Karnataka High Court
Mangal W/O Sitaram Chougule vs Khem Raj Keer And Anr on 31 August, 2021
Author: Nataraj Rangaswamy
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY
MFA No.200326/2017 (MV)
BETWEEN:
MANGAL W/O SITARAM CHOUGULE
AGE: 54 YEARS OCC: HOUSEHOLD
R/O: BAGEWADI TQ: JATH
DIST: SANGLI, NOW RESIDING T
ARAKERI,
TQ: & DIST: VIJAYAPUR - 586 116. ... APPELLANT
(BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)
AND:
01. KHEM RAJ KEER S/O S. H. KESU LALKER
AGE: MAJOR OCC: TRANSPORT BUSINESS
R/O: 39-BHUTPURA, THE VALLABHA NAGAR
DIST: UDAYPUR, RAJASTHAN- 313001.
(OWNER OF VEHICLE NO.RJ-27/GB-4470)
02. THE CHIEF EXECUTIVE OFFICER
MAGMA DH1 GENERAL INSURANCE CO. LTD.,
MAGMA HOUSE, 24 PARK STREET,
KOLKATTA-700016. ... RESPONDENTS
(NOTICE TO R1 DISPENSED WITH VIDE ORDER
DATED 10.01.2018
SRI. C. S. KALABURAGI, ADVOCATE FOR R2)
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT,
1988 PRAYING TO CALL FOR THE RECORDS AND MODIFY
THE JUDGMENT AND AWARD PASSED BY THE MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.XIII, VIJAYAPUR, AT :
VIJAYAPUR AT; VIJAYAPUR IN MVC.NO.1643/2013 DATED
29.12.2016 AND BE PLEASED TO ALLOW THE CLAIM
PETITION BY GRANTING THE RELIEF AS PRAYED FOR BY
THE APPELLANT HEREIN.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
Though this appeal is listed today for orders, since
the appeal is filed only in respect of compensation towards
the loss of future prospects, which was not considered by
the Tribunal, the appeal is taken up for final disposal with
the consent of both the learned counsel for the parties.
02. This appeal is filed by the claimant seeking
enhancement of the compensation awarded by the MACT-
XII and IV Additional District Judge, Vijayapura
(henceforth referred as 'Tribunal') dated 29.12.2016 in
MVC.No.1643/2013.
03. The claimant is the legal heir of the deceased -
Dattatreya Chougule. It is stated that on 19.08.2013 at
about 11.30 p.m. when the deceased was driving a
Medium Goods Vehicle bearing Reg.No.MH-10/Z-4760, he
dashed against a Lorry bearing Reg.No.RJ-27/GB-4470,
which was parked by the side of the road without switching
on indicator lights. Due to the impact, the deceased
suffered injuries, was shifted to Civil Hospital, Sangli and
then was shifted to Shaikh Sameer Hospital, Miraj for
higher treatment, but he succumbed to the injuries in the
Hospital. The claimant contended that the deceased was a
driver and was earning `.10,000/- per month and daily
allowance at a sum of `100/- per day, which he
contributed to his family. Hence, the claimant filed a claim
petition under Section 166 of the Motor Vehicles Act, 1988
claiming compensation of `.10,00,000/-.
04. The insurer contested the claim petition and
contended that the deceased was negligent and was
responsible for the accident.
05. Based on these rival contentions, the claim
petition was set down for trial.
06. The claimant was examined as PW.1 and one
witness examined as PW.2 and got marked documents
Exs.P.1 to 8. The insurer has not led any evidence.
07. Based on the oral and documentary evidence,
the Tribunal held that the accident was due to the
negligence on the part of the driver of the Lorry, who had
parked it on the left side of the road, without switching on
indicator lights. It was also held that the deceased was
aged 23 years as on the date of the accident and having
regard to the fact that the deceased possessed a valid
driving license, considered the notional income of the
deceased at `.7,000/- per month and awarded the
following compensation:-
Sl.
Heads Amount
No.
01. Loss of dependency `.07,56,000/-
02. Loss of Love and affection `.00,50,000/-
03. Transportation of dead body `.00,25,000/-
and funeral expenses
Total `.8,31,000/-
08. The Tribunal has directed the insurer to pay
the compensation along with interest at the rate of 6%
p.a. from the date of petition till the date of realization.
09. Being aggrieved by the quantum of the
compensation awarded by the Tribunal, the present appeal
is filed.
10. The learned counsel for the claimant contended
that the Tribunal has considered the monthly income of the
deceased, but has failed to factor the loss of future
prospects at the rate of 40% of his notional income.
Hence, he prays that compensation awarded by the
Tribunal be enhanced.
11. The learned counsel for the insurer contended
that there is no proof of income adduced and therefore,
the Tribunal was right in considering the notional income
of the deceased at a sum of `.7,000/- per month.
12. Having regard to the fact that the deceased
was 23 years and having regard to the fact that he
possessed a valid driving license to drive a Medium Goods
Vehicle, it is apparent that the deceased was employed as
a driver. Having regard to the age of the deceased, it was
possible that he would have progressed in life. Therefore,
the claimant is entitled to claim the loss of future
prospects at the rate of 40% as held by the Hon'ble
Supreme Court in the case of National Insurance
Company Limited vs. Pranay Sethi, (2017) 16 SCC
680. Therefore, the compensation awarded by the Tribunal
deserves to be re-determined and re-calculated as
follows:-
Sl. Awarded by the Enhanced by this
Heads
No. Tribunal Court
01 Towards Loss of `.7,56,000/- `.10,58,400/-
dependency
(`.7,000/-+40%
(`.2,800) = `.9,800/- -
50%=`.4,900x12x18)
02 Loss of Love and `.0,50,000/- -
affection
03 Transportation of dead `.0,25,000/- `.00,15,000/-
body and funeral
expenses
04 Loss of filial consortium - `.00,40,000/-
05 Towards of loss of - `.00,15,000/-
Estate
Total `.8,31,000/- `.11,28,400/-
13. In that view of the matter, the appeal filed by
the claimant is allowed in part.
The judgment and award passed by the Tribunal in
MVC.No.1643/2013 dated 29.12.2016 is modified. The
compensation of `.8,31,000/- awarded by the Tribunal is
enhanced to a sum of `.11,28,400/-.
The insurer is liable to pay the compensation to the
claimant along with interest at the rate of 6% per annum
on the enhanced amount from the date of claim petition till
realization.
The insurer is directed to deposit the enhanced
compensation within a period of one month from the date
of receipt of a certified copy of this judgment. The
enhanced compensation and the accrued interest shall be
deposited in any nationalized bank in the name of the
claimant for a period of three years.
Sd/-
JUDGE
KJJ
