Thimmappa v. Basamma

ORDER i. The above appeal is partly allowed; ii. The judgment and award dated

31.1.2013 passed in MVC No.244/2011 by the Itinerary Senior Civil Judge, Additional MACT., Hosadurga is modified to the extent holding that the appellants and respondent No.1 shall be entitled to a further sum of `5,50,200/- together with

interest @ 6% per annum from the date of petition till the date of payment in addition to the compensation awarded by the Tribunal. In all other respects, the judgment and award of the Tribunal remains unaltered; iii. The enhanced compensation shall be apportioned in the following manner:

(a) a sum of `71,320/- together with accrued interest shall be payable to respondent No.1/claimant;

(b) a sum of `3,00,000/- together with accrued interest shall be payable to appellant No.2/respondent No.3 before the Tribunal; c) a sum of `1,78,880/- together with accrued interest shall be payable to appellant No.1/respondent No.2 before the Tribunal; iv. Respondent No.2 (in the present appeal) /KSRTC

shall deposit the enhanced amount together with accrued interest within a period of six weeks from date;

v. Out of the apportioned amount, a sum of `2,00,000/- awarded in favour of the appellant No.2 shall be kept in a Fixed Deposit in any Nationalised Bank of the choice of appellant No.2 for a period of two years, upon expiry of which, the deposit amount together with accrued interest shall be released in favour of appellant No.2 (mother of the deceased) without any further orders either from the Tribunal or from this Court in this regard. The remaining amounts awarded to appellants and respondent No.1 (in this appeal) together with accrued interest shall be released/disbursed in favour of the said parties; vi. The Registry to draw the modified award accordingly; vii. Records be transmitted to the Tribunal forthwith;

No costs.

Sd/- (C.M. POONACHA) JUDGE

BS - List No.: 1 Sl No.: 17

NC:(2026:KHC:17557( MFA(No.(7557(of(2013( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(27 (DAY(OF(MARCH,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA( MISCELLANEOUS(FIRST(APPEAL(NO.(7557(OF(2013((MV)( BETWEEN:(( ( 1., THIMMAPPA, S/O,KARIYAPPA, AGED,ABOUT,67,YEARS, AGRICULTURIST, , 2., JAYAMMA,, W/O,THIMMAPPA, AGED,ABOUT,57,YEARS, , BOTH,ARE,R/O,BORAGANAHALLY,VILLAGE, HIRENALLURU,HOBLI, KADUR,TALUK, CHIKKAMANGALORE,DISTRICT,577,548, …APPELLANTS, (BY,SRI.,GIREESHA,S,N,,ADVOCATE,FOR, ,,,,,,SRI.,MANJUNATH,N,D,,ADVOCATE), Digitally ,signedtiby NIRMALA AND:( DEVI ( Location: 1., BASAMMA, HIGH0COURT W/O,LATE,B,T,NAGARAJU, OF AGED,ABOUT,25,YEARS,KARNATAKA HOUSEHOLD,WORK, R/O,BORAGANAHALLY,VILLAGE,, HIRENALLURU,HOBLI, KADUR,TALUK,, CHIKKAMANGALORE,DISTRICT,, NOW,HAVING,RESIDENTIAL,ADDRESS,, BASAMMA,D/O,MYLARAPPA, AGED,ABOUT,25,YEARS, R/AT,HOSAKUNDUR,VILLAGE,, NC:(2026:KHC:17557( MFA(No.(7557(of(2013( ( , ,,HC-KAR( ( ( KASABA,HOBLI, HOSADURGA,TALUK,577,527, CHITRADURGA,DISTRICT, , 2., MANAGING,DIRECTOR,KSRTC,, K,H,ROAD,, BANGALORE,(HASSAN,DEPOT),, INTERNAL,SECURITY,FUND, SARIGE,BHAVANA, BANGALORE,560,002, …RESPONDENTS, (BY,SRI.,GURUDATH,V,R,,ADVOCATE,FOR, ,,,,,,SMT.,SPOORTHY,HEGDE,N,,ADVOCATE,FOR,R1, ,,,,,,SRI.,B.,L.,SANJEEV,,ADVOCATE,FOR,R2), , , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT, AND, AWARD, DATED, 31.1.2013, PASSED, IN, MVC, NO.244/2011,ON,THE,FILE,OF,THE,ITINERARY,SENIOR,CIVIL, JUDGE,, ADDITIONAL, MACT,, HOSADURGA,,PARTLY,ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING, ENHANCEMENT,OF,COMPENSATION., , , THIS, APPEAL,, COMING, ON, FOR, ORDERS,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,C.M.,POONACHA, , ORAL(JUDGMENT( 1. The, present, appeal, is, filed, impugning, the, judgment, and, award,dated,31.1.2013,passed,,in,MVC,No.244/2011,on,the,file, of, the, Itinerary, Senior, Civil, Judge,, Additional, MACT.,, 1Hosadurga ., The, Tribunal,, vide, the, impugned, judgment, has, allowed,the,claim,petition,filed,by,the,respondent,No.1/claimant, hereinafter referred to as the 'Tribunal' (wife of the deceased) and awarded a total compensation of `6,47,000/- together with interest @ 6% per annum from the date of petition till realization. The mother and father of the deceased were arrayed as respondent Nos.2 and 3 respectively before the Tribunal. Out of the compensation awarded, no portion has been apportioned in favour of respondent Nos.2 and 3. Hence, the parents of the deceased have filed the present appeal seeking for enhancement in the quantum of compensation as also for appropriate apportionment in the quantum of compensation. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. 3. The deceased (B.T. Nagaraj) was aged 30 years as on date of the accident i.e., on 17.07.2010. He was stated to be a driver. But no documents have been produced to demonstrate his income. The Tribunal has assessed the income of the deceased as `4,000/- per month. Having regard to the date of the accident, the income of the deceased is re-assessed as `5,500/- per month. 4. 40% is required to be added towards future prospects in terms of the judgment of the Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED -V- PRANAY SETHI & OTHERS2. 1/3rd is to be deducted towards personal expenses. The Tribunal has applied appropriate multiplier of '17', which is just and proper. Accordingly, the loss of dependency is re-assessed as (`5,500/- + 40% - 1/3rd x 12 x 17) `10,47,200/- as against `6,12,000/- awarded by the Tribunal. 5. The loss of consortium is required to be awarded to the wife as well as to the parents of the deceased in terms of the judgment of the Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and others3. Accordingly, a sum of (`40,000 x 3) `1,20,000/- is awarded towards the same as against `10,000/- awarded by the T