Smt Yallavva Kumar Kandli @ Yallavva Vs Ramesh D.H. — Motor Accident Claims | Karnataka HC (2025)

Smt Yallavva Kumar Kandli @ Yallavva Vs Ramesh D.H. — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed-in-part; the judgment and award dated 05.11.2022 in MVC No.940/2021 passed by the Additional Senior Civil Judge and Additional MACT, Hassan is modified; claimants entitled to total compensation of Rs.23,74,803/- along with interest at 6% per annum (as against Rs.19,82,923/-); the enhanced compensation amount shall be paid by respondent No.2-Insurance Company within four weeks from receipt of a copy of the order; compensation to be released in favour of the claimants upon proper verification; all other terms of the tribunal regarding apportionment, release and deposit are retained.

Issue for consideration

Whether the compensation awarded by the tribunal was inadequate and required enhancement, particularly on the ground that the tribunal failed to take the correct income of the deceased for computing compensation. +1 more

Court's answer

The deceased was aged 40 years as on the date of the accident; the appropriate multiplier of '15' taken by the tribunal is correct and calls for no interference.

Ratio / Principle

Occurrence of the accident, involvement of the vehicle, and injuries sustained in the road traffic accident leading to death are proved by Exs.P-1 to P-21; the appellants being the dependants and legal heirs of the deceased is not in dispute; negligence is rightly attributed against the driver of the offending vehicle.

Key takeaways

The addition of 25% towards future prospects made by the tribunal does not call for interference.ratio¶¶42
Notional income is revised from Rs.12,500/- (taken by the tribunal) to Rs.14,500/-, as required by the notional income chart provided by the Legal Services Authority for the year 2020.ratio¶¶44
There being 3 dependants, 1/3rd is deducted towards personal and living expenses (which does not call for interference); loss of dependency is accordingly recomputed at Rs.21,74,940/- [(Rs.14,500/- + 25% = Rs.18,125/-) - 1/3rd = Rs.12,083/- x 12 x 15] as against Rs.19,82,923/-.

Detailed headnote1 paragraphs

Motor Vehicles Act, S.173(1) - Fatal road accident claim - Enhancement of compensation - Deceased pedestrian Kumar Sangappa Kandli (aged 40) knocked down by car KA-46-M-1318 on 01.09.2020 near Belur and died on 27.11.2020 - Tribunal (Additional Senior Civil Judge and Additional MACT, Hassan) awarded Rs.19,82,923/- with 6% interest by judgment and award dated 05.11.2022 in MVC No.940/2021 - Claimants (widow and two minor children) appealed for enhancement - Held: multiplier '15' (age 40) and 25% future prospects upheld; notional income revised from Rs.12,500/- to Rs.14,500/- per Legal Services Authority chart for 2020; 1/3rd deducted for 3 dependants; loss of dependency Rs.21,74,940/-; loss of consortium of Rs.40,000/- per dependant (following Pranay Sethi) totalling Rs.1,20,000/- plus 10% escalation (Rs.12,000/-); loss of estate Rs.15,000/-, funeral expenses Rs.15,000/- and medical expenses Rs.37,863/- retained - Total compensation enhanced to Rs.23,74,803/- with interest at 6% per annum, payable by respondent No.2-Insurance Company within four weeks - Appeal allowed-in-part.

1 - NC: 2025:KHC:10251 MFA No. 1163 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.1163 OF 2023(MV-D)

BETWEEN:

SMT. YALLAVVA KUMAR KANDLI @ YALLAVVA, W/O LATE KUMAR KANDLI, AGED ABOUT 32 YEARS.

SUDEEP KUMAR KANDLI @ SUDEEP, S/O LATE KUMAR KANDLI @ KUMAR, AGED ABOUT 17 YEARS.

SEVANTHI KUMAR KANDLI @ SEVANTHI S/O LATE KUMAR KANDLI @ KUMAR AGED ABOUT 15 YEARS.

Digitally signed by CHAITHRA P Location: High Court of Karnataka

2^ND AND 3 APPELLANTS MINOR GUARDIAN MOTHER APPELLANT NO.1, SMT. YALLAVVA KUMAR KANDLI,

ALL ARE R/AT KORAVARA ONI, TADASA VILLAGE, SHIGGAVI TALUK, HAVERI DISTRICT, PRESENTLY R/AT SRINAGARA, BEHIND JAIL, HASSAN CITY, HASSAN -573 201.

…APPELLANTS

(BY SRI. KAVITHA H.C., ADVOCATE)

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AND:

RAMESH D.H. S/O HANUMEGOWDA, DABBE VILLAGE AND POST, KASABA HOBLI, BELUR TALUK, HASSAN 573 201.

MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, 2^ND FLOOR, KRUTHIKA ARCADE, N.R. CIRCLE, HASSAN -573 201.

…RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R2; V/O/D 07.02.2025, NOTICE TO R1 IS D/W)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.11.2022 PASSED IN MVC NO. 940/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

This appeal is filed by the appellants/claimants challenging the judgment and award dated 05.11.2022 passed in MVC No.940/2021 by Additional Senior Civil Judge and Additional MACT., Hassan (for short 'the tribunal'). This appeal is founded on the premise of inadequate and meagre compensation awarded by the tribunal. Consequently, seeking enhancement of compensation.

