Karnataka High Court
Ningappa vs National Insu. Co. Ltd on 17 November, 2022
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.1039/2018 (MV-D)
BETWEEN:
1. NINGAPPA,
S/O LATE RANGAPPA,
AGED ABOUT 53 YEARS,
2. G.E. SUJATHA,
W/O T.NINGAPPA,
AGED ABOUT 50 YEARS,
3. T.N. RAJESH,
S/O T. NINGAPPA,
AGED ABOUT 23 YEARS,
ALL R/O SHIVA PARVATHI NILAYA,
3RD MAIN, 3RD CROSS,
DAVALAGIRI STREET,
CHITRADURGA - 577 501.
... APPELLANTS
(BY SRI.SPOORTHY HEGDE N., ADVOCATE)
AND:
1. NATIONAL INSU. CO. LTD.,
BY ITS MANAGER,
P.B. ROAD,
CHITRADURGA - 577 501.
2. MADHU.S.,
S/O SHIVAMURTHY,
2
AGED ABOUT 45 YEARS,
OWNER OF THE MOTOR CYCLE
NO.KA-16/Y-4285,
R/O MAGANGI VILLAGE,
KURUBARAHATTI POST,
CHITRADURGA TQ., & DISTRICT - 577 501.
... RESPONDENTS
(BY SRI.LAKSHMI NARASAPPA, ADVOCATE FOR
SRI.A.M.VENKATESH, ADVOCATE FOR R1 (VC);
R2 - NOTICE DISPENSED WITH VIDE ORDER
DATED 30.01.2020)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
25.04.2017 PASSED IN MVC NO.1181/2015 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE, & ADDITIONAL
MACT-V, CHITRADURGA, 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
This appeal is filed by the claimants under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award passed in MVC No.1181/2015 dated 25.04.2017 by the Court of II Additional Senior Civil Judge and Addl. MACT-V, Chitradurga seeking enhancement of the compensation.
3
2. The brief facts of the case are that on 22.04.2015 at about 1.45 a.m., the deceased - T.N.Rakesh was proceeding on a motorcycle bearing No.KA-16/Y-4258 as a pillion rider from Devanahalli towards Yelahanka, Bengaluru, when they reached near PB Road, near MVIT junction at Viva Toyata showroom, the rider of the motorcycle rode the same in a rash and negligent manner with high speed without observing traffic rules and regulations and dashed to the road divider, as a result, the deceased jumped from the motorcycle and his head hit against road side electrical pole. Due to which, he sustained severe injuries to his head, face, both hands and other blood injuries all over the body. Immediately, he was shifted to Apoorva Hospital, Bengaluru and then to M.S.Ramaiah Hospital, Bengalur and from there to Karnataka ENT Hospital, Chitradurga and thereafter, to Basaveshwara Hospital, Chitradurga, where he succumbed to injuries on 24.08.2015. Therefore, the claimants, being the parents 4 and brother have filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation.
3. The Tribunal after considering the facts and circumstances and evidence on record, has granted a compensation of Rs.11,82,200/- with interest at the rate of 7.5% p.a. from the date of petition till the date of realisation.
4. Being aggrieved by the lesser quantum of compensation, the present appeal is filed.
5. Heard the arguments on both sides and perused the records.
6. Learned counsel for the appellants/claimants submitted that the quantum of compensation awarded by the Tribunal is meagre one and prays for enhancement of compensation.
7. On the other hand, learned counsel for the respondent No.1-Insurance Company submitted that the 5 compensation awarded by the Tribunal is just and proper and therefore, prays for dismissal of the appeal.
8. The Tribunal has granted the compensation under various heads as follows:
Sl.No. Particulars Amount (in.Rs.)
1. Towards loss of dependency 7,56,000.00
2. Towards loss of love and 1,00,000.00
affection
3. Towards transportation of 25,000.00
dead body, crimination and
obsequies ceremonies
4. Towards expectations 50,000.00
5. Towards medical expenses 2,51,200.00
Total 11,82,200.00
9. In the present case, the deceased was
studying Civil Engineering Course in REVA University, Bangalore. Ex.P10 is the estimation of admission fee, which is given by the REVA University stating that the estimation of fee for pursuing engineering student for the second year. It is stated that the deceased was studying final year civil engineering course and stated that the deceased was admitted to the Civil Engineering course in the year 2012 and the deceased died in the 6 accident on 24.08.2015. Therefore, it is submitted that the deceased was studying final year Civil Engineering course. There is no dispute that the deceased had been admitted to Civil Engineering course in the year 2012. The deceased may be studying either in 3rd year or 4th year. But it is proved that the deceased was an engineering student.
10. The Tribunal has taken the notional income of Rs.7,000/- p.m. The Division Bench of this Court in MFA No.104894/2019 and C/W. MFA No.103864/2018 (MV) dated 28.02.2020 in the case of Shri Mallikarjun vs. Shri Umesh M., has taken notional income of Rs.25,000/- p.m. in the case of death of a engineering student. Therefore, the counsel for the appellants prays to take that income in the present case.
11. On the other hand, learned counsel for the respondent-Insurance Company submitted that the Hon'ble Apex Court in the case of Meena Pawaia & 7 Ors. vs. Ashraf Ali & Ors. reported in 2022 ACJ 528, has taken the notional income of Rs.10,000/- p.m. in case of death of a engineering student. Therefore, prays to take notional income at Rs.10,000/- p.m.
