Karnataka High Court
Parameshwarappa S/O Veeranagouda vs E.Devappa S/O Giriyappa on 13 February, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:2890
MFA No. 23317 of 2013
C/W MFA No. 23318 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.23317 OF 2013 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.23318 OF 2013 (MV-D)
IN M.F.A. NO.23317 OF 2013
BETWEEN:
SMT. PARVATHAMMA W/O. PARAMESHWARAPPA,
AGED ABOUT 42 YEARS,
R/O. SREERAMPURAM COLONY,
BEHIND HOTEL PAWAN, BELLARY.
...APPELLANT
(BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
1. E. DEVAPPA S/O. GIRIYAPPA,
MAJOR, OWNER OF THE LORRY BEARING
REG. NO.KA-34/A-181,
R/O: WARD NO.17, JANATHA COLONY,
Digitally signed by
MALLIKARJUN OPP. BSAL FACTORY, ANANTHAPUR ROAD,
RUDRAYYA
KALMATH BELLARY.
Location: HIGH
COURT OF
KARNATAKA 2. M/S. UNITED INDIA INSURANCE CO. LTD.,
BY ITS DIVISIONAL MANAGER,
K.C. ROAD, BELLARY.
...RESPONDENTS
(BY SRI N.R. KUPPELUR, ADVOCATE FOR R2;
R1-SERVICE OF NOTICE DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 24.11.2011 PASSED ON
THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BELLARY
IN MVC NO.773/2011 AND ETC.,
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MFA No. 23317 of 2013
C/W MFA No. 23318 of 2013
IN M.F.A. NO.23318 OF 2013
BETWEEN:
1. PARAMESHWARAPPA S/O. VEERANAGOUDA,
AGED ABOUT 48 YEARS,
2. SMT. PARVATHAMMA W/O. PARAMESHWARAPPA,
AGED ABOUT: 42 YEARS,
BOTH ARE NOW RESIDING AT:
SREERAMPURAM COLONY,
BEHIND HOTEL PAWAN, BELLARY.
...APPELLANTS
(BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
1. E. DEVAPPA S/O. GIRIYAPPA,
MAJOR, OWNER OF THE LORRY BEARING
REG. NO.KA-34/A-181,
R/O: WARD NO.17, JANATHA COLONY,
OPP. BSAL FACTORY, ANANTHAPUR ROAD,
BELLARY.
2. M/S. UNITED INDIA INSURANCE CO. LTD.,
BY ITS DIVISIONAL MANAGER,
K.C. ROAD, BELLARY.
...RESPONDENTS
(BY SRI N.R. KUPPELUR, ADVOCATE FOR R2;
R1- SERVICE OF NOTICE DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 24.11.2011 PASSED ON
THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BELLARY
IN MVC NO.775/2011 AND ETC.,
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 23317 of 2013
C/W MFA No. 23318 of 2013
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these appeals are listed for admission, with the consent of learned counsel for the parties, they are taken up for disposal.
2. MFA No.23317/2013 is filed by the appellant/injured challenging the judgment and award passed in MVC No.773/2011. MFA No.23318/2013 is filed by the claimants seeking enhancement of compensation against the judgment and award passed in MVC No.775/2011. These two appeals are arising out of the common judgment and award dated 24.11.2011 on the file of Motor Accident Claims Tribunal-XII, Bellary (for short, 'Tribunal').
3. Heard the arguments and perused the material placed before the Court.
4. The occurrence of accident, the injuries sustained by the claimant and death of the deceased-Yarriswamy in the connected appeal and coverage of insurance are not in dispute in these cases.
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5. In this case, from the medical evidence on record it is proved that the claimant/injured had suffered injury to the spine and back.
6. The tribunal has awarded compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and sufferings 30,000
2. Towards medical expenditure 70,099
3. Towards attendant charges, extra 6,900
nourishment and conveyance
4. Towards loss of earnings during the 6,000
period of hospitalisation
5. Loss of future amenities of life or for 1,05,840
21% whole man disability and for loss of earning capacity Total: 2,18,839
7. The claimant has only grievance in holding the income at Rs.3,000/- per month. Therefore, prays to hold the income at Rs.5,000/- per month as the accident occurred on 19.01.2009. In the absence of proof of income, as per the chart prepared by the Karnataka State Legal Services Authority, for the year 2009, income is to be taken at Rs.5,000/-. The claimant was aged 40 years old at the time -5- NC: 2025:KHC-D:2890 MFA No. 23317 of 2013 C/W MFA No. 23318 of 2013 of accident. Therefore, appropriate applicable multiplier is '15'. Considering the injuries suffered by the claimant, the evidence of doctor who has assessed and stated 21% of permanent disability is found to be correct. Hence, loss of future income due to disability is hereby calculated as under:
Rs.5,000 x 12 x 15 x 21% = Rs.1,89,000/-.
