Sri. Kumarapa vs Nagarajappa on 13 September, 2019

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Karnataka High Court

Sri. Kumarapa vs Nagarajappa on 13 September, 2019

Bench: Krishna S.Dixit

                          1

     IN THE HIGH COURT OF KARNATAKA, BENGALURU

     DATED THIS THE 13TH DAY OF SEPTEMBER, 2019

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

              M.F.A.NO.9009/2018 (MV-D)

BETWEEN:

1.     SRI.KUMARAPPA
       S/O KENCHAPPA,
       AGED ABOUT 51 YEARS,

2.     SMT.HALAMMA
       W/O KUMARAPPA,
       AGED ABOUT 46 YEARS,

       PETITIONERS NO.1 & 2 ARE
       R/O. LINGADAHALLI VILLAGE,
       HOLALKERE TALUK - 577 526.
       CHITRADURGA DIST.
                                      ...APPELLANTS
(BY SRI.SHIVAKUMARAPPA T.C, ADVOCATE)
AND:
1.     NAGARAJAPPA
       S/O JAYAPPA,
       OWNER OF TRACTER BEARING
       NO.KA-TC-17-3700,
       R/O ANABERU VILLAGE AT POST,
       DAVANAGERE TALUK AND
       DISTRICT - 577 001.

2.     JAYAPPA
       S/O RANGAPPA
       OWNER OF TRACTER-TRAILER
       BEARING NO.KA-17-1363,
       R/O ANABERU VILLAGE,
       AT POST, DAVANAGERE TALUK
       AND DISTRICT - 577 001.
                              2

3.    THE DIVISIONAL MANAGER
      IFFCO-TOKIO GENERAL
      INSURANCE CO. LTD.
      NO.71432 PCA AND RD BANK BUILDING,
      LAWYERS ROAD, KVEMPU NAGARA,
      DAVANAGERE - 577 001.
                                   ...RESPONDENTS
      [




      (BY SRI.D.VIJAYA KUMAR, ADVOCATE FOR R3;
      NOTICE TO R1 & R2 IS D/W)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED:
24/07/2018, PASSED IN MVC No.522/2017, ON THE
FILE OF THE SENIOR CIVIL JUDGE & JMFC, AND MACT,
HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:-

                      JUDGMENT

This appeal by the claimants lays a challenge to the judgment and award dated 24.07.2018 whereby, the MACT, Holalkere having favoured the claim petition in MVC No.522/2017 awarding compensation of Rs.9,39,000/- with interest at the rate of 6% p.a. on the ground that the award of compensation inadequate.

2. After service of notice, respondent/insurer entered appearance through its Senior Panel Counsel who opposed the appeal.

3. Having heard the learned counsel for the parties and having perused the appeal papers, the compensation needs to be enhanced because:

a) The MACT for the accident year 2016 has taken monthly income as Rs.6,000/- when the deceased was an agriculturist and of a very young age; the claimants have placed on record the RTC extract at Ex.P11. The Lok Adalat Income Chart mentions Rs.9,500/- being the notional monthly income; no reasons are assigned by the MACT as to why the same is not taken; therefore, the notional monthly income value needs to be altered from Rs.6,000/- to Rs.9,000/-.

b) The MACT ought to have granted enhanced value at the rate of 40% in view of decision of Apex Court in the case of National Insurance Company Limited V/s Pranay Sethi and others, AIR 2017 SC 5157 at para 61 also finds force there being no contrary material to deny such benefit to a poor youth of his life; therefore, there has to be 40% enhancement (9,000x40%) of Rs.3,600/- which comes to Rs.12,600/- (9,000+3,600) and after deduction the half of it comes to (6,300x12 months) 4 Rs.75,600 and the compensation under the head Loss of Dependency is reworked out as under:

9,000+3,600 = 12,600 = 6,300x12x18 = Rs.13,60,800/- 2

c) In view of the decision of the Apex Court in the case of Magma General Insurance Company Ltd. V/s Nannu Ram alias Chuhru Ram and others, 2018 ACJ 2782, parents of the deceased are entitled to compensation under the head, "loss of parental consortium" and a sum of Rs.50,000/- is awardable under this head, regard being had to facts and circumstances of the case.

d) To this needs to be added a sum of Rs.30,000/- as compensation payable under the 'conventional heads' in view of para 61(v) of decision Pranay Sethi supra and that the altered compensation is reworked out as under:

Loss of Dependency Rs.13,60,800=00 Parental consortium Rs. 50,000=00 Loss of Estate Rs. 15,000=00 Funeral expenses Rs. 15,000=00 Total Rs.14,40,800=00 In the above circumstances, this appeal succeeds; impugned judgment and award are modified enhancing 5 the compensation of Rs.9,39,000/- to Rs.14,40,800/- (Fourteen Lakh Forty Thousand and Eight Hundred Rupees) only with interest at the rate of 6% p.a. All other terms and conditions of the award are left intact.

The respondent/insurer shall make good the deficiency within a period of six weeks.

Sd/-

JUDGE UN

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