Karnataka High Court
The Divisional Manager vs Renuka K W/O Khanderay @ Khanderayappa on 22 November, 2022
-1-
MFA No. 100092 of 2018
C/W MFA No. 104428 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
MISC. FIRST APPEAL NO. 100092 OF 2018 (MV-D)
C/W
MISC. FIRST APPEAL NO. 104428 OF 2018
IN MFA NO.100092/2018
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
CHERATERI HOSPITAL ROAD,
A.M. ARCHEDE BUILDING,
DAVANAGERI-577301.
...APPELLANT
(BY SRI. M.Y.KATAGI, ADVOCATE)
AND:
1. RENUKA K.,
W/O KHANDERAY @ KHANDERAYAPPA,
AGE: 37 YEARS,
OCC: HOUSEHOLD,
R/O: HUNASAVALLI,
TQ: SORABA, DIST: SHIVAMOGGA,
NOW AT ALADAKATTI,
DIST: HAVERI-581110.
2. RAMAKKA W/O RAMAPPA NELLIKOPPA
@ NIMBANNANAVAR,
AGE: 67 YEARS, OCC: HOUSE HOLD,
R/O: HUNASAVALLI,
-2-
MFA No. 100092 of 2018
C/W MFA No. 104428 of 2018
TQ: SORABA, DIST: SHIVAMOGGA,
NOW AT ALADAKATTI,
DIST: HAVERI-581110.
3. RAMAPPA,
S/O NEELAPPA NELLIKOPPA @ NIMBANNANAVAR,
AGE: 81 YEARS,
R/O: HUNASAVALLI,
TQ: SORABA, DIST: SHIVAMOGGA,
NOW AT ALADAKATTI,
DIST: HAVERI-581110.
4. LATHA W/O UMESH SHENOY,
AGE: MAJOR, OCC: BUSINESS,
R/O: #NO: 24/2, OOTI ROAD,
SHIVAMOGGA-577201,
(OWNER OF BUS NO: KA-14/B-2220)
...RESPONDENTS
(BY SRI. HANAMANT R.LATUR, ADVOCATE FOR R1 TO R3;
NOTICE TO R4 SERVED)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND
AWARD DATED 28.09.2017 PASSED IN M.V.C.NO.73/2016 ON
THE FILE OF THE MEMBER, ADDL.MOTOR VEHICLE ACCIDENT
CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE,
HAVERI, AWARDING COMPENSATION OF RS.11,33,000/- WITH
INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS
REALISATION.
IN MFA NO.104428/2018
BETWEEN:
1. RENUKA K.,
W/O KHANDERAY @ KHANDERAYAPPA,
AGE: 37 YEARS,
OCC: HOUSEHOLD,
R/O: HUNASAVALLI,
TQ: SORABA, DIST: SHIVAMOGGA,
-3-
MFA No. 100092 of 2018
C/W MFA No. 104428 of 2018
NOW AT ALADAKATTI,
DIST: HAVERI-577415.
2. RAMAKKA W/O RAMAPPA NELLIKOPPA
@ NIMBANNANAVAR,
AGE: 67 YEARS,
OCC: HOUSE HOLD,
R/O: HUNASAVALLI,
TQ: SORABA, DIST: SHIVAMOGGA,
NOW AT ALADAKATTI,
DIST: HAVERI-577415.
3. RAMAPPA S/O NEELAPPA NELLIKOPPA
@ NIMBANNANAVAR,
AGE: 81 YEARS,
R/O: HUNASAVALLI,
TQ: SORABA, DIST: SHIVAMOGGA,
NOW AT ALADAKATTI,
DIST: HAVERI-577415.
...APPELLANTS
(BY SRI. HANAMANT R.LATUR, ADVOCATE)
AND
1. LATHA W/O K.UMESH SHENOY,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: #NO: 24/2, OOTI ROAD,
SHIVAMOGGA-577201,
DIST: SHIVAMOGGA.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA INSURANCE CO. LTD.,
CHERATERI HOSPITAL ROAD,
A.M. ARCHEDE BUILDING,
DAVANAGERI-577301.
...RESPONDENTS
(BY SRI. M.Y.KATAGI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
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MFA No. 100092 of 2018
C/W MFA No. 104428 of 2018
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND
AWARD DATED 28.09.2017 PASSED IN M.V.C.NO.73/2016 ON
THE FILE OF THE MEMBER, ADDL.MOTOR VEHICLE ACCIDENT
CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE,
HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The insurer has filed MFA No.100092/2018 challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal and Principal Senior Civil Judge, Haveri (for short, 'the Tribunal') in MVC No.73/2016 while the claimants have filed MFA No.104428/2018 seeking enhancement of compensation.
