Allowed

Sri Kotreshappa a v. Oriental Assurance Co. Ltd.

Karnataka HC10 Dec 2024MFA/8957/2019

Case brief

AI extract

What is this about?

Appeal by parents and sister of a deceased Engineering student seeking enhancement of compensation of Rs.24,18,000 awarded for death in a motor vehicle accident. Court adopted Rs.25,000 notional income per its earlier Division Bench decision, added 40% future prospects, applied multiplier 18, and awarded Rs.39,61,500 with 6% interest on the enhanced amount.

What did the court decide?

Compensation enhanced from Rs.24,18,000 to Rs.39,61,500 with 6% p.a. interest on enhancement; insurance company to deposit within two months.

Sri Kotreshappa a Vs Oriental Assurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:51117 MFA No. 8957 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.8957 OF 2019(MV-D)

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BETWEEN:

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SRI KOTRESHAPPA A. AGED ABOUT 55 YEARS S/O. SIDDAPPA

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SMT. KALAVATHI W/O. SRI KOTRESHAPPA A. AGED ABOUT 46 YEARS

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KUM. PRIYANKA K. A. D/O. KOTRESHAPPA A. AGED ABOUT 17 YEARS

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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ALL ARE RESIDING AT NO.546/4, 10^TH CROSS YOGESHWARA LAYOUT OPP. VISHWA SAI SCHOOL BIDADI RAMANAGARA TALUK – 562 109.

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ALSO AT RAITHA BHAVAN INDIRANAGAR BIDADI RAMANAGARA – 562 109

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(SINCE APPELLANT NO.3 IS MINOR SHE IS REPRESENTED BY HER FATHER SRI KOTRESHAPPA A. THE 1^ST APPELLANT HEREIN)

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…APPELLANTS

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(BY SRI RAGHU R., ADVOCATE FOR; SRI SUPREETH B. P., ADVOCATE)

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2 - NC: 2024:KHC:51117 MFA No. 8957 of 2019

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AND:

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ORIENTAL ASSURANCE CO. LTD., NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD BENGALURU – 560 001 REP. BY ITS MANAGER

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M/S. JANATA ROADWAYS PVT. LTD. NO.99, CHANDMARI TR CH KOHIMA NAGALAN – 797 001

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…RESPONDENTS

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(BY SRI P. B. RAJU, ADVCOATE FOR R-1; NOTICE TO R-2 IS DISPENSED WITH VIDE ORDER DATED 10/12/24)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.02.2019, PASSED IN MVC NO.2525/2018, ON THE FILE OF THE VIII-ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM., MEMBER, MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

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THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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3 - NC: 2024:KHC:51117 MFA No. 8957 of 2019

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ORAL JUDGMENT

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Being dissatisfied with a sum of Rs.24,18,000/awarded for the death of Vinay Kumar K.A. an Engineering student, his parents and his sister are in appeal.

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The Tribunal for assessing the said compensation has adopted a notional income of Rs.15,000/-. Learned counsel places reliance on the decision rendered by this Court in the case of Shri Mallikarjun S/o Yallappa Jogannavar and Ors. Vs. Shri Umesh M. S/o Murthy K. and Ors. , reported in 2020 0 Supreme (Kar) 104, in which for an Engineering student who was killed in a motor vehicle accident, the Division Bench has taken Rs.25,000/- as a notional income.

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In my view, since the Division Bench, in the year 2020 has taken the notional income of an Engineering student as Rs.25,000/-, it would be

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4 - NC: 2024:KHC:51117 MFA No. 8957 of 2019

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appropriate to adopt the said income. Since the claimant was aged about 20 years, 40% future prospects will have to be added and 50% will have to be deducted towards personal expenses and a multiplier of ‘18’ will have to be applied. Consequently, towards ‘loss of dependency’, the claimants would be entitled to the following sum:

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Rs.25,000/- + Rs.10,000/- (40%) = Rs.35,000/- - Rs.17,500/- (50%) = Rs.17,500/- X 12 X 18 = Rs.37,80,000/-.

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The claimants being the parents and the sister, each of them would be entitled to Rs.48,400/- and it would be Rs.1,45,200/- (Rs.48,400/- X 3) and Rs.36,300/- under the conventional heads.

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Consequently, the claimants would be entitled to a sum of Rs.39,61,500/- as against Rs.24,18,000/awarded by the Tribunal with the interest of 6% p.a. on the enhanced compensation.

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NC: 2024:KHC:51117 MFA No. 8957 of 2019

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The Insurance company is directed to deposit the award of compensation within two months from the date of receipt of the certified copy of this Judgment.

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The apportionment shall be in the same terms as the award passed by the Tribunal.

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This appeal is accordingly allowed in part.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 12

Sri Kotreshappa a v. Oriental Assurance Co. Ltd.

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Sri Kotreshappa a v. Oriental Assurance Co. Ltd.

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