-1-
MFA No. 101984 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 28TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 101984/2022
(MV-D)
BETWEEN:
1. UNITED INDIA INSURANCE CO. LTD
UMA MAHESHWARA RAO BUILDING,
STATION ROAD, HOSPETE,
DIST. BELLARY, KARNATAKA.
PIN-583201.
REPRESENTED BY ITS SR. DIVISIONAL MANAGER
...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
AND:
1. SMT. NIRMALA
W/O. LATE BASAPPA REVANKI,
AGE. 22 YEARS,
OCC. HOUSEHOLD
2. SHIVAPPA S/O. BASAPPA REVANKI
AGE. 59 YEARS,
OCC. AGRICULTURIST.
3. SMT. BASAMMA W/O. SHIVAPPA REVANKI
AGE. 48 YEARS,
ALL ARE R/O. YEREHANCHINAL,
TQ. YELBURGA, DIST. KOPPAL.
PIN CODE-583236.
-2-
MFA No. 101984 of 2022
4. RAJABHAKSHI S/O. AHMMED SAB
AGE. MAJOR,
OCC. DRIVER OF LORRY BEARING NO. KA-35/A-7984
R/O. NARASAPUR MAGANI,
HOSAPETE, DIST. BELLARY.
PIN CODE-583201
5. S. GURUSHARAN SINGH S/O. HARIDRAN SING
PLOT. NO. 24/15TH WARD,
N.C. COLONY, BEHIND WEAR TANK,
HOSAPETE, TQ. WEF-2-7014
DIST. BALLARI. PIN CODE-583201.
...RESPONDENTS
(BY SRI. D.V.PATTAR, ADVOCAET FOR C/R1 TO R3,
NOTICE TO R4 & R5 DISPENSED WITH)
THIS APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC
NO. 157/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT YELBURGA,
EXAMINE THE SAME AND MODIFY THE JUDGMENT AND AWARD
DATED 19.03.2022 BY REDUCING THE COMPENSATION TO THE JUST
LEVEL, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel appearing for both the parties.
2. Though this appeal is listed for admission today, with the consent of both the parties, it is taken up for final disposal.
-3-
MFA No. 101984 of 2022
3. Learned counsel for the appellant has filed a memo seeking dispensation of notice to respondent Nos.4 and 5. In view of the memo, notice to the said respondents is dispensed with at the risk of the appellant.
4. The present appeal is filed by the insurance company questioning the quantum of compensation awarded by the Tribunal to the tune of Rs.28,48,272/-.
5. Factual matrix of the case of the claimants before the Tribunal is that deceased-Basappa was working in JSW factory as labour and he was getting salary of Rs.20,000/- per month and the family members have lost the bread earner of the family due to the accident occurred on 29.07.2017 and hence claimed compensation of Rs.65,25,000/-.
6. The claimants are the wife and parents of the deceased. To substantiate their claim, claimant No.1 examined herself as PW.1 and got marked documents as Exs.P.1 to P.8. On the other hand, respondent has -4- MFA No. 101984 of 2022 examined two witnesses as RWs.1 and 2 and got marked documents as Exs.R.1 to R.4.
7. The very contention of the insurance company before this Court is that the Tribunal has taken the income of the deceased at Rs.13,250/- without any basis. To substantiate the fact that the deceased was working in JSW factory and was having income of Rs.20,000/- per month, no documents are placed before the Court. It is further contended that the income assessed by the Tribunal is on the higher side.
8. Learned counsel for appearing for the insurance company brought to the notice of this Court that in the absence of any documents, the Court has to make guess work by considering the notional income in terms of the chart prepared by the Karnataka State Legal Services Authority and as per the said chart the notional income would be Rs.10,250/- in respect of an accidental claim of the year 2017. Hence, the same needs to be modified by this Court.
-5-
MFA No. 101984 of 2022
9. He would also contend that on the other hand the compensation awarded on other heads is also on higher side and the same needs to be reduced. The compensation awarded on conventional heads amounting to Rs.1,44,000/- is on higher side and same would have been Rs.1,20,000/-.
10. Per contra, learned counsel for the respondents/claimants would submit that the deceased was working in JSW factory as labour and hence the Tribunal has taken the income at Rs.13,250/- and the Tribunal has awarded just and reasonable compensation.
11. In view of the rival contentions of the parties, the following points would arise for consideration:
i. Whether the Tribunal has awarded exorbitant compensation as contended in the appeal?ii. What order?
12. Regarding Point No.1: Having heard the learned counsel for the parties and on perusal of the -6- MFA No. 101984 of 2022 material on record, in support of the claim of the claimants that the deceased was working in JSW factory as labour, no documents are placed before the Court and in the absence of any documentary proof, the Court has to consider the notional income and has to make only the guess work. In view of the chart prepared by the Karnataka State Legal Services Authority, the notional income at Rs.10,250/- should be taken into consideration. Considering the age of the deceased, 40% is to be added to the income of the deceased. Further, having considered the number of dependants, 1/3rd of the income should be deducted towards personal expenses of the deceased. The multiplier adopted by the Tribunal is correct and needs no interference. Thus, the claimants are entitled for the following compensation under the head loss of dependency.
Rs.10,250 + 40% = Rs.14,350/-
Rs.14,350 x 12 x 18 x 2/3rd = Rs.20,66,400/- -7-
MFA No. 101984 of 2022
13. The claimants are also entitled for Rs.1,20,000/- (Rs.40,000/- each) under the head loss of consortium and love and affection since they are wife and parents of the deceased. The Tribunal has awarded Rs.33,000/- (Rs.16,500 each) under the heads loss of estate and funeral expenses and the same is not interfered with. Hence, in all the claimants are entitled for Rs.22,19,400/- as against Rs.28,48,272/- with 6% interest. Accordingly, point No.1 is answered.
14. Regarding point No.2: In view of the discussions made above, I pass the following:
ORDER Appeal is allowed in part.
In modification of the impugned judgment and award passed by the Tribunal, the claimants are entitled for a sum of Rs.22,19,400/- with interest at 6% p.a. from the date of petition till realization as against Rs.28,48,272/- -8-
MFA No. 101984 of 2022 awarded by the Tribunal in the impugned judgment and award.
Apportionment and deposit of the compensation amount would be as per the award of the Tribunal.
Amount in deposit, if any, is ordered to be transferred to the Tribunal forthwith.
Insurance Company is directed to deposit the compensation amount within four weeks from the date of receipt of a certified copy of this order.
Sd/-
JUDGE SH