Karnataka High Court
Daddi Adam vs Mahamood Diwan Sab Buckatigar on 3 December, 2021
Bench: Sachin Shankar Magadum
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
MISCELLANEOUS FIRST APPEAL NO.8315 OF 2016 (MV)
BETWEEN
1. DADDI ADAM,
AGED ABOUT 52 YEARS
S/O. DADDI KASIM
2. DADDI BIBI SAYEEDA
AGED ABOUT 49 YEARS
W/O. DADDI KASIM
BOTH ARE RESIDING AT
H.NO.9-177,
MUDRU MAKKI ROAD,
NEAR RAILWAY GATE,
HADAVINA KONE SHIROOR VILLAGE
KUNDAPURA TALUK-576 101.
... APPELLANTS
(BY MISS NASEEFA M. MULLA FOR SRI. PAVANA CHANDRA
SHETTY, ADVOCATES)
AND
1. MAHAMOOD DIWAN SAB BUCKATIGAR,
R/O. NOORANIGALLI, MUDGOD (N.K.)
2. UNIVERSAL SOMPO GENERAL
INSURANCE COMPANY LIMITED
2A, 2ND FLOOR, 84-RAMSON COMPLEX
P.B. ROAD HOSUR, HUBLI,
REP: BY ITS MANAGER
... RESPONDENTS
(BY SRI. H.N. KESHAVA PRASHANT, ADVOCATE FOR R2,
NOTICE TO R1 DISPENSED WITH V/O DATED 09.10.2018)
2
THIS MFA FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 25.05.2016
PASSED IN MVC NO.1095/2013 ON THE FILE OF THE
ADDITIONAL DISTRICT AND SESSION'S JUDGE, ADDITIONAL
MACT, KUNDAPURA, ON C/C. SENIOR CIVIL JUDGE & MEMBER,
ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This miscellaneous first appeal is filed by the
parents for having lost their son by name Humbre Khali
Hurais Kmail in a road traffic accident occurred on
12.03.2013.
2. The appellants contended that their son was
riding a bike bearing registration No.KA-20-X-3521 along
with a pillion rider by name Daddi Muhammed Tanseer.
The appellants have contended that the driver of the
offending lorry bearing registration No.KA-31-5382 came
in a rash and negligent manner and dashed against the
bike, which resulted in the death of the deceased. Hence,
filed the claim petition seeking compensation,
contending that their son was working as a salseman at
Almas General Store, Shiroor, Kundapura Taluk and
earning a monthly salary of Rs.15,000/- per month.
3. The Tribunal after appreciation of oral and
documentary evidence, in the absence of income proof,
assessed the income notionally at Rs.7,000/- per month
by adding 50% towards future prospects, awarded a sum
of Rs.11,34,000/- under the head 'Loss of dependancy',
after deducting 50% of his income towards personal
expenditure. A sum of Rs.60,000/- has been awarded
under the 'conventional heads'. In all, the Tribunal has
awarded a total compensation of Rs.11,94,000/- with
interest at 6% per annum, from the date of petition till
the date of realization.
4. Heard the learned counsel for the appellants
and the learned counsel appearing for the respondent-
Insurance Company.
5. Though, this court cannot find fault with the
finding of the Tribunal in assessing the income of the
deceased notionally in the absence of any proof of
income, having regard to the date of accident i.e.,
12.03.2013, this court would find that, income assessed
by the Tribunal notionally, appears to be on the lower
side. In absence of any proof of income, this court would
rely on the chart prepared by the Karnataka Legal
Services Authority and would assess the income of the
deceased notionally at Rs.11,200/- per month. 50% of
the income has to be deducted towards personal
expenditure as the deceased was a bachelor. By applying
the appropriate multiplier of 18, the compensation
payable under the head 'loss of dependancy' works out to
Rs.12,09,600/- (Rs.5,600x12x18). By applying the
principles laid down in the case of Magma General
Insurance Co. Ltd., vs. Nanu Ram and others reported in
2018 ACJ 2783, a sum of Rs.1,10,000/- is awarded
under the head 'loss of dependancy. In all, this court has
re-determined the compensation of Rs.13,19,600/- as
against Rs.11,94,000/- awarded by the Tribunal. Hence,
I pass the following :
ORDER
Appeal is allowed in part. The judgment and award
dated 25.05.2016 passed by the Addl. District and
Sessions Judge and Addl. MACT, Kundapura in MVC
No.1095/2013, is modified.
Appellants are entitled for an enhanced
compensation of Rs.1,25,600/- with interest at 6% per
annum, from the date of petition till the date of
realization.
Sd/-
JUDGE
snc