2. The parties shall henceforth be referred to as they were arrayed before the Tribunal.
3. The claim petition discloses that the claimants are the legal representatives of deceased H.R.Khandaray. It is stated that on 14.11.2015, said H.R.Khandaray and his father were riding on a motorcycle bearing registration -5- MFA No. 100092 of 2018 C/W MFA No. 104428 of 2018 No.KA-15/ K-1854. When they reached Balligavi village on bridge cross, a bus bearing registration No.KA-14/B-2220 (henceforth referred to as 'offending vehicle') driven by its driver in a rash and negligent manner dashed against the motorcycle resulting in serious injuries Mr.H.R.Khandaray. He was shifted to the Government Hospital at Shiralkoppa and thereafter to N.H.Hospital, Shivamogga and then to Kasturba Hospital, Manipal and thereafter to Mcgann Hospital, Shivamogga where he was admitted as an inpatient. Despite the best efforts of the doctors, the said H.R.Khandaray succumbed to the injuries. The claimants claimed that the deceased was aged 45 years and was a mason and was also doing agriculture work and earning Rs.20,000/- per month. Hence, they filed a claim petition claiming compensation from the owner/insurer of the offending vehicle.
4. The insurer contested the claim petition and denied the accident as well as the negligence on the part of -6- MFA No. 100092 of 2018 C/W MFA No. 104428 of 2018 the driver of the offending vehicle. Based on these contentions, the claim petition was set-down for trial.
5. The claimant No.1 was examined as PW1 who marked Exs.P1 to P13. The insurer/owner did not lead any evidence. Based on the oral and documentary evidence, the Tribunal held that the accident was due to the rash and negligent driving by the driver of the offending vehicle. It considered the notional income of the deceased at a sum of Rs.9,000/- and applied proper multiplier of '14' and awarded the following compensation.
1. Loss of dependency Rs.10,08,000/-
2. Funeral expenses Rs.25,000/-
3. Love and affection Rs.50,000/-
4. Loss of consortium Rs.50,000/-
Total Rs.11,33,000/-
6. Being aggrieved by the same, the present appeal is filed by the insurer contending that there was no proof of -7- MFA No. 100092 of 2018 C/W MFA No. 104428 of 2018 income placed before the Tribunal and the Tribunal committed an error in considering his notional income at a sum of Rs.9,000/- per month while in similar circumstances, this Court has considered the notional income at a sum of Rs.8,000/- per month.
7. Per contra, learned counsel for the claimants contended that the Tribunal failed to award loss of future prospects at 25% of the notional income. He also submitted that they were depended on the deceased. Therefore, 1/3rd of the notional income deserves to be deducted towards living and personal expenses.
8. I have considered the submissions of the learned counsel for the insurer and the claimants.
9. It is not in dispute that in similar circumstances, this Court has considered the notional income of persons dying in road traffic accident in the year 2015 at a sum of Rs.8,000/- per month in respect. Therefore, it is appropriate to consider the income of the deceased at a sum of -8- MFA No. 100092 of 2018 C/W MFA No. 104428 of 2018 Rs.8,000/- per month. In addition, the claimants are entitled to loss of future prospects at 25% of the notional income. 1/3rd of which deserves to be deducted towards personal and living expenses of the deceased. Consequently, the claimants would be entitled to following compensation.
1. Loss of dependency Rs.11,20,000/-
2. Loss of love and affection to the Rs.1,20,000/-
claimants
3. Funeral expenses and loss of Rs.30,000/-
estate Total Rs.12,70,000/-
10. In view of the above, the appeal filed by the insurer is dismissed while the appeal filed by the claimants is allowed in part and the compensation of Rs.11,33,000/- awarded by the Tribunal is enhanced to Rs.12,70,000/- which is payable by the insurer along with interest @ 6% per annum from the date of claim petition till the date of deposit. -9- MFA No. 100092 of 2018 C/W MFA No. 104428 of 2018
The enhanced compensation and interest shall be deposited before the Tribunal within a period of one month from the date of receipt of a certified copy of this judgment.
Upon deposit, 50% of the enhanced compensation along with interest shall be deposited in the name of the claimants No.1 and 2 in equal portion in any nationalized bank for a period of three years.
Any amount in deposit is ordered to be transmitted to the Tribunal for necessary orders.
SD/-
JUDGE CLK List No.: 1 Sl No.: 51