Sri Annappa Narayan Naik Vs Sri Basavaraju

THE UNITED INDIA INSURANCE CO., LTD., KUNDAPURA BRANCH KUNDESHWARA TEMPLE ROAD KUNDAPURA, UDUPI DISTRICT REP. BY DIVISIONAL MANAGER DIVISIONAL OFFICE, JEWEL PLAZA 1^ST FLOOR, MARUTHI VEETHIKA UDUPI REP. BY DIVISIONAL MANAGER PIN CODE - 576 101.

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…APPELLANT

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(BY SRI BENNI RAVISH CHANDRASHEKAR, ADVOCATE)

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AND:

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ANNAPPA NARAYAN NAIK S/O NARAYAN NAIK AGED ABOUT 56 YEARS.

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HC-KAR

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CNR: KAHC010124022024

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KUM. BHARATHI NAIK D/O ANNAPPA NARAYAN NAIK AGED ABOUT 28 YEARS.

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KUM. KUSUMA NAIK D/O ANNAPPA NARAYAN NAIK AGED ABOUT 29 YEARS.

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GANESH NAIK S/O ANNAPPA NARAYAN NAIK AGED ABOUT 31 YEARS.

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ALL ARE RESIDENT OF HIREDOMO MURUDESHWARA POST, MAVALLI VILLAGE BHATKAL TALUK, U .K DISTRICT PIN CODE - 581 350.

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5. BASAVARAJU

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S/O LATE BASAVAYYA AGED ABOUT 42 YEARS R/O H No.350, KALKUNI, KIRUGAVAL HO MALAVALLI TALUK, MANDYA DISTRICT PIN CODE - 571 424.

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…RESPONDENTS

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(BY SRI NAGARAJA HEGDE, ADVOCATE FOR R1-R4 V/O DTD. 29.02.2024 NOTICE TO R4 D/W)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.12.2023 PASSED IN MVC No. 622/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, AWARDING COMPENSATION OF Rs.25,27,438/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

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HC-KAR

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NC: 2026:KHC:36601 MFA No. 1193 of 2024 C/W MFA No. 3295 of 2024

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CNR: KAHC010124022024

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IN MFA No. 3295/2024

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BETWEEN:

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SRI ANNAPPA NARAYAN NAIK S/O. NARAYAN NAIK AGED ABOUT 56 YEARS.

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KUM. BHARATHI NAIK D/O. ANNAPPA NARAYAN NAIK AGED ABOUT 28 YEARS.

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KUM. KUSUMA NAIK D/O. ANNAPPA NARAYAN NAIK AGED ABOUT 29 YEARS.

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GANESH NAIK S/O. ANNAPPA NARAYAN NAIK AGED ABOUT 31 YEARS

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ALL ARE RESIDING AT: HIREDOMI, MURUDESHWARA POST MAVALLI VILLAGE, BHATKAL TALUK, U.K. DISTRICT.

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...APPELLANTS

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(BY SRI NAGARAJA HEGDE, ADVOCATE)

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AND:

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SRI BASAVARAJU S/O. LATE BASAVAYYA AGED ABOUT 42 YEARS R/AT H. No.350

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KALKUNI, KIRUGAVAL HO MALAVALLI TALUK

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MANDYA DISTRICT.

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THE UNITED INDIA INSURANCE CO. LTD., KUNDAPURA BRANCH

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HC-KAR

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CNR: KAHC010124022024

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KUNDESHWARA TEMPLE ROAD KUNDAPURA, UDUPI DISTRICT BY ITS BRANCH MANAGER.

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...RESPONDENTS

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(BY SRI RAVISH BENNI, ADVOCATE FOR R2 R1 BASAVARAJU - SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.12.2023 PASSED IN MVC No.622/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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MFA No. 1193/2024 is filed by the insurer

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challenging the quantum of compensation and MFA No. 3295/2024 is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 16.12.2023 passed in MVC No. 622/2022 by the Senior Civil Judge and Additional MACT, Kundapura.

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Though the matters are listed for `Admission’ today, with the consent of the learned counsel appearing for the parties they are taken up for disposal.

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HC-KAR

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CNR: KAHC010124022024

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Claimants made a claim petition praying to award compensation for the death of Smt. Madevi Annappa Naik (wife of claimant No. 1 and mother of claimant Nos. 2 to 4) in a road traffic accident that occurred on 30.04.2022 contending that the accident occurred due to the rash and negligent driving by the driver of Tempo Traveller bearing registration No. KA-02AE-6264. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under various heads as under:

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1	Towards loss of dependency (483x30=14,490+25%-1/4^th =18,113x12x14)	Rs.22,82,238.00
2	Loss of love and affection	Rs.60,500.00
3	Loss of consortium	Rs.48,400.00
4	Towards loss of estate	Rs.18,150.00
5	Towards funeral, obsequies expenses and transportation of dead body.	Rs.18,150.00
	Total	Rs.24,27,438.00

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HC-KAR

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CNR: KAHC010124022024

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The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization. Insurer has challenged the quantum and claimants have sought for enhancement of the compensation awarded.

