Partly allowed

Ganapu v. Mrs Shakila M Naik

Karnataka HC5 Jun 2024MFA/6594/2018

Case brief

AI extract

What is this about?

Claimants appealed enhancement of compensation for the death of a 90-year-old man in a road traffic accident. The court assessed notional income at Rs.9,500 per month with multiplier '5' and awarded Rs.5,30,000 total compensation against Rs.70,000 awarded by the Tribunal.

What did the court decide?

Enhanced compensation of Rs.4,60,000 over the Tribunal's Rs.70,000; total Rs.5,30,000 with interest at 6% per annum from date of petition till realization, payable by insurer within three months.

Ganapu Vs Mrs Shakila M Naik — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:19300 MFA No. 6594 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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MISCELLANEOUS FIRST APPEAL NO. 6594 OF 2018 (MV-D)

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BETWEEN:

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GANAPU W/O LATE PANJU POOJARY AGED ABOUT 72 YEARS.

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PARVATHI D/O LATE PANJU POOJARY AGED ABOUT 38 YEARS.

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SINGARI

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D/O LATE PANJU POOJARY AGED ABOUT 36 YEARS.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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ALL ARE RESIDING AT KULLAMBALLI KERADI VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT - 576 233.

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(BY SRI PUNEETH, ADVOCATE FOR SRI VIJAY SHETTY B, ADV.)

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…APPELLANTS

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AND:

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MRS. SHAKILA M NAIK W/O MADAVA NAIK AGED ABOUT 50 YEARS R/AT RAJMAHAL ADYARA MANGALAORE MANGALORE TALUK

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2 - NC: 2024:KHC:19300 MFA No. 6594 of 2018

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SOUTH CANARA DISTRICT PIN - 575 029.

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THE NATIONAL INSURANCE CO LTD MANGALORE KODIYAL BAIL BRANCH REPRESENTED BY BRANCH MANAGER KUNDAPURA BRANCH, KUNDAPURA TALUK, UDUPI DISTRICT PIN - 576 201.

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…RESPONDENTS

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(BY SRI ASHOK N PATIL, ADV., FOR R-2; R-1 SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28/02/2018, PASSED IN MVC NO.910/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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 is filed by the appellants/claimants challenging the award dated 28^th February, 2018 passed by the Senior Civil Judge and Member, Addl. MACT, Kundapura in MVC No.910/2016.

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The appellants filed a claim petition under Section

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166 of the Motor Vehicles Act for awarding just and proper

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3 - NC: 2024:KHC:19300 MFA No. 6594 of 2018

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compensation for the death of husband of appellant No.1 and father of appellant Nos.2 and 3 who succumbed to the injuries in a road traffic accident on 28.3.2016. The Tribunal awarded global compensation of Rs.70,000/-.

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Being dissatisfied with the quantum of

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compensation, the present appeal is filed.

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Heard learned counsel for the appellants and

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learned counsel for the respondent/insurance company.

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It is undisputed that husband of appellant No.1

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and father of appellant Nos.2 and 3 died in a road traffic accident on 28.3.2016 due to the rash and negligent act of driver of the offending vehicle covered under the insurance policy issued by the respondent/insurance company herein. The deceased was aged about 90 years as on the date of accident, and the appropriate multiplier would be '5'. The Tribunal awarded global compensation of Rs.70,000/- without awarding compensation towards 'loss of dependency' and 'loss of consortium'. In the absence

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4 - NC: 2024:KHC:19300 MFA No. 6594 of 2018

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of proof of income of the deceased, the notional income of the deceased is assessed at Rs.9,500/- per month as per

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the chart issued by the Legal Services Committee.

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In view of the above, appellants/claimants are

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held entitled to compensation as mentioned in the table

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below:

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Sl. No.	Head of compensation	Amount of compensation awarded
1	Loss of dependency (Rs.9,500 x 12 x 5 x 2/3^rd)	Rs.3,80,000-00
2	Loss of consortium (Rs.40,000 x 3)	Rs. 1,20,000-00
3	Loss of estate	Rs. 10,000-00
4	Transportation and funeral expenses	Rs. 20,000-00
	Total	Rs. 5,30,000-00

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Accordingly, I pass the following:

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O R D E R

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i) The appeal is allowed in part .

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ii) The appellants/claimants are held entitled to total compensation of Rs.5,30,000/- (Rupees

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5 - NC: 2024:KHC:19300 MFA No. 6594 of 2018

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five lakhs thirty thousand only) with interest at the rate of 6% per annum from the date of petition till the actual realization as against global compensation of Rs.70,000/- awarded by the Tribunal.

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iii) The enhanced compensation amount of Rs.4,60,000/- with interest shall be deposited by the respondent - insurance company within three months from the date of receipt of certified copy of the judgment.

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iv) The impugned award is modified to the above extent.

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v) All other terms and conditions stipulated by the tribunal shall stand intact.

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GSS CT:DN List No.: 1 Sl No.: 18

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Sd/JUDGE

Ganapu v. Mrs Shakila M Naik

Case brief

What is this about?

What did the court decide?

Ganapu v. Mrs Shakila M Naik

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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