Partly allowed

Lingarajamma v. Managing Director

Karnataka HC5 Mar 2024MFA/836/2020

Case brief

AI extract

What is this about?

Claimants sought enhancement of compensation for the death of a 72-year-old man hit by a KSRTC bus. The High Court revised notional income to Rs.9,500 per month per the Legal Services Authority chart, recalculated loss of dependency with multiplier 5, enhanced funeral expenses, and awarded total compensation of Rs.5,63,040 with 6% interest.

What did the court decide?

Total compensation enhanced to Rs.5,63,040 with 6% interest on enhanced amount, payable within six weeks; Trial Court's apportionment terms intact.

Lingarajamma Vs Managing Director — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:9052 MFA NO.836 OF 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.836 OF 2020 (MV-D)

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BETWEEN:

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LINGARAJAMMA W/O LATE MAHALINGAPPA AGED ABOUT 65 YEARS.

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M. RAVINDRA SWAMY S/O LATE MAHALINGAPPA AGED ABOUT 47 YEARS.

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M. MALLIKARJUNAIAH S/O LATE MAHALINGAPPA AGED ABOUT 41 YEARS. ALL ARE RESIDING AT MADENUR VILLAGE, KASABA HOBLI, TIPTUR TLAUK - 572 201.

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…APPELLANTS

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Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka

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(BY SRI. SHANTHARAJ K., ADVOCATE)

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AND:

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MANAGING DIRECTOR, KSRTC, SHANTHINAGAR DOUBLE ROAD, BENGALURU - 560027.

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…RESPONDENT

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(BY SMT. S. NIRMMALA, ADVOCATE)

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NC: 2024:KHC:9052 MFA NO.836 OF 2020

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT AGAINST THE JUDGMENT AND AWARD DATED 28^TH OCTOBER, 2019 PASSED IN M.V.C. NO.276 OF 2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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J U D G M E N T

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This appeal is preferred by the appellant-claimants challenging the judgment and award dated 28^th October, 2019 passed in M.V.C.No.276 of 2017 by the Senior Civil Judge and JMFC., Tiptur (for short, hereinafter referred to as 'Trial Court’) on the ground that the compensation awarded by the Trial Court is inadequate and meager.

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Parties to the appeal shall be referred to as per

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their status and ranking before the Trial Court.

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Brief facts of the case are as under:

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On 27^th October, 2016, one Mahalingappa was

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standing on the left side of Madihalli Gate and was about to cross the road. During which time, KSRTC bus bearing registration No.KA-17-F-1445 driven by its driver in rash

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3 - NC: 2024:KHC:9052 MFA NO.836 OF 2020

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and negligent manner came in a high speed and dashed against the said Mahalingappa, who was waiting to cross the road. Due to occurrence of the accident, the said Mahalingappa sustained fatal injuries and he was immediately shifted to Government General Hospital, Tiputur for treatment. However, despite best treatment given to him, the said Mahalingappa succumbed to the injuries. Due to untimely death of the said Mahalingappa, claimants who are dependants and legal representatives of the deceased Mahalingappa have filed claim petition, seeking compensation.

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3.2. On service of notice, respondent-Corporation appeared before the Trial Court and filed statement of objections, denying the claim of the claimants including the age, avocation, income and the negligence attributed against the Driver of Bus and sought for dismissal of the claim petition.

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3.3. On the basis of material placed on record by the claimants, the Trial Court awarded total compensation

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NC: 2024:KHC:9052 MFA NO.836 OF 2020

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of Rs.4,10,000/- with interest at the rate of 9% per annum from the date of petition till realisation and directed the respondent-Corporation to pay the compensation amount with interest within a period of one month.

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3.4. Being aggrieved by the meager compensation

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awarded by the Trial Court, claimants are before this Court, seeking enhancement of compensation.

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Heard Sri. Shantharaj K., learned counsel appearing for the appellant-claimants and Smt. Nirmala S., learned counsel appearing for respondent-Corporation.

