Smt. Arunakshi Vs Karuna Kumar M P

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.11.04.2022 PASSED IN MVC NO.460/2020 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS COURT AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

¶28

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

¶29

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶30

3 - NC: 2026:KHC:38356 MFA No. 1816 of 2023

¶31

HC-KAR

¶32

CNR: KAHC010142462023

¶33

ORAL JUDGMENT

¶34

This appeal is filed by the claimants seeking enhancement of compensation awarded in judgment and award dated 11.04.2022 passed in MVC No.460/2020 by the learned V Additional District and Sessions Court and Additional M. A. C. T, Hassan

¶35

2. Though the appeal is listed today for admission, it is taken up for disposal with the consent of the learned counsel for the claimants/appellants and learned counsel for respondent No.2/Insurer.

¶36

3. The appellants/claimants made a claim petition praying to award compensation for the death of Kantharaju (husband of claimant No.1 and father of claimant No.2) in a road traffic accident occurred on 19.12.2019 contending that the accident occurred due to rash and negligent riding of rider of a motor cycle bearing Regn. No.KA-46/J-3802. The Tribunal after recording the evidence, appreciating the evidence on record assessed

¶37

4 - NC: 2026:KHC:38356 MFA No. 1816 of 2023

¶38

HC-KAR

¶39

CNR: KAHC010142462023

¶40

the compensation and awarded compensation under various heads:

¶41

	Heads of compensation	Amount
1	Loss of dependency	Rs.4,86,000.00
2	Funeral expenses	Rs. 15,000.00
3	Loss of estate	Rs. 15,000.00
4	Consortium	Rs. 40,000.00
5	Conveyance charges	Rs. 25,000.00
6	Medical reimbursement	Rs.1,68,358.00
7	Nourishment and diet charge	Rs. 20,000.00
8	Attendant charges	Rs. 3,400.00
	Total	Rs.7,72,758.00

¶42

4. The Tribunal has also awarded interest at the rate of 6% p.a. from the date of petition till realization. The claimants seeking enhancement of compensation awarded have filed the present appeal.

¶43

5. Heard the learned counsel for the appellants/claimants and the learned counsel for respondent No.2/Insurer.

¶44

5 - NC: 2026:KHC:38356 MFA No. 1816 of 2023

¶45

HC-KAR

¶46

CNR: KAHC010142462023

¶47

6. The learned counsel for the

¶48

appellants/claimants would contend that the accident occurred on 19.02.2019 and the notional income for the year 2019 is at Rs.14,000/- p.m. The Tribunal has taken the income of the deceased at Rs.9,000/- p.m. The claimants are the wife and son of the deceased. Considering the same, the Tribunal has erred in taking deduction at 50% and deductions are to be taken 1/3^rd . As the deceased was aged 56 years, which the Tribunal ought to have added 10% future prospects as per decision of Hon'ble Apex Court in the case of N ational Insurance Co. Ltd. -vs- Pranaya Sethi & Ors. (2017 ACJ 2700). The claimants are wife and son of the deceased, and therefore, both are entitled to consortium of Rs.40,000/- each and the Tribunal has erred in awarding Rs.40,000/- under the said head. The compensation awarded under other heads is just and proper. With this, he prayed to allow the appeal and enhance the compensation awarded by the Tribunal.

¶49

6 - NC: 2026:KHC:38356 MFA No. 1816 of 2023

¶50

HC-KAR

¶51

CNR: KAHC010142462023

¶52

7. The learned counsel for the respondent No.2/Insurer would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement of compensation awarded by the Tribunual.

