Disposed

The Divisional Manager v. Yashavanthachari

Karnataka HC21 Jun 2024MFA/6652/2018

Case brief

AI extract

What is this about?

Appeal and cross-objection in a fatal road accident claim concerning a 78-year-old deceased. The High Court enhanced the notional income to Rs.7,000 per month, deducted one-third for personal expenses, raised total compensation from Rs.3,60,000 to Rs.5,10,000 with 6% interest on the enhancement, confirmed KSRTC's liability, and proportionately apportioned amounts among all legal heirs.

What did the court decide?

Compensation enhanced from Rs.3,60,000 to Rs.5,10,000 with 6% interest on the enhancement, payable proportionally among legal heirs; KSRTC liability confirmed; deposit transmitted to jurisdictional co

The Divisional Manager Vs Yashavanthachari — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:27438 MFA No. 6652 of 2018 C/W MFA.CROB No. 44 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 6652 OF 2018 (MV-D)

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C/W

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MFA CROSS OBJECTION NO. 44 OF 2020 (MV-D)

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IN M.F.A.No.6652/2018

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BETWEEN:

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THE DIVISIONAL MANAGER, KSRTC, SAGAR, DEPOT DAVANAGERE DIVISION, DAVANGERE – 577 001. (OWNER OF THE KSRTC BUS BEARING NO.KA.17/F.1148).

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

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THE MANAGING DIRECTOR INTERNAL SECURITY FUND, KSRTC SARIGE BHAVANA, K.H. ROAD, BANGALORE – 560 0027. BOTH THE APPELLANTS ARE REPRESENTED BY ITS CHIEF LAW OFFICER.

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(BY SRI. F.S. DABALI., ADVOCATE)

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…APPELLANTS

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AND:

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YASHAVANTHACHARI, S/O LATE SRINIVASA PATTAR @ SRINIVASACHAR, AGED ABOUT 40 YEARS, R/O LBS NAGAR, BASAPURA ROAD, NEAR MATTIHALLI RICE MILL, DAVANGERE – 577 001.

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2 - NC: 2024:KHC:27438 MFA No. 6652 of 2018 C/W MFA.CROB No. 44 of 2020

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HANUMANTHA DEVAPPA ACHAR, S/O DEVAPPA, AGED ABOUT 48 YEARS, OCC: DRIVER KSRTC, SAGAR DEPOT, BADGE NO.1247, R/O HIREKAI VILLAGE, SIDDAPURA TALUK, KARWAR DISTRICT – 581 355. (DRIVER OF THE K.S.R.T.C. BUS BEARING NO.KA-17/F-1148).

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DADAVALI, S/O BUDEN SAB, AGE MAJOR, R/O RAMAGONDANA HALLI VILLAGE, DAVANGERE TALUK AND DISTRICT – 577 001. (OWNER OF VEHICLE BEARING NO.KA-17/P-2366).

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THE DIVISIONAL MANAGER, CHOLAMANDALA GENERAL INSURANCE CO. LTD., DESAI CROSS, HUBLI – 580 020. (INSURER OF VEHICLE BEARING NO.KA-17/B-2366).

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AMBAKKA, W/O SRINIVASALU, AGE : MAJOR,

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IRANNA, S/O SRINIVASALU, AGE : MAJOR,

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ASHOK, S/O SRINIVASALU, AGE : MAJOR,

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PRAKASH, S/O SRINIVASALU, AGE : MAJOR, RESPONDENT NO.5 TO 8 ARE

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NC: 2024:KHC:27438 MFA No. 6652 of 2018 C/W MFA.CROB No. 44 of 2020

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R/O GOLASANGI VILLAGE, BASAVANA BAGEVADI TALUK, VIJAYAPURA DISTRICT – 586 203.

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…RESPONDENTS

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(BY SRI.V.NARAYANA SWAMY, ADVOCATE FOR R1; SRI.S.JAYAKUMAR, ADVOCATE FOR R1;

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SRI.O.MAHESH, ADVOCATE FOR R4; SRI.Y.V.VADAVADAGI, ADVOCATE FOR R5 TO R8;

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NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 17.01.2019; R3 SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2018 PASSED IN MVC NO.949/2012 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE & 7TH MACT, DAVANGERE, AWARDING COMPENSATION OF RS.3,60,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION UNTIL REALIZATION.

