Rajappa Vs Sri. Vijayakumara S

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2015 PASSED IN MVC NO.749/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-8, AT SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellants/claimants under

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Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 24.03.2015 passed in MVC No.749/2012 on the file of the II Additional Senior Civil Judge and Additional MACT-8 at Shivamogga, seeking enhancement of compensation.

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3 - NC: 2026:KHC:29397 MFA No. 5997 of 2015

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HC-KAR

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Heard the arguments of learned counsel for the

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appellants and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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The brief facts of the case are that, one Ramesh S/o Rajappa, met with an accident on 11.03.2012 and died subsequently. His parents filed claim petition claiming compensation of Rs.25,50,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.6,88,000/- with interest at the rate of 6% p.a., from the date of petition till the date of deposit.

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Being aggrieved by the said order, the claimants preferred this appeal and mainly contended that the deceased-Ramesh was working at Anu Sounds and Shamiyana, Bavikere and he was also a driver and was earning Rs.10,000/- per month. But the Tribunal erred in taking his income at Rs.6,000/- per month and deducted 50% towards personal expenses. The Tribunal failed to properly consider the facts while awarding the amount

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4 - NC: 2026:KHC:29397 MFA No. 5997 of 2015

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HC-KAR

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under the head loss of consortium, love and affection and funeral expenses. The amounts awarded under the other heads are also meagre. Therefore, requested for enhancement of the compensation and the interest is to be granted at the rate of 9% per annum.

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Though it is stated that deceased-Ramesh, was earning Rs.10,000/- per month, the claimants have not filed any income proof. As deceased-Ramesh met with an accident in the year 2012, his notional income is to be taken as Rs.7,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased-Ramesh, was aged 24 years and the applicable multiplier is ‘18’. He is also entitled to 40% addition towards future prospects and 50% is to be deducted towards his personal expenses. Accordingly, the loss of dependency comes to Rs.10,58,400/- (7,000 + 40% × 12 × 18 - 50%). Petitioners are entitled to Rs.40,000/- each towards filial consortium. The petitioners are also

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5 - NC: 2026:KHC:29397 MFA No. 5997 of 2015

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HC-KAR

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entitled to a sum of Rs.30,000/- under the conventional

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heads.

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Thus in all, compensation awarded by this Court

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is as below:

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Sl.Nos.	Particulars	Amount in Rs.
1	Towards loss of dependency	10,58,400/-
2	Towards filial consortium	80,000/-
3	Towards conventional heads	30,000/-
	Total	11,68,400/-

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Hence, the appellants-claimants are entitled for

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a total compensation of Rs.11,68,400/- along with interest at the rate of 6% p.a.

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The Tribunal held that there was a breach of

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terms and conditions of the insurance policy and accordingly, exonerated the Insurance Company from liability. It further held that the owner and driver of the offending vehicle were jointly and severally liable to pay the compensation and directed them to deposit the

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6 - NC: 2026:KHC:29397 MFA No. 5997 of 2015

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HC-KAR

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awarded amount within one month from the date of the order. But so far they have not deposited any amount. Therefore, this court deems fit to direct respondent Nos.1 and 2 to deposit a sum of Rs.11,68,400/-.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part. ii. The judgment and award dated 24.03.2015 passed in MVC No.749/2012 on the file of the II Additional Senior Civil Judge and Additional MACT-8 at Shivamogga, is modified.

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iii. The claimants are entitled to a sum of Rs.11,68,400/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,88,000/granted by the tribunal.

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7 - NC: 2026:KHC:29397 MFA No. 5997 of 2015

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HC-KAR

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iv. Respondent Nos.1 and 2 are directed to deposit a sum of Rs.11,68,400/- along with interest at the rate of 6% per annum within one month from the date of this order.

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v. On such deposit, petitioners are permitted to withdraw the entire amount along with interest accrued on the same equally.

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Sd/(P SREE SUDHA) JUDGE

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AMA

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List No.: 1 Sl No.: 40

Rajappa v. Sri. Vijayakumara S

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Rajappa v. Sri. Vijayakumara S

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