¶53

8. Having heard the learned counsel, the Court has perused the judgment and award.

¶54

9. The accident occurred on 19.12.2019 and as on the date of accident, the deceased was aged 56 years. As per the chart prepared by the Karnataka S tate Legal Service Authority, the notional income for the year 2019 is Rs.14,000/- and the same income is to be taken as against Rs.9,000/- p.m. taken by the Tribunal. The claimants are wife and son of the deceased, and therefore, deduction towards personal expenses of the deceased is to be taken at 1/3^rd as against 50% taken by the Tribunal. As

¶55

per decision of the Hon'ble Apex Court in the case of Pranaya Seth i, the future prospects are to be added at

¶56

7 -

¶57

HC-KAR

¶58

NC: 2026:KHC:38356 MFA No. 1816 of 2023

¶59

CNR: KAHC010142462023

¶60

10%. The Tribunal has rightly applied the multiplier `9' as

¶61

the deceased was 56 years as on the date of accident.

¶62

10. In view of the above, loss of dependency is calculated as under:

¶63

Rs.14,000/- + 1,400/- (10%) = Rs.15,400/- - 1/3^rd = Rs.10,267/- x 12 x 9 = Rs.11,08,836/-

¶64

11. The claimants are the wife and son of the

¶65

deceased, and therefore, they are entitled to consortium in

¶66

a sum of Rs.40,000/- each i.e. Rs.80,000/- as against Rs.40,000/- awarded by the Tribunal.

¶67

12. The Tribunal has rightly awarded the

¶68

compensation under other heads.

¶69

13. In view of the above, the claimants are entitled

¶70

to total compensation under various heads as under:

¶71

	Heads of compensation	Amount
1	Loss of dependency	Rs.11,08,836.00
2	Funeral expenses	Rs. 15,000.00
3	Loss of estate	Rs. 15,000.00

¶72

8 - NC: 2026:KHC:38356 MFA No. 1816 of 2023

¶73

HC-KAR

¶74

CNR: KAHC010142462023

¶75

4	Consortium	Rs. 80,000.00
5	Conveyance charges	Rs. 25,000.00
6	Medical expenses	Rs. 1,68,358.00
7	Nourishment and diet charge	Rs. 20,000.00
8	Attendant charges	Rs. 3,400.00
	Total	Rs.14,35,594.00

¶76

14. The claimants are entitled to total compensation

¶77

of Rs.14,35,594.00 as against Rs.7,72,758.00 awarded by

¶78

the Tribunal with interest at 6% p.a. from the date of petition till realization. Consequently, the claimants are entitled to enhanced compensation of Rs.6,62,836.00 with interest at the rate of 6% p.a. from the date of petition till realization.

¶79

15. The claimants are not entitled to interest for a period of 237 days in filing the appeal.

¶80

16. The respondent No.2/Insurer is liable to pay

¶81

the enhanced compensation with interest.

¶82

In view of the above, the following:

¶83

9 -

¶84

HC-KAR

¶85

NC: 2026:KHC:38356 MFA No. 1816 of 2023

¶86

CNR: KAHC010142462023

¶87

ORDER

¶88

i) The appeal is allowed in part.

¶89

ii) The appellants/claimants are entitled to enhanced compensation of Rs.6,62,836/- with interest at the rate of 6% p.a. from the date of petition till realization.

¶90

iii) The claimants are not entitled to interest for the delay period of 237 days in filing the appeal.

¶91

iv) T he respondent No.2/Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay the interest at the rate of 9% per annum from this day till payment.

¶92

v) The share of compensation among the claimants as determined by the Tribunal remains unaltered.

¶93

vi) T he claimants are entitled to release of the enhanced compensation as per the ratio as determined by the Tribunal.

¶94

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶95

BKM List No.: 1 Sl No.: 26

Smt. Arunakshi v. Karuna Kumar M P

Case brief

What is this about?

What did the court decide?

Smt. Arunakshi v. Karuna Kumar M P

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Neelakanta Murthy Vs Ksrtc

Sri Raveendra Poojary Vs Sathish Sapaliga

The Managing Director Vs Sri. Ningaiah

Sri Devaraju M v Vs Sri a Munishamyreddy

Viraj Devadiga Vs Gokul

Sri G Thimmanna @ Thimmanna Vs the Managing Director