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IN M.F.A.CROB No.44/2020

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BETWEEN:

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SMT. AMBAKKA, W/O SRINIVASALU, AGED ABOUT 76 YEARS,

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SRI. IRANNA, S/O SRINIVASALU, AGED ABOUT 46 YEARS,

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PRAKASH, S/O SRINIVASALU, AGED ABOUT 42 YEARS,

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ASHOK, S/O SRINIVASALU, AGED ABOUT 44 YEARS, ALL ARE RESIDING AT GOLASANGI VILLAGE, BASAVANA BAGEVADI TALUK, VIJAYAPURA DISTRICT – 586 203.

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…CROSS OBJECTORS (BY SRI. VADAVADAGI YUVARAJ VEERASANGAPPA, ADVOCATE)

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4 - NC: 2024:KHC:27438 MFA No. 6652 of 2018 C/W MFA.CROB No. 44 of 2020

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AND:

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YASHVANTHACHARI, S/O LATE SRINIVASA PATTAR @ SRINIVASACHAR, AGED ABOUT 34 YEARS, R/O LBS NAGAR, BASAPURA ROAD, NEAR MATTIHALLI RICE MILL, DAVANGERE – 577 001.

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HANUMANTHA DEVAPPA ACHAR, S/O DEVAPPA, AGED ABOUT 42 YEARS, OCC: DRIVER KSRTC, SAGAR DEPOT, BADGE NO.1247, R/O HIREKAI VILLAGE, SIDDAPURA TALUK, KARWAR DISTRICT – 581 355.

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THE DIVISIONAL MANAGER, KSRTC SAGAR DEPOT, DAVANGERE DIVISION - 577 001. (OWNER OF THE KSRTC BUS BEARING NO.KA.17/F.1148).

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THE MANAGING DIRECTOR INTERNAL SECURITY FUND, KSRTC SARIGE BHAVANA, K.H. ROAD, BANGALORE – 560 0027.

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DADAVALLI, S/O BUDEN SAB, R/O RAMAGONDANA HALLI VILLAGE, DAVANGERE TALUK AND DISTRICT – 577 001. (OWNER OF VEHICLE BEARING NO.KA-17/P/2366).

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THE DIVISIONAL MANAGER, CHOLAMANDALA GENERAL INSURANCE CO. LTD., DESAI CROSS, HUBLI – 580 020. …RESPONDENTS

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(BY SRI.F.S.DABALI, ADVOCATE FOR R3 AND R4; SRI.O.MAHESH, ADVOCATE FOR R6; SRI.NARAYANASWAMY V., ADVOCATE FOR R1; NOTICE TO R2 AND R5 ARE DISPENSED WITH VIDE ORDER DATED 02.08.2023)

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NC: 2024:KHC:27438 MFA No. 6652 of 2018 C/W MFA.CROB No. 44 of 2020

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THIS MFA CROB IN MFA NO.6652/2018 IS FILED U/O 41 RULE 22 OF CPC, READ WITH SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2018 PASSED IN MVC NO.949/2012 ON THE FILE OF THE III - ADDITIONAL SENIOR CIVIL JUDGE & VII – ADDITIONAL MACT, DAVANGERE, AWARDING COMPENSATION OF RS.3,60,000/- WITH INTEREST AT THE RATE OF 8 PERCENT P.A. FROM THE DATE OF PETITION UNTIL REALIZATION OF ENTIRE AMOUNT.

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THIS M.F.A. AND M.F.A. CROB, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the award dated 04.04.2018 in MVC No.949/2012 passed by the learned III Additional Senior Civil Judge and VII MACT, Davangere.

