Smt. Shulaika vs Smt. Leeladevi
2021 Latest Caselaw 521 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 8TH DAY OF JANUARY, 2021

                        PRESENT

          THE HON'BLE MRS. JUSTICE S. SUJATHA

                            AND

           THE HON'BLE MR. JUSTICE M.I.ARUN

               MFA NO.2711 OF 2018 (MV)

BETWEEN:

1.    SMT. SHULAIKA
      AGED ABOUT 34 YEARS
      W/O LATE HUSSAIN

2.    BABY NID ARMIYA
      AGED ABOUT 10 YEARS
      D/O LATE HUSSAIN, MINOR
      REP. BY HER MOTHER/NATURAL
      GUARDIAN, SMT. SHULAIKA

      BOTH ARE R/AT 54, 1ST BLOCK
      1ST MAIN, 1ST CROSS NEAR CAUVERAMMA
      TEMPLE ROAD, BYLASANDRA
      BANGALORE

3.    SMT. NEBIS
      W/O LATE MOHAMMED
      AGED ABOUT 62 YEARS
      R/AT JONIGERE BEEDI
      NEAR SIYA MASZID
      PERIYAPATNA TOWN
      MYSORE DISTRICT                   ... APPELLANTS

(BY SRI. SYED ABDUL SABOOR, ADVOCATE)
                                 2


AND:

1.     SMT. LEELADEVI
       W/O SRI. MADANLAL SIRUI
       AGED ABOUT 42 YEARS
       R/AT 1582/3582 NEW COLONY
       HUNSUR TOWN - 571 105
       MYSURU DISTRICT

2.     UNITED INDIA INSURANCE CO. LTD.
       KRISHNAMURTHYPURAM BRANCH
       OFFICE, REP. BY ITS MANAGER
       KRISHNAMURTHYPURAM
       MYSURU - 570 004
                                                  ... RESPONDENTS

(BY SRI. RAJANNA, ADV. FOR R1)


     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD
DATED 23.12.2017 PASSED IN MVC NO.703/2016 ON THE FILE
OF THE PRL.JUDGE, COURT OF SMALL CAUSES, AS PRESIDING
OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

     THIS MFA COMING ON FOR ADMISSION, THIS DAY,
M.I.ARUN J., DELIVERED THE FOLLOWING:

                           JUDGMENT

Aggrieved by the judgment and award dated 23.12.2017

passed by the Principal Judge, Small Causes & Senior Civil Judge

at at Mysuru, (for short 'the Tribunal') in MVC No.703/2016, the

petitioners therein have preferred this appeal.

2. For the sake of convenience, the parties are referred

to as per their ranking before the Tribunal.

3. The brief facts of the case are that on 19.04.2016 at

about 1.15 p.m. near Ambedkar Nagara on H.D.Kote - Hunsur

main road, when the deceased was proceeding on a motor cycle

bearing Reg. No.KA-02-HJ-53, a motor cycle bearing No.KA-45-

U-2894 being driven in a rash and negligent manner dashed

against the motor cycle of the deceased because of which

deceased fell down and sustained injuries and died on the spot

itself. Petitioner No.1 is the wife of the deceased, petitioner No.2

is the minor daughter of the deceased and petitioner No.3 is the

mother of the deceased.

4. Respondent No.1 is the owner of the offending motor

cycle and respondent No.2 is the insurance company which

whom the motor cycle is duly insured. Petitioners preferred

M.V.C.No.703/2016 and sought compensation of Rs.41,50,000/-.

5. After service of summons, respondent Nos.1 and 2 have

appeared before the Tribunal through their respective counsel

and filed their statement of objections, denied liability and

prayed for dismissal of the claim petition.

6. The petitioner No.1 got herself examined as PW-1 and

got marked Ex.P.1 to P.12. Respondents did not examine any

witness nor got marked any documents.

7. Based on the pleadings and evidence let in, the Tribunal

granted compensation of Rs.11,28,000/-. Not satisfied by the

same, the petitioners therein have preferred this appeal.

8. The petitioners have claimed the income of the

deceased as Rs.20,000/- per month. However, they have failed

to produce any evidence. Hence, the Tribunal has notionally

fixed income of the deceased at Rs.9,000/- per month. The

accident is of the year 2016. As per the chart prepared by the

Karnataka State Legal Services Authority in consultation with the

Insurance Company, the notional income in the absence of proof

of income to be adopted for the year 2016 is Rs.9,500/- per

month. Further, 40% has to be added to the income of the

deceased towards future prospects as per the law down by the

Apex Court in National Insurance Co.Ltd. v. Pranay Sethi

(2017) 16 SCC 680. The age of the deceased is about 41

years. Thus, multiplier of '14' is to be adopted. There being

three dependants, 1/3 has to be deducted towards his personal

expenses. Thus, on the count of loss of dependency, the

petitioners are entitled to a sum of Rs.13,30,000/- (9,500 +

25% x 12 x 14 x 1/3).

9. Further, as per the law laid down by the Hon'ble

Supreme Court in New India Assurance Co.Ltd. v. Somwati

[(2020)9 SCC 644], petitioners are entitled to a sum of

Rs.40,000/- each under the head loss of consortium and

Rs.30,000/- towards funeral expenses and loss of estate. Thus,

in all they are entitled to a sum of Rs.1,50,000/- under all

conventional heads. Thus, they are entitled to total

compensation of Rs.14,80,000/- as against Rs.11,28,000/-

awarded by the Tribunal.

10. Hence, the following:

ORDER

i] Appeal is allowed in part.

ii] The total compensation awarded by the Tribunal is modified and enhanced to Rs.14,80,000/- (Rupees Fourteen Lakhs Eighty Thousand only) as against Rs.11,28,000/- which shall carry interest at the rate of 6% per annum on the enhanced compensation from the date of the claim petition till its realization.

iii] The insurance company shall deposit the re-assessed total compensation determined as aforesaid before the Tribunal within 90 days from the date of receipt of the certified copy of the judgment and order.

iv] The portion of the order of the Tribunal inasmuch as liability, apportionment and disbursement remains intact.

v] The modified compensation shall be disbursed in terms of the order of the Tribunal.

             vi]     Draw modified award accordingly.




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