligence, attributed against the deceased cannot be said to be arbitrary.

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The accident is of the year 2018. The deceased was aged 51 years as on the date of the accident. In the absence of proof, the notional income of the deceased is assessed at Rs.12,500/- per month as per the chart prepared by the Karnataka Legal Aid Service Authority, as opposed to Rs.8,500/- assessed by the Tribunal. Adding 10% towards future prospects and deducting 1/3^rd towards personal expenses, the claimants are entitled to compensation of Rs.12,10,000/- (12,500 x 10% = 1,250 + 12,500 = 13,750) (13,750 x 1/3 =9,167/-) (9,167 x 12 x 11) towards loss of dependency.

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The claimants are entitled to a compensation amount of Rs.1,50,000/- towards loss of consortium, loss of estate, and funeral expenses. In total, they are entitled to a sum of Rs. 13,60,000/-, after deducting 10% towards contributory negligence,

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NC: 2024:KHC:27950 MFA No. 3136 of 2020

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which comes to (Rs.13,60,000-1,36,000/-)=12,24,000/-, as against Rs.6,87,100/- awarded by the Tribunal.

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The claimants-appellants are entitled to enhanced compensation of Rs.5,36,900/- at 6% interest from the date of the petition till the date of realization.

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To the aforesaid extent, the judgment passed by the Tribunal is modified. The insurer is directed to deposit the enhanced compensation amount within three months from the date of receipt of the certified copy of this order.

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Accordingly, the appeal is disposed of.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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Manjamma v. Manjunath T

Case brief

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What did the court decide?

Manjamma v. Manjunath T

Case brief

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What did the court decide?

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