12. The notional income assessed by the Division Bench of this Court and the Hon'ble Apex Court are only guidelines value and persuasive in nature but that is not the ratio. Therefore, considering the undisputed fact that the deceased was a Civil Engineering student studying at least in the 3rd year, by following the judgment of Division Bench of this Court in MFA No.1117/2018 and connected cases dated 13.12.2019 in the case of the Manager, Tata Motors Insurance National Insurance Co., Ltd., vs. Smt. M.C.Sowbhagya & others, a sum of Rs.15,000/- p.m. is taken as notional income in case of death of an engineering student. Further, the Division Bench of this Court in MFA No.9119/2018 and connected case dated 12.03.2020 in the case of 8 Sri H.P.Prasad & another vs. New India Insurance Company Ltd., & another has taken notional income at Rs.15,000/- p.m. in case of death of a engineering student. Considering the above cases, it can be observed that the notional income held is only guideline value. Accordingly, considering the facts that the deceased was studying engineering course, the notional income of Rs.15,000/- p.m., is taken into consideration. As the deceased was aged 23 years as on the date of the accident, the appropriate multiplier applicable is '18'. As per the judgment of Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680, 40% of income is to be added towards 'loss of future prospects in life'. Since the deceased is a bachelor, 50% income is to be deducted towards his personal and living expenses. Therefore, the 'loss of dependency including loss of future prospects in life' is hereby re-assessed and quantified as under:
Rs.15,000 + Rs.6,000 (40% of Rs.15000) = Rs.21,000/- 9 Rs.21,000 x 50% x 18 x 12 = Rs.22,68,000/-
Accordingly, a sum of Rs.22,68,000/- is awarded under the head 'loss of dependency including loss of future prospects in life'.
13. The Tribunal has only granted a sum of Rs.2,51,200/- towards medical expenses and hospitalization charges. This quantum is disputed by the appellants/claimants but justified by the Insurance Company. Ex.P8 are the medical bills and hospitalization charges. Ex.P14 is the discharge summary. The Tribunal has not assigned reasons as to why a sum of Rs.2,51,200/- is awarded under the head 'medical expenses' except by mentioning that medical bills are produced as per Ex.P8 but Ex.P8 are the medical receipts and hospitalization charges in detail is produced. The accident occurred on 22.04.2015 and on the same day, the deceased was admitted in M.S. Ramaiah Hospital, Bengaluru and discharged on 11.07.2015 and second bill generated is from 11.07.2015 to 11.08.2015. The 10 deceased died on 24.08.2015. Therefore, the deceased was continuously in the hospital as inpatient for a period of nearly four months. Ex.P8 are the detailed receipts produced for having spent towards medical expenses and hospitalization charges, which includes prescriptions, doctor's fee, laboratory charges, purchasing medicine, etc. These are the original medical bills produced before the Tribunal. Before the Tribunal, the counsel for the Insurance Company has not cross examined anything regarding disputing the medical expenditure and hospitalization charges except putting one suggestion. There is no specific dispute regarding the medical expenses and hospitalization charges by the Insurance Company before the Tribunal. The Tribunal has committed an error in awarding a sum of Rs.2,51,200/- under the head medical expenses. Therefore, the said finding of the Tribunal regarding grant of compensation under the head medical expenses is liable to be set aside. But as per Ex.P8 medical bills and hospitalization 11 charges, it is proved that the claimants have made expenditure of Rs.6,75,231/- and further, Rs.1,89,012/- which amounts to total sum of Rs.8,64,243/-. Therefore, this Court does not find any double claim or duplication in Ex.P8 medical bills and hospitalization charges. Accordingly, awarded a compensation of Rs.8,64,243/- under the said head.
14. Even though the Tribunal has not awarded compensation for attendant charges since the deceased was in the hospital for a period of nearly four months and the claimants being parents have lost some income and that is compensated by the Tribunal awarding compensation of Rs.50,000/- towards expectations. On other heads, the compensation amount awarded is found to be correct except towards 'loss of love and affection'. There are three claimants. Hence, Rs.1,20,000/- is awarded under the head 'loss of consortium including loss of love and affection' as per the decision of the Hon'ble Apex Court in the case of Magma General 12 Insurance Company Limited v. Nanu Ram and Others, reported in 2018 ACJ 2782.
15. Thus, in all, the claimants are entitled for the following sums:
Sl.No. Particulars Amount (in.Rs.)
1. Towards loss of dependency 22,68,000.00
2. Towards loss of consortium 1,20,000.00
including loss of love and
affection
3. Towards transportation of 25,000.00
dead body, crimination and
obsequies ceremonies
4. Towards expectations 50,000.00
5. Towards medical expenses 8,64,243.00
Total 33,27,243.00
16. The Tribunal has awarded the compensation of Rs.11,82,200/-, but the appellants/claimants are entitled to total compensation of Rs.33,27,243/-. Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.21,45,043/- (Rs.33,27,243 - Rs.11,82,200) with interest at the rate of 6% p.a. from the date of petition till realization, in addition to what has been awarded by the Tribunal. 13
17. Accordingly, I proceed to pass the following:
ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in MVC No.1181/2015 is hereby modified holding the claimants are entitled for enhanced compensation of Rs.21,45,043/- with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal. iii. The claimants are not entitled for interest for the delayed period of 169 days in filing the appeal. iv. The Registry is directed to return the Trial Court Records along with certified copy of this order, forthwith.
v. Draw award accordingly.
Sd/-
JUDGE
KA