Karnataka High Court
Smt. Chandramma vs Sri Azam Pasha on 29 July, 2024
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NC: 2024:KHC:29798
MFA No. 3846 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MISCELLANEOUS FIRST APPEAL NO.3846 OF 2015(MV-D)
BETWEEN:
1. SMT. CHANDRAMMA
W/O LATE ANANTHACHARI,
SINCE DEAD HER LRS
1(A). SRI NAGARAJA,
S/O LATE ANANTHACHARI
AGED ABOUT 30 YEARS
1(B). SRI. RAVI
S/O LATE ANANTHACHARI
AGED ABOUT 26 YEARS
1(C). SRI. A. RAJESH
S/O LATE ANANTHACHARI
AGED ABOUT 24 YEARS
Digitally signed by
PRAJWAL A
Location: HIGH COURT ALL ARE R/AT THOTADAMANE,
OF KARNATAKA NEAR DEVANOOR GATE,
ANCHECHOMANAHALLY VILLAGE,
KERESANTHE POST, SINGATAGERE HOBLI,
KADUR TALUK,
CHIKMAGALUR DISTRICT 577 101.
...APPELLANTS
(BY SRI. C RAVIKUMAR., ADVOCATE)
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NC: 2024:KHC:29798
MFA No. 3846 of 2015
AND:
1. SRI. AZAM PASHA
S/O KHASIM SAB,
AGED ABOUT 45 YEARS,
DRIVER CUM OWNER OF THE VEHICLE,
TATA SUMO BEARING REG NO. KA 19-M-7996,
R/AT TANK MOHALL, 2ND CROSS,
OPP. S.R.K SHIVAMOGGA 584 001.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE
CO.LTD., BRANCH OFFICE,
MANGALORE 575 110.
...RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
R1 SERVED)
**********
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.01.2015 PASSED IN MVC
NO.50/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, &
MACT, KADUR, CHIKMAGALUR DISTRICT, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:29798
MFA No. 3846 of 2015
CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
1. In this appeal, the petitioners have challenged the judgment and award dated 30.01.2015 passed in M.V.C.No.50/2010 on the file of the Senior Civil Judge and M.A.C.T., Kadur, Chikmagalur District ('the Tribunal' for short).
2. The appellants were the petitioners and respondents were the respondents before the Tribunal. For the sake of convenience, the rank of the parties shall be referred to as per their status before the Tribunal.
3. Brief facts of the case are, one Ananthachari, the deceased, the husband of the 1st petitioner and father of petitioners 2 to 4, on 29.11.2009 at 5.45 p.m., while traveling as a pillion rider in the motor-cycle bearing Registration No.KA-11/Q-3469 from Anchechomanahally to Kadur ridden by one Ravi, near Anchechomanahally gate, Kadur Taluk a Tata Sumo bearing Registration No.KA-19/M-7996 driven by respondent No.1 dashed -4- NC: 2024:KHC:29798 MFA No. 3846 of 2015 against the motor-cycle, as a result of which, the deceased fell down and sustained injuries. After treatment at Government Hospital, Kadur, during transit to McGann Hospital, Shimoga, he succumbed to death.
4. The petitioners as dependents approached the Tribunal seeking grant of compensation. Claim was opposed by the Insurance Company. The Tribunal by taking evidence and on hearing both the parties by impugned judgment awarded compensation of Rs.33,750/- with interest at 8% p.a. Pleading inadequacy and seeking enhancement the petitioners have filed this appeal on various grounds.
5. Heard arguments of Sri.C.Ravi Kumar, learned counsel for the petitioners and Sri.S.V.Hegde Mulkhand, learned counsel for the Insurance Company.
6. It is contended by learned counsel for the petitioners that the deceased was an Agriculturist, earning Rs.8,000/- p.m, the Tribunal has not considered the dependency and has not awarded any compensation. Though liability is -5- NC: 2024:KHC:29798 MFA No. 3846 of 2015 fastened against the Insurance Company, for production of Xerox copy of the Driving Licence, 25% of the compensation is deducted erroneously and he has sought for enhancement of compensation.
