Partly allowed

Shankarappa v. Vs Radhakrishna

Karnataka HC20 Jan 2024MFA/979/2018

Case brief

AI extract

What is this about?

Parents of a nine-month-old child killed in a road accident sought enhancement of Tribunal-awarded compensation. Applying Kishan Gopal, the court fixed notional income at Rs.30,000 p.a., multiplier 16 based on the mother's age, enhanced heads including consortium, and allowed enhanced compensation of Rs.2,08,000 with 6% interest.

What did the court decide?

Enhanced compensation of Rs.2,08,000 with 6% per annum interest from date of petition till realization, in addition to Tribunal award.

Shankarappa v Vs Radhakrishna — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:2848 MFA No. 979 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.979 OF 2018 (MV-D)

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BETWEEN:

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SHANKARAPPA V AGED ABOUT 36 YEARS, S/O VARADARAJ,

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PREMA AGED ABOUT 36 YEARS, W/O SHANKARAPPA, BOTH ARE R/AT BHATRAHALLI VILLAGE, PRIYANKANAGAR, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT.

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…APPELLANTS

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(BY SMT. SWATHI.G. HEGADE ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H, ADVOCATE)

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AND:

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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RADHAKRISHNA AGE MAJOR, S/O DHARMAA NAIDU, R/AT NO.2/2, 9^TH MAIN, K. P. AGRAHARA, MAGADI ROAD, BENGALURU.

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THE UNITED INDIA INSURANCE CO. LTD., SUGUNA NURSING HOME BUILDING, NEAR KSRTC BUS STAND, KOLAR REP: BY ITS BRANCH MANAGER. …RESPONDENTS

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(BY SRI.P.B. RAJU ADVOCATE FOR R2; R1 NOTICE D/W V/O DT: 08/11/2019)

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NC: 2024:KHC:2848 MFA No. 979 of 2018

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2017 PASSED IN MVC NO.333/2015 ON THE FILE OF THE MACT AND II ADDITIONAL SENIOR CIVIL JUDGE, KOLAR. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal is filed by the parents/claimants seeking enhancement of compensation awarded by the II Addl. Senior Civil Juge, Kolar by judgment and award dated 29.06.2017 passed in MVC No.333/2015.

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The factum of accident, death of minor boy and

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coverage of insurance, are not in dispute.

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Heard the arguments of both sides and perused the materials on record.

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In the present case, deceased is a 9 months old baby. The Tribunal has awarded total compensation of Rs.4,10,000/-. The Tribunal has considered the notional income of Rs.20,000/- per annum and multiplied by the

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3 - NC: 2024:KHC:2848 MFA No. 979 of 2018

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multiplier ‘18’ and accordingly, granted a sum of Rs.3,60,000/- under the head ‘loss of dependency’ and awarded compensation of Rs.50,000/- towards other incidental charges. Thus, it has awarded compensation of Rs.4,10,000/- in total.

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The Tribunal has committed an error in holding the notional income at Rs.20,000/- per month. As per the decision of KISHAN GOPAL & ANR. V. LALA AND

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OTHERS¹ , a sum of Rs.30,000/- p.a. is to be held and the age of younger parent is to be taken. It is shown that the age of the mother is 33 years as on the date of accident, therefore, the relevant multiplier applicable is ‘16’. Therefore, loss of dependency is reassessed as under:

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Rs.30,000/- x 16 = Rs.4,80,000/-

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Thus, claimants are entitled for compensation of Rs.4,80,000/- under the head ‘loss of dependency’.

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1 2013 ACJ 2594

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4 - NC: 2024:KHC:2848 MFA No. 979 of 2018

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Further, the claimants are entitled to

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compensation of Rs.88,000/- (Rs.40,000/- x 2 dependents + 10% escalation) under the head ‘loss of consortium’.

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Further, compensation of Rs.50,000/is

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awarded towards ‘transportation and funeral expenses’.

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Thus, claimants are entitled to compensation

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under various heads as follows:

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Sl. No.	Particulars	Awarded by Tribunal	Awarded by this Court
1	Loss of dependency	3,60,000/-	4,80,000/-
2	Loss of consortium	50,000/-	88,000/-
3	Transportation and funeral expenses	--	50,000/-
	Total	4,10,000/-	6,18,000/-

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The Tribunal has awarded compensation of

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Rs.4,10,000/-, but the appellants/claimants are entitled to total compensation of Rs.6,18,000/-. Hence, the appellants/claimants are entitled to enhanced compensation of Rs.2,08,000/(Rs.6,18,000/Rs.4,10,000/-). Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.2,08,000/- along

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NC: 2024:KHC:2848 MFA No. 979 of 2018

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with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following:

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ORDER

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i. Appeal is allowed-in-part .

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ii. The impugned judgment and award dated 29.06.2017 passed by the II Addl. Senior Civil Judge, Kolar, in MVC No.333/2015, is modified to the extent that the appellants/claimants are entitled to enhanced compensation of Rs.2,08,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by

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the Tribunal.

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iii. No order as to costs.

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6 - NC: 2024:KHC:2848 MFA No. 979 of 2018

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iv. Registry is directed to transmit the TCR

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along with copy of this order to the

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Tribunal forthwith.

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v. Draw award accordingly.

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Sd/JUDGE

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DR List No.: 1 Sl No.: 27

Shankarappa v. Vs Radhakrishna

Case brief

What is this about?

What did the court decide?

Shankarappa v. Vs Radhakrishna

Case brief

What is this about?

What did the court decide?

What the court decided

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