Partly allowed

Gangamma v. the Manager

Karnataka HC12 Sept 2024MFA/3954/2024

Case brief

AI extract

What is this about?

Parents and sister of a man killed in a 2022 road accident sought enhancement of the Motor Accidents Claims Tribunal's compensation award. The High Court adopted a notional income of Rs.15,500/- per month, recomputed loss of dependency and heads of consortium, and enhanced compensation by Rs.31,600/- with interest at 6% per annum, payable to the mother.

What did the court decide?

Compensation enhanced by Rs.31,600/- with 6% interest from date of petition; respondent No.1 insurer to deposit within eight weeks; appellant No.1 entitled to withdraw entire amount.

Gangamma Vs the Manager — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:37448 MFA No. 3954 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3954 OF 2024(MV-D)

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BETWEEN:

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GANGAMMA, W/O. MANJEGOWDA, AGED ABOUT 48 YEARS,

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MANJEGOWDA, S/O. LATE NARASEGOWDA, AGED ABOUT 53 YEARS,

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SHILPA, D/O. MANJEGOWDA, AGED ABOUT 27 YEARS,

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ALL ARE R/O. B. CHOWDWNAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201.

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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PRESENTLY R/O. 1^ST MAIN ROAD, DEVAMMA TEMPLE ROAD, CHANNAPATTANA EXTENSION, HASSAN DISTRICT-573 201.

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…APPELLANTS

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(BY SMT. ANUPAMA, ADVOCATE FOR SRI. GIRISH B. BALADARE, ADVOCATE)

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AND:

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THE MANAGER, UNITED INDIA INSURANCE CO. LTD., 2ND FLOOR, VENKATESHWARA BUILDING, B.M. ROAD, HASSAN-573 201.

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NC: 2024:KHC:37448 MFA No. 3954 of 2024

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NANJESHA, S/O. NANGEGOWDA, AGED ABOUT 42 YEARS, R/O. KATTARIGHATTAKOPPALU VILLAGE, BALADARE POST, DANDIGANAHALLI HOBLI, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT-573 201.

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…RESPONDENTS

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(BY SRI. H.C.VRUSHABHENDRAIAH, ADVOCATE FOR R1; NOTICE TO R2 DISPENSED WITH (V/O. DATED 07.08.2024)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2023 PASSED IN MVC NO. 873/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL JUDGMENT

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Heard Ms.Anupama learned counsel who represents Sri.Girish B Baladare learned counsel for the appellants as well as Sri.H.C.Vrushabendraiah learned counsel for respondent No.1 Insurance Company.

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The mother, father and elder sister of the deceased

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Ravikumar.C.M. (hereinafter be referred to as the 'deceased'

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3 - NC: 2024:KHC:37448 MFA No. 3954 of 2024

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for brevity) filed a petition seeking compensation of Rs.30,00,000/- on the ground that the deceased died in a road traffic accident. The Additional Motor Accidents Claims Tribunal, Hassan which dealt with the matter as MVC No.873/2022, passed orders on 02.09.2023 holding that the claimants are entitled to a sum of Rs.23,89,000/- as compensation. Dissatisfied with the same, the claimants are before this Court.

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Ms.Anupama representing the appellants contends that the deceased as an agriculturist and driver was earning Rs.30,000/- per month by the date of accident. He was contributing his entire earnings towards the welfare of the appellants. However, taking the notional income of the deceased as Rs.15,000/- per month, the Tribunal awarded a meagre sum as compensation and therefore, the appeal is filed.

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Learned counsel also states that the accident occurred in the year 2022 and for the relevant period the Karnataka State Legal Services Authorities is taking notional income as Rs.15,500/- per month and atleast the said figure should have been considered by the Tribunal.

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NC: 2024:KHC:37448 MFA No. 3954 of 2024

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Learned counsel Sri.H.C.Vrushabendraiah who is representing respondent No.1 Insurance Company did not raise any objection for taking the notional income as Rs.15,500/- per month. Also the request made appears justifiable.

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Taking the notional income of the deceased as Rs.15,500/per month, without disturbing the other parameters i.e., adding 40% of the earnings towards future prospects as the deceased was aged about 24 years by the date of accident, deducting 50% of the earnings towards personal and living expenses which the deceased would have occurred for himself had he been alive as the deceased died as bachelor and apply appropriate multiplier '18', the amount which the appellants are entitled to under the head loss of dependency is as under:

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Description	Amount In Rs.
Notional monthly income	15,500-00
Annual Income (15,500X12)	1,86,000-00
Add 40% towards future prospects(1,86,000/-+ 40%)	2,60,400-00
Deduct 50% towards personal and living expenses	1,30,200-00
Applying appropriate multiplier '18'	23,43,600-00

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5 - NC: 2024:KHC:37448 MFA No. 3954 of 2024

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Thus, the amount which the appellants are entitled

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to under the head loss of dependency is Rs.23,43,600/-. Together with the said amount, the appellants are entitled to Rs.16,500/- towards funeral expenses and Rs.16,500/- towards loss of estate. Also appellant Nos.1 & 2 being the parents of the deceased are entitled to Rs.44,000/- towards loss of filial consortium. Thus, the compensation which the appellants are entitled to is as under:

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Sl No.	Compensation	Amount in Rs.
1	Loss of dependency	23,43,600-00
2	Funeral expenses	16,500-00
3	Loss of estate	16,500-00
4	Loss of filial consortium	44,000-00
	Total	24,20,600-00

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The Tribunal through the impugned order awarded a sum of Rs.23,89,000/as compensation. Thus, the enhancement will be Rs.31,600/(Rs.24,20,600/Rs.23,89,000/-). Thus, the appeal is disposed of with the following:

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NC: 2024:KHC:37448 MFA No. 3954 of 2024

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ORDER

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(i) The appeal is allowed in part.

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(ii) The compensation that is awarded by the Additional Motor Accident Claims Tribunal, Hassan, through orders in MVC No.873/2022 dated 02.09.2023 is enhanced by Rs.31,600/-.

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(iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit.

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(iv) Respondent No.1 is directed to deposit enhanced sum within a period of eight weeks from the date of receipt of copy of this order.

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(v) Appellant No.1 being the mother of the deceased is entitled to the entire enhanced sum.

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(vi) Appellant No.1 is permitted to withdraw the entire amount on deposit.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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DS List No.: 1 Sl No.: 56

Gangamma v. the Manager

Case brief

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What did the court decide?

Gangamma v. the Manager

Case brief

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