Karnataka High Court
Rukmini W/O Late Rudrappa Udhoji vs Daulat Ram S/O Rameshwar Lal on 7 January, 2021
Author: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7 T H DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA
MFA NO.101298/2017 (MV-D)
Between:
1. Smt. Rukmini
W/o. Late Rudrappa Udhoji,
Age 44 years,
Occ: Household work,
2. Kumari Laxmi
D/o. Late Rudrappa Udhoji,
Age 22 years, Occ: Student,
3. Kumar Lohit
S/o. Late Rudrappa Udhoji,
Age 19 years, Occ: Student,
4. Kumar Rahul
S/o. Late Rudrappa Udhoji,
Age 16 years, Occ: Student,
All are R/o. Gulaganjikoppa,
Gudi Oni, Dharwad.
Appellant No.4 being minor
represented by his mother
i.e., appellant No.1.
... Appellants
(By Shri C.S. Nagashetti, Advocate)
:2:
And:
1. Daulat Ram
S/o. Rameshwar Lal,
Age major Occ: Business,
R/o.: No.18, Khedi Aluka Ayadan
KA, BAS, THE, PHULERA, Jaipur,
St. Rajsthan, Pin-302003.
2. The Divisional Manager,
Reliance General Insurance Co. Ltd.,
CTS No.472/474,
V.A. Kalaburgi Square,
Desai Cross, Deshpande Nagar,
Hubballi-580020.
..... Respondents
(By Shri G.N. Raichure, Advocate for R2;
Notice to R1 - dispensed wtih)
This MFA is filed under Section 173(1) of Motor
Vehicles Act, ag ainst the judgment and award dated
30.07.2016, p assed in MVC No.809/2012 on the file of
the III-Addl. Senior Civil Judge and Member Addl.
MACT, Dharwad , partly allowing the claim p etition for
comp ensation and seeking enhancement of
comp ensation.
This appeal coming on for admission, this day, the Court
delivered the following:
:3:
JUDGMENT
The claimants, being dissatisfied with the award of
Rs.8,20,000/- for the death of Rudrappa are in appeal.
2. The fact that the accident occurred and the fact that
the vehicle in question was insured is not in dispute. The tribunal
has recorded a finding that an accident did occur on 21.04.2012
when the deceased-Rudrappa was standing near Haradhayanpur
Yard by the side of Jaipur-Ajmer Road, when the mini truck
bearing registration No.RJ-14/GC-7314 hit him resulting in death
of the Rudrappa at the spot.
3. The Tribunal for the purposes of determining the
compensation has assessed the notional income of Rs.6,000/- to
Rudrappa since there was no credible evidence regarding his
salary.
4. The Tribunal by adopting the multiplier of 13 has
awarded a sum of Rs.6,24,000/- towards loss of dependency and
the following sums on other heads:
Sl. Heads Amount
No.
01 Compensation towards consortium Rs.50,000/-
02 Loss of love and affection Rs.60,000/-
03 Loss of estate Rs.50,000/-
04 Transportation & funeral expenses Rs.36,000/-
05 Loss of dependency Rs.6,24,000/-
TOTAL Rs.8,20,000/-
5. Learned counsel for the appellants submits that the
notional income assessed by the Tribunal at Rs.6,000/- per
month was on the lower side. He submitted that even as per the
chart prepared by the Karnataka State Legal Services Authority,
in respect of an accident of the year 2012, the notional income of
a motor vehicle accident victim is to be taken as Rs.6,500/- per
month and the said sum would have to be adopted for the
purposes of computing the compensation.
6. He also submits that as per the decision of the
Constitutional Bench in the case of National Insurance
Company Ltd vs. Pranay Sethi and others, reported in AIR
2017 Supreme Court 5157, future prospects of 25% is required
to be added to the notional income and the compensation is also
required to be awarded towards loss of love and affection as
determined in the case of Pranay Sethi and others (Supra).
7. Learned counsel for the Insurance Company on the
other hand contended that the award of the Tribunal was just
and proper and did not call for any interference.
8. I have considered the submissions of the learned
counsel and perused the material on record.
9. The Tribunal has assessed the notional income of the
deceased-Rudrappa at Rs.6,000/- per month, in my view instead
of the said sum of Rs.6,000/- it would be prudent to adopt the
notional income fixed by the Karnataka State Legal Services
Authority for an accident of the year 2012, which would be a sum
of Rs.6,500/- per month.
10. In accordance with the judgment of the Hon'ble Apex
Court in the case of Pranay Sethi and others (Supra) a factor
of 25% is required to be added as future prospects, which makes
the notional income of the deceased-Rudrappa to be Rs.8,125/-
(Rs.6,500/- + Rs.1,625/-). Since the deceased-Rudrappa had
four dependants, 1/4th of the said sum will have to be deducted
and the notional income of the deceased-Rudrappa would
therefore be a sum of Rs.6,094/-. By applying the multiplier of
13, since the deceased was aged about 47 years, the claimants
would be entitled to a sum of Rs.9,50,664/- (Rs.6,094/- x 12 x
13) towards loss of dependency as against Rs.6,24,000/-
awarded by the Tribunal.
11. In addition, the claimants would be entitled to a sum
of Rs.30,000/- towards conventional heads and a sum of
Rs.40,000/- each towards loss of love and affection as held by
the Hon'ble Apex Court in the case of Pranay Sethi and others
(Supra).
12. Thus, the claimants would be entitled for the
compensation on the following heads:
Sl. Heads Amount
No.
01 Under conventional heads Rs.30,000/-
02 Loss of love and affection Rs.1,60,000/-
(Rs.40,000/- x 4)
03 Loss of dependency Rs.9,50,664/-
TOTAL Rs.11,40,664/-
13. Accordingly, I pass the following:
ORDER
(i) The appeal is partly allowed.
(ii) The judgment and award passed by the
tribunal is modified. The appellants-claimants would
be entitled to a total compensation of Rs.11,40,664/-
instead of Rs.8,20,000/- awarded by the tribunal
with interest @ 6% p.a. from the date of petition till
the date of realization.
(iii) The Insurance Company is directed to
deposit the enhanced compensation before the
Tribunal within a period of eight weeks from the date
of receipt of a copy of this order.
Sd/-
JUDGE
Vnp*