Parties to the appeal shall be referred to as per

their status before the tribunal.

Brief facts of the case are as under:-

On 01.09.2020, one person by name Kumar Kandli @

Kumar Sangappa Kandli along with his father-in-law was proceeding as a pedestrian towards the Belur bus stop. After completion of his work, when they reached near Neharu Nagara Circle, Belur Town and while crossing the road, at that time, a Car bearing registration No. KA-46-M-

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1318 came from Chikkamagaluru side in a rash and negligent manner and dashed against Kumar Sangappa Kandli, as a result of which, Kumar Sangappa Kandli @ Kumar Kandli sustained severe head injuries and he was shifted to nearby Belur Government Hospital and thereafter, to the Government Hospital at Hassan then again he was shifted to NIMHANS Hopsital, Bengaluru and again to KIMS Hospital at Hubli and thereafter, the said Kumar Sangappa Kandli was discharged from the hospital as he was in the stage of Coma and there was no improvement and he was confined to bed at his house. However unfortunately, he succumbed to the injuries on 27.11.2020 while undergoing treatment.

In view of the sudden and unfortunate death of the deceased, claimants, who are the wife and minor children filed claim petition seeking compensation against the respondents, owner of the offending vehicle and the Insurance Company.

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Upon appearance, respondents filed the statement of objections, denied the claim, sought for dismissal of the claim petition.

On the basis of materials placed on record both oral and documentary, the tribunal awarded total compensation of Rs.19,82,923/- along with interest at 6% per annum, fixed the liability jointly against respondent Nos. 1 and 2 and directed respondent No.2 to pay the compensation within one month from the date of the order.

Being dissatisfied by the inadequate compensation awarded, the appellants are before this Court seeking enhancement of compensation.

It is a vehement contention of learned counsel for the appellants and the tribunal has awarded inadequate compensation. The tribunal has failed to take the correct income of deceased for computing compensation. On these grounds, she seeks enhancement.

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Per-contra, learned counsel appearing for the respondent No.2-Insurance Company sustains the order contends that the compensation awarded is just and reasonable and there is no requirement of enhancement as no material is placed on record with regard to the proof of income of deceased.

I have heard learned counsel for the appellants and learned counsel for the respondents. The occurrence of accident, involvement of the vehicle, injuries sustained in the road traffic accident leading to the death are all proved by production of Exs.P-1 to P-21. The appellants being the dependants and legal heirs of deceased is not in dispute. Negligence is rightly attributed against the driver of the offending vehicle.

Now, coming to the question of age, avocation, income, multiplier for awarding compensation, it is seen that the deceased was aged 40 years as on date of occurrence of accident. The appropriate multiplier would be '15' which is correctly taken, does not call for

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interference. 25% is added towards future prospects by the tribunal which also does not call for interference. Income is taken by the tribunal at Rs.12,500/- whereas, as per the notional income chart provided by the Legal Services Authority, income is required to be taken at Rs.14,500/- for the year 2020. Accordingly, income is taken at Rs.14,500/-. As there are 3 dependents, 1/3^rd is deducted towards personal and living expenses which also does not call for interference. Therefore, the loss of dependency Rs.21,74,940/- , in view of the modified income would be (Rs.14,500/- + 25% = Rs.18,125/- - 1/3^rd = Rs.12,083/- x 12 x 15) as against Rs.19,82,923/-.

Towards loss of consortium, tribunal has awarded Rs.40,000/- only for one person which is erroneous. In view of the judgement of the Hon'ble Apex Court in the case of National Insurance Company Limited -vsPranay Sethi each of the dependant would be entitled to Rs.40,000/- per person. Hence (40,000 x 3) Rs.1,20,000/is awarded under this head.

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They shall also be entitled to 10% escalation. Therefore, addition of Rs.12,000/- is added to this amount. Towards loss of estate Rs.15,000/- and funeral expense Rs.15,000/is retained. Towards medical expenses Rs.37,863/- is retained.

In view of the discussions made herein above, the claimant would be entitled to total compensation of Rs.23,74,803/- as against Rs.19,82,923/-. Accordingly, I pass the following:

ORDER

i) The appeal is allowed-in-part;

ii) The judgment and award dated 05.11.2022 passed in MVC No.940/2021 by Additional Senior Civil Judge and Additional MACT, Hassan is modified;

iii) The claimants would be entitled to a total compensation of Rs.23,74,803/- along with

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interest at 6% per annum as against

Rs.19,82,923/-;

iv) The enhanced compensation amount shall be paid by the respondent No.2-Insurance Company within a period of four weeks from the date of receipt of a copy of this order;

v) The compensation amount shall be released in favour of the claimants, upon proper verification;

vi) All other terms and conditions stipulated by the tribunal with regard to apportionment, release and deposit are retained.

Ordered accordingly.

Sd/(PRADEEP SINGH YERUR) JUDGE

VS List No.: 1 Sl No.: 40 CT:SNN