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The claimant filed a claim petition under Section 166 of the MV Act, stating that he is the sole legal heir of Srinivas Patta @ Srinivasa Acharya, who succumbed to injuries on 07.02.2012. Respondents No.6 to 9 before the Tribunal, claiming that they are the first wife and children of the deceased, got themselves impleaded, stating that they also filed a claim petition before the MACT, Basavana Bagevadi, in MVC No.118/2012. The claimant, in cross-examination, pleaded ignorance of the relationship between respondent Nos.6 to 9 and the deceased and never denied their relationship. Taking into account the evidence on record, the Tribunal held that respondent Nos.6 to 9 are also legal heirs of the deceased Srinivasa Acharya. The Tribunal awarded a total compensation of Rs.3,60,000/- with 8% interest per annum. The

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NC: 2024:KHC:27438 MFA No. 6652 of 2018 C/W MFA.CROB No. 44 of 2020

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insurance company is in appeal, challenging the quantum. Respondent Nos.6 to 9 before the Tribunal filed a cross-objection for enhancement of compensation.

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

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The death of Srinivas Patta @ Srinivasa Acharya in a road traffic accident on 07.02.2012 is not in dispute, and as of the date of the accident, the deceased was aged 78 years. The claimants in their evidence have categorically stated that the deceased was a retired pensioner drawing a pension of Rs.1,000/and also a skilled carpenter and a drama artist. Therefore, in the absence of proof of income, the notional income of the deceased is assessed at Rs.7,000/- as per the chart prepared by the Karnataka State Legal Services Authority, as opposed to Rs.4,000/- assessed by the Tribunal.

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The Tribunal, relying on the decision of the Hon'ble Apex Court, deducted 1/4th of the notional income towards personal expenses of the deceased. Although respondent Nos.6 to 9 before the Tribunal stated that they were residing separately, they did not provide evidence regarding dependency on the income of the deceased. Respondent No.6 is the wife of the deceased Srinivas Patta @ Srinivasa Acharya, and it is inferred that she was dependent on the income of the deceased. Therefore, the Tribunal ought to have deducted 1/3rd towards personal expenses instead of 1/4th. The deceased was aged 78 years as of the date of the

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NC: 2024:KHC:27438 MFA No. 6652 of 2018 C/W MFA.CROB No. 44 of 2020

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accident. Taking the income of the deceased at Rs.7,000/- and deducting 1/3rd towards personal expenses, the income of the deceased is assessed at Rs.4,667/-. The claimants are entitled to a sum of Rs.2,80,000/- (i.e., Rs.4667 * 12 * 5) towards loss of dependency, as opposed to Rs.1,80,000/- awarded by the Tribunal. The claimants and respondent Nos.6 to 9 before the Tribunal are entitled to a sum of Rs.40,000/- each towards loss of consortium, which amounts to Rs.2,00,000/-, and also entitled to a sum of Rs.30,000/- towards estate and funeral expenses.

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The claimants and respondent Nos.6 to 9 are entitled to a total compensation of Rs.5,10,000/- as opposed to Rs.3,60,000/- awarded by the Tribunal.

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The enhanced compensation amount of Rs.1,50,000/(i.e., Rs.5,10,000 - Rs.3,60,000) shall carry interest at the rate of 6% per annum from the date of filing the petition till the date of realization.

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However, the claimants as well as respondent Nos.6 to 9 are not entitled to interest on the entire compensation amount from 10.03.2015 to 07.11.2017.

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The entire compensation amount shall be released to the claimants and respondent Nos.6 to 9 proportionally.

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The amount deposited by the insurance company including the statutory amount in deposit before this Court to be transmitted to the jurisdictional Court.

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NC: 2024:KHC:27438 MFA No. 6652 of 2018 C/W MFA.CROB No. 44 of 2020

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The liability fastened on the KSRTC to pay the compensation amount is confirmed.

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Accordingly, the appeal and cross objection are disposed of. The judgment and award of the Claims Tribunal is modified.

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Sd/JUDGE

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RKA

The Divisional Manager v. Yashavanthachari

Case brief

What is this about?

What did the court decide?

The Divisional Manager v. Yashavanthachari

Case brief

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