Karnataka High Court
Shobha vs Nanasaheb on 7 November, 2024
-1-
NC: 2024:KHC-K:8359
MFA No. 200212 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.200212 OF 2021 (MV-D)
BETWEEN:
1. SMT. SHOBHA W/O HANAMANT RAJAGURU,
AGED ABOUT 54 YEARS, OCC: NIL,
2. SRI SUNIL S/O HANAMANT RAJAGURU,
AGED ABOUT 22 YEARS, OCC: STUDENT,
BOTH ARE R/O TIKOTA,
TQ: AND DIST: VIJAYAPUR.
...APPELLANTS
(BY SRI S. S. MAMADAPUR, ADVOCATE)
AND:
1. NANASAHEB
Digitally signed by S/O MARAUTI JAGATAP,
RENUKA
Location: HIGH
AGED ABOUT 49 YEARS,
COURT OF OCC: BUSINESS,
KARNATAKA R/O DALAJ NO.2, INDAPUR,
DIST: PUNE-413106,
MAHARASHTRA.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
SANGAM BUILDING, S.S. FRONT ROAD,
VIJAYAPUR-586101.
...RESPONDENTS
(BY SRI J. AUGUSTIN, ADVOCATE FOR R2;
R1 SERVED)
-2-
NC: 2024:KHC-K:8359
MFA No. 200212 of 2021
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO, ENHANCE THE
COMPENSATION AMOUNT BY SUITABLY MODIFYING THE
JUDGMENT AND AWARD DATED 04.08.2020 PASSED BY THE I
ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VI, VIJAYAPUR
IN MVC NO.708/2016.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM) The captioned appeal is by the appellants, who are questioning the quantum of compensation determined by the Tribunal in MVC No.708/2016. Respondent No.2/Insurance Company admits its liability. The appeal is purely on quantum.
2. The claimants filed a claim petition for having lost one Hanamant S/o Mahadev Rajaguru in a road traffic accident dated 10.03.2015. The claimants, who are widow and son respectively claimed that the deceased was hale -3- NC: 2024:KHC-K:8359 MFA No. 200212 of 2021 and healthy and was aged 60 years and was doing agricultural work and earning monthly income of Rs.15,000/- per month. Tribunal in absence of income proof, assessed the income of the deceased at Rs.6,000/- per month and awarded a sum of Rs.3,36,000/- towards loss of dependency.
3. Heard the learned counsel on record. Perused the material on record.
4. On re-assessing the evidence on records, this Court is of the view that the income assessed by the Tribunal notionally appears to be on lower side. In absence of income proof, this Court is inclined to place reliance on the income chart prepared by the Karnataka State Legal Services Authority. The accident is of the year 2015. Therefore, the income of the deceased is assessed at Rs.8,000/- per month. Admittedly, the deceased was 65 years. Therefore, there is no question of adding future prospects. After deducting 1/3rd, the income is assessed at Rs.5,333/- and by applying a multiplier of 7, the -4- NC: 2024:KHC-K:8359 MFA No. 200212 of 2021 compensation payable under the head of loss of dependency works out to Rs.4,47,972- (Rs.5,333/- x 12 x
7) rounded off to Rs.4,48,000/-.
5. Under the conventional heads, Rs.1,10,000/- is awarded. The accident is of the year 2015. Therefore, 10% escalation on conventional heads is added, in the light of the principles laid down by the National Insurance Co. Ltd., Vs. Pranay Sethi1. Accordingly, Rs.22,000/- an additional amount is awarded. Medical expenses awarded by the Tribunal at a sum of Rs.39,933/- is undisturbed. The total compensation re-determined by this Court is Rs.6,19,933/- as against Rs.4,45,933/-.
6. In the light of findings recorded supra, this Court passes the following:
ORDER i. The appeal is allowed in part. 1 (2017) 16 SCC 680 -5- NC: 2024:KHC-K:8359 MFA No. 200212 of 2021 ii. The claimants are entitled for enhanced compensation of Rs.1,74,000/- with interest at the rate of 6% per annum from the date of petition till its realization.
iii. The enhanced amount shall be apportioned in terms of the judgment rendered by the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE RSP List No.: 1 Sl No.: 28 CT-SW