Karnataka High Court
Suresh Since Dead By Lrs vs Krishnamurthy S Mojor on 13 September, 2022
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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MFA No. 967 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 967 OF 2020 (MV-D)
BETWEEN:
SURESH SINCE DEAD BY LRS
1. SMT SHOBHA
W/O LATE SURESH C
AGED ABOUT 54 YEARS
2. VENUGOPAL C
S/O LATE SURESH C
AGED ABOUT 33 YEARS
3. KUM USHA C
D/O LATE SURESH C
AGED ABOUT 30 YEARS
ALL ARE R/A GANJAM VILLAGE
S R PATNA TALUK
MYSORE DISTRICT-577201
Digitally signed
by BELUR ...APPELLANTS
RANGADHAMA
NANDINI
(BY SRI. K V NAIK, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. KRISHNAMURTHY S MOJOR
S/O LATE SUBBAIAH T B
R/A GUMBAZ ROAD GANJAM
S R PATNA TALUK
MANDYA DISTRICT-577201.
2. MANAGER ,
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MFA No. 967 of 2020
THE NEW INDIA ASSURANCE COMPANY LIMITED
JLB ROAD CHAMUNDIPURAM
MYSURU-577201
...RESPONDENTS
(BY SMT LOKESHWARI, ADV. FOR R2,
NOTICE TO R.1 D/W VOD 18.7.2.)
THIS APPEAL IS FILED UNDER SECTION 173 (1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
20.05.2019 PASSED IN MVC NO.1141/2017, ON THE FILE OF
THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT,
SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. The original claimant Suresh had filed a claim petition seeking compensation for the injuries suffered by him in the accident which occurred on 01.02.2017 when he was hit by a car. During the pendency of the claim petition, the original claimant passed away as a result of the injuries suffered by him and consequently, his wife and children have come on record.
2. The fact that the accident occurred is not in dispute. It is also not in dispute that the offending vehicle was insured and -3- MFA No. 967 of 2020 as a result of the accident, the claimant had sustained serious injuries and ultimately, he succumbed to the same.
3. The Tribunal after assessing the evidence determined the notional income of the claimant at Rs.7,000/- per month and proceeded to award the following sums as compensation:
Amount Particulars in (Rs.)
1. Loss of Dependency for petitioners 2,94,000
2. On traditional heads 15,000 A. Loss B. Towards funeral expenses 15,000 C. Loss of Consortium 40,000
3. Towards Medical Expenses 13,42,880
4. Towards Food, attendant and 81,000 Conveyance charges Total 17,87,880
4. The Tribunal has assessed the notional income at Rs.7,000/- per month. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the notional income determined by Karnataka State Legal Services Authority, which, for the -4- MFA No. 967 of 2020 accident of the year 2017, would be Rs.11,000/-. Out of the said sum, 1/3 of the income is deducted towards personal expenses, the monthly income of the deceased would be Rs.7333/-. As the deceased was aged 61 years, a multiplier of '7' will have to be applied. Consequently, the claimants would be entitled to a sum of Rs.6,15,972/- (7333 x 12 x 7) towards "loss of dependency".
5. The claimants being the wife and children, would each be entitled to a sum of Rs.44,000/- towards "loss of consortium"
and they would also be entitled to a sum of Rs.33,000/- under the "conventional heads".
6. The Tribunal has awarded Rs.13,42,880/- towards "medical expenses" and these are based on documentary evidence. Therefore, the said head is confirmed.
7. The Tribunal has awarded an amount of Rs.81,000/-
"towards food, attendant and conveyance charges". Taking into consideration the fact that the injured was hospitalized for 81 days and having regard to the fact that he subsequently passed -5- MFA No. 967 of 2020 away after 1 year and 2 months, it would be appropriate to enhance the said sum to Rs.1,50,000/-.
8. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums:
Sl. Amount
Particulars
No. in (Rs.)
1. Loss of Dependency 6,15,972
2. Loss of Consortium 1,32,000
3. Conventional Head 33,000
4. Medical expenses 13,42,880
Towards Food, attendant and
5. 1,50,000
Conveyance charges
Total 22,73,852
9. Thus, the claimants would be entitled for compensation of Rs.22,73,852 /- as against Rs.17,87,880/- awarded by the Tribunal, along with interest at the rate of 6% per annum on the enhanced amount from the date of petition till its realization.
-6-MFA No. 967 of 2020
10. The Insurance Company is directed to deposit the amount of compensation awarded within a period of two months from the date of receipt of a certified copy of this judgment.
11. The amount shall be disbursed in terms of the award of the Tribunal.
The appeal is accordingly allowed in part.
Sd/-
JUDGE brn List No.: 1 Sl No.: 50