Case Note & Summary
The appellant, Ningappa, the husband of deceased Smt. Yallawwa, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 28.04.2023 passed by the III Additional Senior Civil Judge and MACT-XII, Vijayapura, in MVC No.110/2022. The Tribunal had awarded a total compensation of Rs.3,60,000/- with interest at 6% per annum for the death of Smt. Yallawwa in a motor vehicle accident that occurred on 07.07.2021. The appellant sought enhancement of compensation. The facts of the case are that on 07.07.2021, Smt. Yallawwa, aged about 50 years, was employed for highway repair work on NH-50, Vijayapura-Hunagund road near KSRTC Bus stand, Nidagundi. While she was working, a lorry bearing registration No.GJ-03/BW-6905 driven by its driver in a rash and negligent manner dashed against her from behind, causing fatal injuries. The appellant filed a claim petition before the Tribunal, which held that the accident occurred due to the negligence of the lorry driver but also held the deceased contributorily negligent to the extent of 50% on the ground that she was working on the middle of the road without any caution. The Tribunal assessed the notional income of the deceased at Rs.11,000/- per month, applied multiplier of 13, deducted 1/3rd towards personal expenses, and awarded Rs.1,14,400/- towards loss of dependency. Additionally, it awarded Rs.1,10,000/- towards spurious income, Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, and Rs.40,000/- towards loss of spousal consortium, totaling Rs.3,60,000/-. The appellant contended that the finding of contributory negligence was perverse as there was no evidence to show that the deceased was negligent, and that the compensation awarded was inadequate. The respondent insurance company supported the Tribunal's award. The High Court, after hearing both sides, held that the finding of contributory negligence was perverse and set it aside, holding the lorry driver solely negligent. The court reassessed the notional income at Rs.13,250/- per month as per the Karnataka Legal Services Authority guidelines for the year 2021, added 10% towards future prospects, applied multiplier of 13, deducted 1/3rd towards personal expenses, and calculated loss of dependency at Rs.7,57,900/-. The court set aside the spurious income of Rs.1,10,000/- and awarded Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, and Rs.40,000/- towards loss of spousal consortium, totaling Rs.8,27,900/-. The appeal was allowed in part, and the respondent insurance company was directed to pay the enhanced compensation with interest at 6% per annum from the date of petition till realization.
Headnote
A) Motor Vehicle Accident - Compensation Enhancement - Negligence - The Tribunal erred in holding the deceased contributorily negligent at 50% without any evidence of negligence on her part, as the accident occurred while she was working on the highway and the offending lorry dashed against her from behind - Held that the finding of contributory negligence is perverse and set aside (Paras 5-6). B) Motor Vehicle Accident - Compensation - Notional Income - In the absence of proof of income, the notional income of the deceased is assessed at Rs.13,250/- per month as per the Karnataka Legal Services Authority guidelines for the year 2021 - Held that the Tribunal's assessment of Rs.11,000/- is modified (Para 7). C) Motor Vehicle Accident - Compensation - Loss of Dependency - Deceased aged 50 years, multiplier of 13 applied, 1/3rd deducted towards personal expenses, future prospects at 10% added - Held that the loss of dependency is recalculated at Rs.7,57,900/- (Para 7). D) Motor Vehicle Accident - Compensation - Conventional Heads - Spurious income of Rs.1,10,000/- awarded by Tribunal is set aside; instead, Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, and Rs.40,000/- towards loss of spousal consortium are awarded - Held that the total compensation is enhanced from Rs.3,60,000/- to Rs.8,27,900/- (Paras 7-8).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the appellant is entitled to enhancement of compensation.
Final Decision
Appeal allowed in part. The impugned judgment and award dated 28.04.2023 in MVC No.110/2022 is modified. The appellant is entitled to total compensation of Rs.8,27,900/- with interest at 6% per annum from the date of petition till realization. The respondent insurance company is directed to deposit the enhanced compensation within eight weeks.
Law Points
- Motor Vehicle Accident
- Compensation Enhancement
- Negligence
- Contributory Negligence
- Notional Income
- Multiplier
- Loss of Dependency
- Funeral Expenses
- Spurious Income
