The High Court
Case Details
- 1 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.3499 OF 2021(MV-D) BETWEEN: 1. SRI. RAMESHA S/O EREGOWDA, AGED ABOUT 57 YEARS. 2. SMT. SAROJA W/O. RAMESHA, AGED ABOUT 47 YEARS. 3. THEJASWINI D/O. RAMESHA, AGED ABOUT 23 YEARS. ALL ARE RESIDING AT NIDUDI VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT-573 201
Legal Reasoning
(BY SRI. H.J. ANANDA, ADVOCATE) AND: 1. SMT. MUTTHAMMA W/O CHANDRA, AGED ABOUT 53 YEARS, R/AT NO.132, SATHYAMANGALA, Digitally signed by KAVYA R Location: High Court of Karnataka …APPELLANTS - 2 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 GAVENAHALLI POST, HASSAN TALUK AND DISTRICT-573 201. 2. MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., KRUTHIKA ARCADE, 1ST FLOOR, N.R. CIRCLE, HASSAN - 573 201 …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY, ADVOCATE FOR SRI. LAKSHMINARAYANA C., ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2019 PASSED IN MVC NO.717/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, 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 - 3 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 ORAL JUDGMENT This appeal is preferred by the claimants being dissatisfied with the inadequate compensation awarded by the V Additional District and Sessions Court and Additional M.A.C.T. at Hassan (for short ‘the Tribunal’) dated 02.02.2019 in M.V.C.No.717 of 2018. 2. Parties to the appeal shall be referred to as per their status before the Tribunal. 3. It is the case of the appellants-claimants that one deceased Pradeep was returning to Doddapura village on his Motor Bike bearing registration No.KA03-NH-5454, during which time, a lorry bearing registration No.KA-20- A-2030 driven by its driver came in a rash and negligent manner and dashed against his motor bike from behind, due to which, he fell down and sustained grievous injuries and succumbed to the said injuries. - 4 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 4. The appellants-claimants being the dependants /legal heirs of the deceased filed claim petition seeking compensation. On appearance, the respondents filed statement of objections denying the claim of the claimants. However, on the basis of materials placed on record both oral and documentary, the Tribunal awarded total compensation of Rs.10,75,000/- along with interest at 9% p.a. and directed respondent No.2 to pay the compensation. 5. Being dissatisfied with the inadequate compensation, on several grounds urged in the appeal, the appellants are before this Court seeking compensation. 6. It is the vehement contention of the learned counsel for the appellants-claimants that the Tribunal has committed a gross error in taking the income of the deceased at Rs.8,000/- per month whereas, the notional income is prescribed at Rs.9,500/- for the year 2016, as per the chart of the Karnataka State Legal Services Authority. - 5 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 7. It is also contended by the learned counsel for the appellants-claimants that on other heads also the Tribunal has awarded meagre compensation which is not commensurate with the judgments of the Hon'ble Apex Court. Therefore, he seeks enhancement. 8. Per contra, learned counsel for the respondent No.2 - Insurance Company contends that there is no error committed by the Tribunal and sustains the impugned order on the ground that there is just and reasonable compensation awarded by the Tribunal. On these grounds, he seeks dismissal of the appeal. 9. I have heard the learned counsel for the appellants and learned counsel for the respondent No.2- Insurance Company. 10. The occurrence of accident, involvement of vehicle, death having occurred due to the road traffic - 6 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 accident are proved and established by production of Exs.P1 to P10. 11. Now what remains is to be considered is the age, avocation, income of the deceased for awarding compensation. There is no dispute with regard to age of the deceased being 24 years as on the date of occurrence of accident, the multiplier is taken at '18', which does not call for interference. 12. The income of the deceased is taken at Rs.8,000/- by the Tribunal, which in my opinion requires interference and I am in agreement with the learned counsel for the appellant that the same requires to be enhanced to Rs.9,500/- in consonance to the Karnataka State Legal Services Authority chart. Therefore, income is taken at Rs.9,500/- per month. 13. In view of the fact that the deceased was a bachelor, unmarried as on the date of accident, the Tribunal has taken deduction at 50%, 40% of future - 7 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 prospects, does not call for interference. Therefore, loss of dependency would be as under: Rs.9,500/- + 40% = Rs.13,300/- / 2 = Rs.6,650/- x 12 x 18 = Rs.14,36,400/- as against Rs.10,00,800/- awarded by the Tribunal. 14. Towards 'loss of estate' and towards 'funeral expenses' a sum of Rs.15,000/- each head, is awarded by the Tribunal and the same is retained. However, 10% escalation on the same to be awarded, which would come to Rs.33,000/- (30,000/- + 10%). 15. Towards loss of consortium, since there are three dependents, the Tribunal has awarded a sum of ₹40,000/- each and the same is retained. However, on consortium, 10% would have to be added towards escalation. Hence, a sum of Rs.12,000/- is added to this amount, which would be Rs.1,32,000/- (Rs.1,20,000/- + 10%). - 8 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 16. In view of the above discussion, the appellants would be entitled for a total compensation of Rs.16,01,400/- as against Rs.10,75,800/- as mentioned in the table below: Heads Amount in Rs. Loss of dependency Medical expenses 14,36,400-00 1,13,078-00 Loss of estate and funeral expenses 33,000-00 Loss of consortium TOTAL 1,32,000-00 ₹16,01,400-00 17. Accordingly, I pass the following:
Decision
ORDER i) ii) The appeal is allowed-in-part; The judgment and award dated 02.02.2019 passed by the V Additional District and Sessions Judge and Additional M.A.C.T., at Hassan in M.V.C.No.717 of 2018 is modified; iii) The appellants-claimants would be entitled to a sum of Rs.16,01,400/- as against - 9 - NC: 2025:KHC:2607 MFA No. 3499 of 2021 Rs.10,75,800/- awarded by the Tribunal along with interest at the rate of 6% per annum; iv) The enhanced compensation amount shall be paid by the Insurance Company-respondent within a period of four weeks from the date of receipt of a copy of this judgment; v) The compensation amount shall be released in favour of the appellants-claimants on proper verification; vi) All other terms and conditions stipulated by the Tribunal with regard to apportionment and deposit is retained; vii) Registry to send back the entire Court records to the jurisdictional Tribunal forthwith. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 4