7. Per contra, learned advocate for the Insurance Company has contended that the petitioner Nos.2 to 4 are major sons, not dependents of the deceased, the Tribunal has rightly considered that they have not proved the dependency and awarded compensation under conventional heads, there is a contributory negligence on the part of the rider, deduction of 25% of compensation is proper and supports the impugned judgment.
8. I have given my anxious consideration to the arguments advanced by learned counsel for both the parties and perused the material on record.
9. The material on record shows that there was an accident on 29.11.2009 involving motor-cycle and Tata -6- NC: 2024:KHC:29798 MFA No. 3846 of 2015 Sumo referred supra, wherein the pillion rider Ananthachari sustained injuries and succumbed to death.
10. The contention of the Insurance Company that the petitioners are not the dependants entitled to claim compensation is concerned, law has been settled by the Hon'ble Apex Court in National Insurance Co.Ltd. -vs- Birender and Others1 wherein at para-14, it has observed thus:
"14. It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal representatives have a right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the legal representative concerned was fully dependent on the deceased and not to limit the claim towards conventional heads only. . . . ."
11. Admittedly, the first petitioner is the wife and third petitioner is the son of the deceased. Having regard to their age and the avocation, they cannot be non- 1 (2020) 111 SCC 356 -7- NC: 2024:KHC:29798 MFA No. 3846 of 2015 dependants on the deceased, hence, they are treated as full dependants.
12. In a case of this nature the Hon'ble Apex Court laid down principles for assessing the compensation in the case of National Insurance Company Limited -vs- Pranay Sethi and Others 2, Sarla Verma (Smt) and Others - vs- Delhi Transport Corporation and Another3 and Magma General Insurance Co.Ltd. -vs- Nanu Ram @ Chuhru Ram and Others4.
13. The deceased was aged 45 years, he has no proof of income, his notional income is to be taken at Rs.5,500/- per month, future prospects is to be considered at 25% and 1/4th is to be deducted towards personal expenses. The multiplier applicable is '14'. Then the loss of dependency comes to :-
Rs.5,500/- + Rs.1,375/- (25%)= Rs.6,875/- - Rs.2,292/-
(1/3rd) = Rs.4,583/- x 12 x 14 = Rs.7,69,944/-2
(2017) 16 SCC 680 3 (2009) 6 SCC 121 4 (2018) 18 SCC 130 -8- NC: 2024:KHC:29798 MFA No. 3846 of 2015
14. Under conventional heads Rs.15,000/- each is assessed towards funeral expenses and loss of estate. There are 3 dependents i.e., loss of filial love to the children Rs.40,000/- each is assessed. The accident is of the year 2011, in view of Pranay Sethi's case cited supra 10% appreciation on conventional heads is to be considered at Rs.12,000/-. The petitioners are entitled to compensation as follows:-
1. Loss of dependency Rs. 7,69,944/-
2. Loss of consortium Rs. 1,20,000/-
3. Towards Funeral expenses Rs. 15,000/-
4. Loss of estate Rs. 15,000/-
5. 10% appreciation on Rs. 15,000/-
conventional heads TOTAL Rs.9,34,944/-
Less compensation Rs. 33,750/-
awarded by the Tribunal
Enhanced compensation Rs.9,01,194/-
15. The Tribunal has awarded loss of love and affection a sum of Rs.30,000/-, Transportation expenses Rs.5,000/-, Funeral/obsequies expenses of Rs.10,000/-. Out of Rs.45,000/-, 25% is deducted towards negligence on the part of the deceased. The deceased was a pillion rider, thus there is no question of contributory negligence -9- NC: 2024:KHC:29798 MFA No. 3846 of 2015 on his part. Hence deduction of 25% is erroneous. Hence appeal merits consideration, in the result the following :-
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award is modified.
(iii) The petitioners would be entitled to enhanced compensation of Rs.9,01,194/- together with interest at 6% p.a. from the date of petition till the date of deposit.
(iv) The respondents 1 and 2 shall pay the compensation amount jointly and severally.
(iv) The Insurance Company is directed to deposit the entire compensation amount with interest @ 6% within eight weeks from the date of receipt of certified copy of this judgment.
(vi) The amount in deposit, if any, shall be transmitted to the Tribunal along with records.
SD/-
(T.G. SHIVASHANKARE GOWDA) JUDGE NG