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Perused the impugned judgment and award and Exhibits P1 to P18 and Exhibits R1 to R5. Exhibits P1 to P3 are the Police records, which depicts the filing of F.I.R. and Charge-sheet against the driver of the offending vehicle i.e., KSRTC Bus. On perusal of the Police records,

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the Trial Court has rightly observed the negligence on behalf of the Driver of the Bus. On perusal of the records,

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NC: 2024:KHC:9052 MFA NO.836 OF 2020

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occurrence of accident, involvement of vehicle and the deceased succumbed for injuries due to the accident is not in dispute as the same is established.

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Now coming to the aspect of age, avocation and income of the deceased as on the date of occurrence of accident, the deceased Mahalingappa was aged about seventy two years and the Trial Court has rightly applied the multiplier at ‘5’, which does not call for interference.

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The income taken by the Trial Court is Rs.6,000/-

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per month as notional income. However, the notional income chart of the Legal Services Authority prescribes the income of Rs.9,500/- per month for the accident of the

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year 2016. Accordingly, income is taken as Rs.9,500/-. There are three claimants upon whom, the Claimant No.1 is widow and claimants 2 and 3 are the major children of the deceased Mahalingappa. Out of the total income, o ne-

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third of the income of the deceased would have to be deducted towards his personal expenses. Hence, the income shall be taken as Rs.6,334/per month

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NC: 2024:KHC:9052 MFA NO.836 OF 2020

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(Rs.9,500-00 - 1/3). Accordingly, the loss of dependency

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would be Rs.3,80,040/- (Rs.6,334-00 X 12 X 5) as against Rs.2,40,000/- awarded by the Trial Court.

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In respect of compensation towards loss of

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consortium/loss of love and affection, the Trial Court awarded total amount of Rs.1,50,000/- under this head. Same is retained.

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Towards Funeral, obsequies & transportation expenses, the Trial Court awarded Rs.20,000/-. Therefore, this Court deems it appropriate to award additional amount of Rs.10,000/-. Therefore, Rs.30,000/- with escalation of 10%, claimants would be entitled for Rs.33,000/- under this head.

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Learned counsel appearing for the respondentCorporation submits that Exhibits R4 and R5 are the copy of Cheque and receipt for having accepted the Cheque for an amount of Rs.50,000/-, which was given to the claimants. However, there is no discussion in this regard

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NC: 2024:KHC:9052 MFA NO.836 OF 2020

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in the judgment and award passed by the Trial Court, so

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also, the respondent-Corporation has not challenged the same, questioning as to why such amount should not be deducted from out of the total compensation. In view of the same, appeal or Cross Objection is not preferred and no such contention is taken by the respondent-Corporation

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before the Trial Court. It is the duty of the respondentCorporation to challenge, if any amount has been paid and establish the same. Hence, I do not find any reason to

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interfere with the impugned judgment and award in respect of the non-consideration of the same.

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In view of the above discussion, the claimants would be entitled to a total compensation of

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Rs.5,63,040/- as against Rs.4,10,000/- as mentioned in the table below:

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Head	Amount (Rs.)
Loss of dependency	3,80,040-00
Loss of love and affection	1,50,000-00
Funeral, obsequies &	33,000-00
transportation expenses
TOTAL	5,63,040-00

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NC: 2024:KHC:9052 MFA NO.836 OF 2020

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Accordingly, I pass the following:

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ORDER

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1. Miscellaneous First Appeal is allowed-in-part ;

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1. The judgment and award dated 28^th October, 2019 passed by the Senior Civil Judge and JMFC., Tiptur in M.V.C.No.276 of 2017 is modified;

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1. The claimants would be entitled for total compensation of Rs.5,63,040/- as against Rs.4,10,000/-;

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1. The enhanced compensation shall carry interest at 6% per annum;

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1. The enhanced compensation amount shall be released in favour of claimants upon proper verification within a period of six weeks from the date of receipt of this order;

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1. All other terms stipulated by the Trial Court in respect of apportionment and release of amount stands intact.

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ARK

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SD/JUDGE

Lingarajamma v. Managing Director

Case brief

What is this about?

What did the court decide?

Lingarajamma v. Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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