Karnataka High Court
Sabera Bee And Ors vs Jaffarsha And Anr on 3 July, 2024
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NC: 2024:KHC-K:4516
MFA No. 203925 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3 RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO. 203925 OF 2023 (MV-D)
BETWEEN:
1. SMT. SABERA BEE W/O LATE MOINUDDIN
AGE: 51 YEARS, OCC: HOUSEHOLD,
2. MD. HABEEB S/O LATE MOINUDDIN
AGE: 21 YEARS, OCC: STUDENT,
3. ASHRAF BANU D/O LATE MOINUDDIN
AGE: 19 YEARS, OCC: STUDENT,
ALL ARE R/O H. NO. 798 BLOCK-3,
UPPER MOHALLA, KAMTHANA, TQ. BIDAR-585403.
Digitally signed by ...APPELLANTS
SHIVALEELA
DATTATRAYA UDAGI (BY SRI BASAVARAJ R MATH, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. JAFFARSHA S/O YAKUBSHA
AGE: MAJOR, OCC: (NOT KNOWN),
R/O VILLAGE NIRNA, TQ. CHITGUPPA,
DIST. BIDAR NOW AT MIRZAPUR,
(OWNER OF MOTOR CYCLE BEARING REGN.,
NO . KA.38/Y.1264)
2. THE BRANCH MANAGER
CHOLAMANDALAM M S GENERAL INSURANCE,
COMPANY LTD., BRANCH OFFICE,
1ST FLOOR, KALABURAGI SQUARE,
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NC: 2024:KHC-K:4516
MFA No. 203925 of 2023
DESHPANDE NAGAR,
HUBBALLI -580029.
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
VIDE ORDER DATED 26.03.2024 NOTICE TO R1 IS,
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
CALL FOR RECORDS AND ENHANCED THE AWARD AMOUNT BY
MODIFYING THE IMPUGNED JUDGEMENT AND AWARD DATED
16.09.2023 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC AND MACT, BIDAR IN MVC NO.270/2022 .
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimants in MVC.No.270/2022 on the file of the Addl. Senior Civil Judge & JMFC & MACT, Bidar (hereinafter for short referred to as 'Tribunal') against judgment and award passed in the said case dated 16.09.2023, claiming for enhancement of compensation.
2. The parties will be referred to as per their ranks before the Tribunal for sake of convenience.
3. Brief facts of the case are that, deceased- Moinuddin met with an accident on 13.02.2022 around 8:30 p.m. near Patel Function Hall, Kamthana village, due -3- NC: 2024:KHC-K:4516 MFA No. 203925 of 2023 to rash and negligent riding of motorcycle bearing Reg.No.KA-38/Y-1264 by its rider. As a result of impact, the deceased sustained fatal injuries. He was admitted as an inpatient in the Hospital and while undergoing he succumbed to the injuries on 18.02.2022.
4. It is further case of the claimants that deceased was aged about 55 years; He was agriculturist and earning Rs.30,000/- per month; The claimants being his wife and children of the deceased, were dependent upon his earnings. With these reasons, they claimed to award compensation of Rs.33,10,000/-
5. The respondents No.2 denied the contentions of the claimants and prayed for dismissal of the claim petition.
6. From the rival contentions of both the parties, the Tribunal had framed the necessary issues for its determination.
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NC: 2024:KHC-K:4516 MFA No. 203925 of 2023
7. The claimants were examined PW.1 and got marked Ex.P.1 to P16. The respondents have not led any oral or documentary evidence.
