The High Court allowed the motor accident appeal partly, assessing the deceased driver's income at Rs. 17,000/month instead of the tribunal's notional figure, enhancing total compensation to Rs. 40.63 lakhs.
Issue enhanced compensation of Rs.40,63,931 including future prospects and interest at 6% to be paid by the Insurance Company.
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:3224 MFA No. 465 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 465 OF 2022 (MV-D)
BETWEEN:
MINOR REPRESENTED BY
GUARDIAN MOTHER SMT LAXMI RATHOD
GUARDIAN MOTHER SMT LAXMI RATHOD
Digitally signed by B LAVANYA
Location: HIGH COURT OF KARNATAKA
GUARDIAN MOTHER SMT LAXMI RATHOD
ALL ARE PERMANENT RESIDENT OF CHIKKA KODAGALI HEEREKODAGALI POST
NC: 2024:KHC:3224 MFA No. 465 of 2022
HANAGUNDA TALUK BAGALKOT DISTRICT.
…APPELLANTS
(BY SRI.NAGARAJA HEGDE.,ADVOCATE)
AND:
R/AT KOMARNAHALLI VILLAGE HARIHAR TALUK DAVANAGERE
REP BY ITS BRANCH MANAGER
…RESPONDENTS
(R-1 SERVED., SRI.RAJENDRA HEGDE MULKHAND, ADVOCATE FOR R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.07.2021 PASSED IN MVC NO.941/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellants – claimants challenging the judgment & award dated 31st July 2021 passed in MVC No.941/2019 by the Senior Civil Judge & Member,
NC: 2024:KHC:3224 MFA No. 465 of 2022
Additional MACT, Kundapura (for short ‘ the Tribunal’ ). This appeal is founded on the premise of inadequate and meager compensation awarded by the Tribunal.
On 10.5.2019 at about 9.30 a.m., one Mr. Thirupathi Rathod was proceeding in JCB VMT 330 Baby Roler from Muluru towards Padubidre. When he reached near Babbariya Sthana, N.H.66, Muloor village, Kaup, Udupi district, at that time, a Tanker bearing Registration No.KA-17-D-4181 belonging to the 1st respondent and driven by its driver in a rash and negligent manner from Muluru towards Padubidre dashed against the JCB VMT 330 Baby Roler of the deceased, due to which the said Mr. Thirupathi Rathod suffered serious injuries to his body. Immediately, he was shifted to Adarsha hospital, Udupi, where despite best treatment, he succumbed to the injuries.
3.1 It is stated by the claimants that the deceased Thirupathi Rathod was the sole bread winner of the family and he was survived by the claimants, who are the legal
representatives and dependants. It is also stated that the claimants have spent huge amount towards medical treatment, conveyance, funeral and obsequies. It is further pleaded that
the deceased was aged 28 years and working as driver in Seetha Laxmi Infra Developers, Kapu earning Rs.25,000/- per month. Due to his death, the claimants have also lost love, affection and company of the deceased and financial security. Hence, the claimants preferred a claim petition seeking compensation.
3.2 On service of notice, Respondent Nos.1 and 2 filed separate written statements denying the averments made in the claim petition including age, avocation, income and negligence attributed against the driver of the offending vehicle i.e., tanker and sought for dismissal of the claim petition.
3.3 On the basis of the pleadings, the Tribunal framed relevant issues for consideration.
3.4 In order to substantiate the issues and establish the case, the claimant No.1 examined herself as PW.1, the eyewitness as PW.2 and employer as PW.3 and got marked Ex.P1
to Ex.P85. The respondents did not adduce any evidence nor marked any documents on their behalf.
NC: 2024:KHC:3224 MFA No. 465 of 2022
NC: 2024:KHC:3224 MFA No. 465 of 2022
not been questioned. Therefore, negligence is rightly attributed
against the driver of the offending vehicle – tanker.
claimant/PW.1 with regard to non-production of sufficient material in respect of proof of income, she denied the same. As per the salary certificate/Ex.P8, the deceased was drawing total remuneration of Rs.17,000/-, including fixed allowance of Rs.3,000/-. However, the Tribunal has taken the income to be Rs.14,000/- per month as per the Legal Services Authority chart.
Income Tax returns, statement of income, ESI contribution sheet etc., in proof of income. It is evident from the records
NC: 2024:KHC:3224 MFA No. 465 of 2022
that the deceased was a driver of heavy goods vehicle by profession and as per the evidence of PW.1, the deceased worked for more than 5 years as a driver. Therefore, driver of a heavy goods vehicle cannot be equated with the daily wager or an agriculturist for assessment of income as per the Legal Services Authority chart. Hence, on the basis of the material available on record and making a reasonable assessment of the salary that would be earned by a driver of the heavy goods vehicle, it is expedient to assess the monthly income of the deceased to be Rs.17,000/-. Though the claimants have stated that the deceased was earning Rs.25,000/- per month, I do not find any cogent material to assess the income to be Rs.25,000/-per month.
NC: 2024:KHC:3224 MFA No. 465 of 2022
for interference. The Tribunal rightly adopted the multiplier of ‘17’. Therefore, ‘loss of dependency’ in the present case would be Rs.36,41,400/- { Rs.17,000 + Rs.6,800 (40%) – Rs.5,950 (one-third) = Rs.17850/-; Rs.17850 x 12 x 17 = Rs.36,41,400/-} as against Rs.29,98,800/- awarded by the Tribunal.
NC: 2024:KHC:3224 MFA No. 465 of 2022
| Sl. No. |
Head of compensation | Amount of compensation awarded |
|---|---|---|
| 1 | Loss of dependency | Rs 36,41,400-00 |
| 2 | Loss of spousal consortium to petitioner No.1 |
Rs. 44,000-00 |
| 3 | Loss of parental consortium to petitioners 2 to 4 |
Rs. 1,32,000-00 |
| 4 | Loss of filial consortium to petitioners 5 and 6 |
Rs. 88,000-00 |
| 5 | Towards loss of estate | Rs. 16,500-00 |
| 6 | Towards funeral, obsequies expenses and transportation of dead body |
Rs. 16,500-00 |
| 7 | Towards medical expenses | Rs. 1,25,531-00 |
| Total | Rs.40,63,931-00 |
O R D E R
NC: 2024:KHC:3224 MFA No. 465 of 2022
per annum from the date of petition till
realization.
iii) The impugned judgment & award passed by the Tribunal in MVC No.941/2019 is modified accordingly.
List No.: 1 Sl No.: 64
Sd/JUDGE
GSS
2 issues framed by the court
Whether the monthly income of a deceased driver of a heavy goods vehicle can be enhanced based on salary certificates and income tax records despite the tribunal relying on the notional income chart.
Whether the compensation awarded by the Tribunal, particularly regarding loss of dependency with a multiplier of 17 and 40% towards future prospects, requires interference.
Colour shows how this judgement treated each authority
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As recorded by the court registry
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