IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7 T H DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA
MFA NO.101298/2017 (MV-D)
Between:
1. Smt. Rukmini
W/o. Late Rudrappa Udhoji,
Age 44 years,
Occ: Household work,
2. Kumari Laxmi
D/o. Late Rudrappa Udhoji,
Age 22 years, Occ: Student,
3. Kumar Lohit
S/o. Late Rudrappa Udhoji,
Age 19 years, Occ: Student,
4. Kumar Rahul
S/o. Late Rudrappa Udhoji,
Age 16 years, Occ: Student,
All are R/o. Gulaganjikoppa,
Gudi Oni, Dharwad.
Appellant No.4 being minor
represented by his mother
i.e., appellant No.1.
... Appellants
(By Shri C.S. Nagashetti, Advocate)
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And:
1. Daulat Ram
S/o. Rameshwar Lal,
Age major Occ: Business,
R/o.: No.18, Khedi Aluka Ayadan
KA, BAS, THE, PHULERA, Jaipur,
St. Rajsthan, Pin-302003.
2. The Divisional Manager,
Reliance General Insurance Co. Ltd.,
CTS No.472/474,
V.A. Kalaburgi Square,
Desai Cross, Deshpande Nagar,
Hubballi-580020.
..... Respondents
(By Shri G.N. Raichure, Advocate for R2;
Notice to R1 - dispensed wtih)
This MFA is filed under Section 173(1) of Motor
Vehicles Act, ag ainst the judgment and award dated
30.07.2016, p assed in MVC No.809/2012 on the file of
the III-Addl. Senior Civil Judge and Member Addl.
MACT, Dharwad , partly allowing the claim p etition for
comp ensation and seeking enhancement of
comp ensation.
This appeal coming on for admission, this day, the Court
delivered the following:
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JUDGMENT
The claimants, being dissatisfied with the award of Rs.8,20,000/- for the death of Rudrappa are in appeal.
2. The fact that the accident occurred and the fact that the vehicle in question was insured is not in dispute. The tribunal has recorded a finding that an accident did occur on 21.04.2012 when the deceased-Rudrappa was standing near Haradhayanpur Yard by the side of Jaipur-Ajmer Road, when the mini truck bearing registration No.RJ-14/GC-7314 hit him resulting in death of the Rudrappa at the spot.
3. The Tribunal for the purposes of determining the compensation has assessed the notional income of Rs.6,000/- to Rudrappa since there was no credible evidence regarding his salary.
4. The Tribunal by adopting the multiplier of 13 has awarded a sum of Rs.6,24,000/- towards loss of dependency and the following sums on other heads:
Sl. Heads Amount
No.
01 Compensation towards consortium Rs.50,000/-
02 Loss of love and affection Rs.60,000/-
03 Loss of estate Rs.50,000/-
04 Transportation & funeral expenses Rs.36,000/-
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05 Loss of dependency Rs.6,24,000/-
TOTAL Rs.8,20,000/-
5. Learned counsel for the appellants submits that the notional income assessed by the Tribunal at Rs.6,000/- per month was on the lower side. He submitted that even as per the chart prepared by the Karnataka State Legal Services Authority, in respect of an accident of the year 2012, the notional income of a motor vehicle accident victim is to be taken as Rs.6,500/- per month and the said sum would have to be adopted for the purposes of computing the compensation.
6. He also submits that as per the decision of the Constitutional Bench in the case of National Insurance Company Ltd vs. Pranay Sethi and others, reported in AIR 2017 Supreme Court 5157, future prospects of 25% is required to be added to the notional income and the compensation is also required to be awarded towards loss of love and affection as determined in the case of Pranay Sethi and others (Supra).
7. Learned counsel for the Insurance Company on the other hand contended that the award of the Tribunal was just and proper and did not call for any interference. :5:
8. I have considered the submissions of the learned counsel and perused the material on record.
9. The Tribunal has assessed the notional income of the deceased-Rudrappa at Rs.6,000/- per month, in my view instead of the said sum of Rs.6,000/- it would be prudent to adopt the notional income fixed by the Karnataka State Legal Services Authority for an accident of the year 2012, which would be a sum of Rs.6,500/- per month.
10. In accordance with the judgment of the Hon'ble Apex Court in the case of Pranay Sethi and others (Supra) a factor of 25% is required to be added as future prospects, which makes the notional income of the deceased-Rudrappa to be Rs.8,125/- (Rs.6,500/- + Rs.1,625/-). Since the deceased-Rudrappa had four dependants, 1/4th of the said sum will have to be deducted and the notional income of the deceased-Rudrappa would therefore be a sum of Rs.6,094/-. By applying the multiplier of 13, since the deceased was aged about 47 years, the claimants would be entitled to a sum of Rs.9,50,664/- (Rs.6,094/- x 12 x
13) towards loss of dependency as against Rs.6,24,000/- awarded by the Tribunal.
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11. In addition, the claimants would be entitled to a sum of Rs.30,000/- towards conventional heads and a sum of Rs.40,000/- each towards loss of love and affection as held by the Hon'ble Apex Court in the case of Pranay Sethi and others (Supra).
12. Thus, the claimants would be entitled for the compensation on the following heads:
Sl. Heads Amount
No.
01 Under conventional heads Rs.30,000/-
02 Loss of love and affection Rs.1,60,000/-
(Rs.40,000/- x 4)
03 Loss of dependency Rs.9,50,664/-
TOTAL Rs.11,40,664/-
13. Accordingly, I pass the following:
ORDER
(i) The appeal is partly allowed.
(ii) The judgment and award passed by the tribunal is modified. The appellants-claimants would be entitled to a total compensation of Rs.11,40,664/- instead of Rs.8,20,000/- awarded by the tribunal with interest @ 6% p.a. from the date of petition till the date of realization.
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(iii) The Insurance Company is directed to deposit the enhanced compensation before the Tribunal within a period of eight weeks from the date of receipt of a copy of this order.
Sd/-
JUDGE Vnp*