8. The Tribunal after hearing both the parties and appreciating the evidence available on record had awarded the following amount of compensation:-
Sl. Compensation heads Compensation No amount
1. Towards loss of dependency Rs.9,50,400/-
2. Towards loss of consortium Rs.40,000/-
3. Towards loss of filial consortium Rs.50,000/-
4. Towards transportation of dead Rs.15,000/-
body, funeral and obsequies ceremony expenses
5. Medical bills Rs.73,138/-
6. Food and nourishment, Rs.10,000/-
conveyance and attendant charges Total Rs.11,38,138/-
9. I have heard the arguments of learned counsel for both the parties.
10. The learned counsel for the claimants submits that the Tribunal has taken income at Rs.12,000/- per -5- NC: 2024:KHC-K:4516 MFA No. 203925 of 2023 month, which is on lower side. Even if the Tribunal has not accepted the income as stated by the claimants, atlreast it could have considered the income as per the chart prepared by the KSLSA to assess the compensation. As per the Chart, the income could be taken as Rs.14,750/- per month. He has further submitted that the amount of compensation awarded under other heads also on the lower side. Hence, prayed for enhancement of compensation.
11. The learned counsel for respondent No.2 supported the impugned judgment and award of the Tribunal and submitted that there is no need to interfere in the said findings. Hence, prayed for dismissal of the appeal.
12. The following question arise for my determination -6- NC: 2024:KHC-K:4516 MFA No. 203925 of 2023 "Whether the claimants are entitled for enhancement of compensation?
13. There is no serious dispute regarding fact of accident and that the death of Moinuddin was due to vehicle accident. Hence no need to interference.
14. According to the claimants, the deceased was earning Rs.13,000/- per month. However, there is no reliable evidence to prove the same. The Tribunal has considered notional income as Rs.12,000/- per month. As rightly submitted by the learned counsel for the appellants, if the Tribunal had taken notional income as per the Chart prepared by the KSLSA, then appropriate income would be Rs.14,750/- per month and same is taken. The Tribunal has added 10% future prospects and deducted 1/3rd towards personal expenses and applied multiplier as '9' since age of the deceased was 60 years. The said factors are proper. On the basis of the said -7- NC: 2024:KHC-K:4516 MFA No. 203925 of 2023 figures, the amount of compensation under the loss of dependency is recalculated.
15. As per the law laid down in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and others 1, the claimants are entitled for compensation under the conventional heads. Accordingly, the compensation is recalculated as under:-
Sl. Heads Compensation
No. Awarded by this
Court
1. Loss of dependency Rs.11,68,200/-
(14750+10%x12x9x1/3rd)
2. Loss of consortium Rs.1,20,000/-
3. Loss of estate Rs.16,500/-
4. Funeral expenses Rs.16,500/-
5. Medical and incidental expenses Rs.83,000/-
Total Rs.14,04,200/-
Amount awarded by the Tribunal Rs.11,38,138/-
Enhancement Rs.2,66,062/-
16. The claimants are entitled for enhancement of Rs.2,66,062/- along with interest on the said amount at 1 (2018) 18 SCC 130 -8- NC: 2024:KHC-K:4516 MFA No. 203925 of 2023 the rate of 6% per annum from the date of petition till its realization.
17. It is not in dispute that the respondent No.2 is liable to pay the compensation. Accordingly, I answer the above question partly in the affirmative and pass the following;
ORDER i. The appeal is allowed in part.
ii. The impugned judgment and award passed by the Addl. Senior Civil Judge & JMFC & MACT, Bidar, in MVC.No.270/2022 dated 16.09.2023 is modified.
a) The claimants are entitled for enhancement of compensation of Rs.2,66,062/- with interest on the enhanced amount of compensation at the rate of 6% per annum from the date of petition till its realization. -9-
NC: 2024:KHC-K:4516 MFA No. 203925 of 2023 iii. The respondent No.2 - insurance company shall deposit the said amount with interest within a period of 02 months from the date of receipt of copy of this order.
iv. The order pertaining to apportionment, deposit etc., passed by the Tribunal is not disturbed.
v. The registry is directed to send a copy of this judgment to the concerned Tribunal.
Sd/-
JUDGE SDU LIST NO.: 1 SL NO.: 10 CT:PK