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Heard learned counsel for Insurer and learned counsel for claimants.

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Learned counsel for Insurer would contend that claimant No.1 is the husband, claimant Nos.2 and 3 are married daughters and claimant No. 4 is major son of the deceased and they were not dependent on the deceased. Deduction taken by the Tribunal towards personal expenses of the deceased at 1/4 is not proper. The Tribunal ought to have taken 50% towards personal expenses of the deceased. With this, he prayed to allow the appeal.

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Learned counsel for claimants would contend that the notional income fixed for the year 2022 is

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HC-KAR

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NC: 2026:KHC:36601 MFA No. 1193 of 2024 C/W MFA No. 3295 of 2024

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CNR: KAHC010124022024

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Rs.15,500.00 and the Tribunal erred in taking the income of the deceased at Rs.14,490.00 based on minimum wages. Claimant No. 1 - husband was depending on the deceased and he has stated the same in his evidence. Claimants being the husband and children of the deceased are entitled to consortium. With this, he prayed to allow the appeal and enhance the compensation.

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Having heard learned counsel for the parties,

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this Court has perused the judgment, award and trial Court records.

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Claimant No. 1 is the husband and claimant Nos.2 and 3 are major daughters and claimant No.4 is the major son of deceased Smt. Madevi Annappa Naik. Claimant No.1 who has been examined as P.W.1 has stated that he was depending on the income of the deceased. The deceased was working as a coolie. Claimant Nos. 2 and 3 are daughters and their photographs are affixed on the claim petition which indicate that they are married daughters. Claimant No.4 is major son of the

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HC-KAR

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CNR: KAHC010124022024

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deceased. In the chief examination of P.W.1. Claimant No.4 is stated to be a student studying at Belgaum and there is no denial of the same in the cross-examination. There is a suggestion that there is another son of the deceased and it is put to P.W.1 in the cross-examination.

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Considering the above aspects, claimant No.1 – husband and claimant No. 4 – son were dependent on the deceased. Since there are two dependents deductions towards personal expenses of the deceased is to be taken at 1/3. The Tribunal, considering that the deceased was aged about 45 years, has rightly added 25% towards future prospects and applied multiplier of 14. The Tribunal has taken the income of the deceased at Rs.14,490.00 based on minimum wages. Accident occurred in the year 2022 and for the year 2022 notional income fixed in the chart prepared by the Karnataka State Legal Services Authority is Rs.15,500.00. In view of the above, claimants are entitled to loss of dependency as under:

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15500 + 3875 (25%) = 19375

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HC-KAR

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CNR: KAHC010124022024

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19375 – 1/3 = 12917

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12917 X 12 X 14 = 21,17,056

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Claimants being husband and three children are

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entitled to consortium in a sum of Rs.40,000.00 each with 10% escalation i.e.,

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Rs.44,000 X 4 = 1,76,000.00

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The Tribunal has only awarded consortium of

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Rs.48,400/-. The Tribunal has awarded loss of love and affection’ in a sum of Rs.60,500.00. Since consortium is awarded, claimants are not entitled to said compensation awarded under the head loss of love and affection’.

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Claimants are entitled to loss of estate’ in a sum of Rs.15,000/- and funeral, obsequies expenses and transportation of dead body’ in a sum of Rs.15,000.00 with 10% escalation and it comes to Rs.16,500.00 each.

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In view of the above, claimants are entitled to total compensation as under:

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1 Towards loss of dependency Rs.21,17,056.00

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HC-KAR

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CNR: KAHC010124022024

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2	Loss of consortium	Rs.1,76,000.00
4	Towards loss of estate	Rs.16,500.00
5	Towards funeral, obsequies	Rs.16,500.00
	expenses and transportation of
	dead body.
	Total	Rs.23,79,056.00

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Accordingly, claimants are entitled to total compensation of Rs.23,79,056.00 as against

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Rs.24,27,438.00 awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of realization. The Insurer is liable to pay the said compensation amount with interest.

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In view of the above, the following;

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O R D E R

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i) Appeal filed by the Insurer in MFA No. 1193/2024 is allowed in part.

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ii) Appeal filed by the claimants in MFA No. 3295/2024

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is dismissed.

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HC-KAR

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CNR: KAHC010124022024

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iii) Claimants are entitled to total compensation of Rs.23,79,056.00 as against Rs.24,27,438.00 with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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iv) Insurer shall deposit the said compensation with interest before the Tribunal (excluding amount already deposited) within six weeks from this day failing which it is liable to pay interest at the rate of

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9% p.a. from this day till the date of payment.

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