8. The compensation of Rs.25,000/- is awarded under the head loss of amenities and the compensation awarded under other heads are just and proper. Hence, the same is kept intact.
9. Thus, the claimant is entitled for total compensation under various heads as under:
SL.NO. PARTICULARS AMOUNT
(IN.RS.)
1. Towards injuries, pain and suffering 30,000/-
2. Towards Medical expenses 70,099/-
3. Towards attendant charges, extra 6,900/-
nourishment and conveyance.
4. Towards loss of earnings during the 6,000/-
period of hospitalisation
5. Towards loss of amenities 25,000/-
6. Towards loss of future income due to 1,89,000/-
disability
Total Compensation 3,26,999/-
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MFA No. 23317 of 2013
C/W MFA No. 23318 of 2013
10. Therefore, the claimant is entitled for total
compensation of Rs.3,26,999/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,18,839/- awarded by the Tribunal.
MFA No.23318/2013
11. In this case, the tribunal has awarded compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards funeral and last obsequies 5,000/-
2. Towards loss of estate 5,000/-
3. Towards loss of dependency to the 2nd 2,62,000/-
petitioner
Total: 2,62,000/-
12. Insofar as quantum of compensation is
concerned, the Tribunal has not taken correct parameters. The accident occurred on 19.01.2009. The deceased was aged 22 years bachelor as on the date of accident and was doing agricultural coolie. Hence, notional income is to be taken at Rs.5,000/- per month, as recognized by the Karnataka State Legal Services Authority. In view of the decision of the Hon'ble Apex Court in case of National -7- NC: 2025:KHC-D:2890 MFA No. 23317 of 2013 C/W MFA No. 23318 of 2013 Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, considering the age of the deceased, 40% of the income is to be added towards loss of future prospects in life. The deceased was bachelor. Therefore, 50% of the income is to be deducted towards his personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is 18. Therefore, loss of dependency is re-assessed and quantified at Rs.7,56,000/- (Rs.5,000 + 40% minus 50% x 12 x 18).
13. In view of the decision of the Hon'ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED V. NANU RAM & OTHERS, reported in 2018 ACJ 2782 and in the case of PRANAY SETHI (SUPRA), the claimants are entitled for Rs.40,000/- under the head 'loss of consortium', along with 10% escalation. There are two dependents i.e., his father and mother. Accordingly, Rs.88,000/- (Rs.40,000 x 2 + 10%) is awarded under the head 'loss of consortium including loss of love and affection'. Further, the claimants are entitled to Rs.16,500/- each -8- NC: 2025:KHC-D:2890 MFA No. 23317 of 2013 C/W MFA No. 23318 of 2013 towards loss of estate and funeral expenses including 10% escalation.
14. Further, a compensation of Rs.15,000/- each is awarded under the head 'loss of estate' and 'funeral and transportation' respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded.
15. Thus, the claimants would be entitled for compensation under various heads as under:
Particulars Amount
(in Rs.)
Towards loss of dependency 7,56,000/-
Towards loss of estate and 33,000/-
transportation of dead body and funeral expenses (15,000 x 2 + 10%) Towards loss of consortium 88,000/-
(44,000 x 2)
Total 8,77,000/-
16. Thus, the claimants are entitled to total
compensation of Rs.8,77,000/- as against Rs.2,62,000/- awarded by the Tribunal long with interest at the rate of 6% p.a. from the date of filing of the petition till realization. -9-
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17. In the result, I proceed to pass the following:
ORDER i. Both the appeals are allowed in part. ii. The judgment and award dated 24.11.2011, passed by the Motor Accident Claims Tribunal-XII, Bellary in MVC Nos.775 and 773/2017, stands modified. iii. The claimant in MFA No.23317/2013 is entitled for total compensation of Rs.3,26,999/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against the compensation of Rs.2,18,839/- awarded by the tribunal. iv. The claimants in MFA No.23318/2013 are entitled for total compensation of Rs.8,77,000/- along with interest at the rate of 6% p.a. from the date of petition till its
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NC: 2025:KHC-D:2890 MFA No. 23317 of 2013 C/W MFA No. 23318 of 2013 realization, as against the compensation of Rs.2,62,000/- awarded by the tribunal. v. The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.
vi. Send a copy of this judgment to the trial Court.
vii. No order as to costs.
viii. Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 32