Karnataka High Court
Smt Banu vs Sri S Purushotham Naidu on 13 January, 2021
Author: N S Gowda
MFA 8098/2015
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
M.F.A.NO.8098/2015 (MV-D)
BETWEEN:
1. Smt.Banu,
W/o Late Shabbir,
Aged about 22 years,
R/at Kammepalli Village,
Venkatagirikota mandalam,
Chittor District,
Andra Pradesh.
2. Smt.Rahamath Bi,
W/o Ibrahim,
Aged about 47 years
3. Ibrahim,
S/o Shaik Hussain,
Aged about 52 years
4. Shaik Hussain,
S/o Late Kasim Sabhi,
Aged about 77 years
5. Zanna Bi,
W/o Shaik Hussain,
Aged about 72 years
Appellants 2 to 5 are R/at
Abbenahalli Village,
Tayalur Post, Mulbagal Tq.
Kolar District-563 136. ...APPELLANTS
(By Smt.Suguna R.Reddy, Adv.)
MFA 8098/2015
2
AND:
1. Sri S.Purushotham Naidu,
S/o Srinivasalu Naidu,
Aged about 34 years,
R/at Pamuganapalli Village,
V.Kota Mandalam, Palamenur Tq.
Andra Pradesh-517 424.
2. The Branch Manager,
United India Insurance Company Ltd.,
Regional Office, No.25,
Shankara Narayana Buildings,
1st Floor, M.G.Road,
Bangalore-560 001. ...RESPONDENTS
(By Smt. Sreevidya.G.K, Adv. for R1;
Sri Srishaila, Adv. for R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 22.07.2015
PASSED IN MVC NO.100/2013 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND MACT, KOLAR,
ITINERATING AT MULBAGAL, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MFA IS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
1. The facts are not in dispute.
2. One Shabbir, a 23 year old, while riding pillion on a
TVS Victor motor cycle, suffered an accident when the
motor cycle on which he was traveling collided with the
MFA 8098/2015
tractor. As a result of this accident, Shabbir sustained
multiple injuries and was treated at PES Medical College
Hospital, Kuppam, but he ultimately succumbed to the
injuries in the hospital.
3. A claim petition was filed by his wife, parents and
grandparents.
4. The Tribunal, after recording a finding that an
accident did occur on 28.11.2011 when Shabbir was
riding pillion and the accident occurred due to the rash
and negligent driving of the tractor, proceeded to assess
the compensation and awarded the following sums:
Sl.
Particulars Amount in Rs.
No.
1 Loss of Dependency 8,64,000-00
2 Medical Expenses 39,013-00
3 Loss of consortium 25,000-00
4 Transportation and funeral 15,000-00
expenses
Total 9,43,013-00
MFA 8098/2015
5. In determining the above compensation, the
Tribunal assessed the notional income of Shabbir at
Rs.6,000/- per month.
6. It is the case of the learned Counsel for the
appellant that the Tribunal committed a serious error in
assessing the notional income at Rs.6,000/- and
disregarding the claim of Batta of Rs.100/- per day. She
also submits that the Tribunal has erred in not awarding
future prospects and that the sums awarded towards loss
of consortium was also paltry and contrary to the
decision of the Apex Court in the case of NATIONAL
INSURANCE CO. LTD. VS PRANAY SETHI & OTHERS -
(2017)16 SCC 680.
7. Sri Srishaila, learned Counsel for the Insurance
Company, on the other hand, supported the impugned
award and contended that in the facts and circumstances
of the case, the award of the Tribunal does not deserve
to be modified.
MFA 8098/2015
8. It is not in dispute that the Tribunal has accepted
the version of the claimants that the deceased was
working as a auto driver. However, the Tribunal has
disregarded the claim for batta on the ground that there
was no satisfactory materials produced in respect of the
said claim. In my view, in the facts and circumstances, it
would be better to adopt the income that is determined
by the Karnataka State Legal Services Authority for the
purpose of assessing the notional income. Since the
accident is of the year 2011, the monthly income of the
deceased would have to be taken at Rs.6,500/-. To this
monthly income, a factor of 40 is required to be added,
which would result in the monthly income becoming
Rs.9,100/-.
9. Since the deceased had only three dependents,
1/3rd of his income would have to be deducted towards
his personal expenses, which would result in the monthly
income becoming Rs.6,067/- for the purpose of
determining compensation.
MFA 8098/2015
10. As Shabbir was 23 years old, a multiplier of 18 is
required to be adopted. This would result in the claimants
being entitled to a sum of Rs.6,067/- x 12 x 18 =
Rs.13,10,472/-.
10. The Tribunal has awarded a sum of Rs.39,013/-
towards medical expenses incurred. This award being
based on documentary evidence does not require to be
disturbed and the same is accordingly confirmed.
11. Since the deceased has left behind his wife and
parents - claimants 1, 2 & 3, each one of them would be
entitled to a sum of Rs.40,000/- towards the loss of
consortium.
12. Apart from the above compensation, the claimants
would also be entitled for a sum of Rs.30,000/- under the
conventional heads.
13. As a result, the claimants are entitled to the
following sums as compensation.
MFA 8098/2015
Sl.
Particulars Amount in Rs.
No.
1 Loss of Dependency 13,10,472-00
2 Medical Expenses 39,013-00
3 Loss of consortium 1,20,000-00
4 Conventional heads 30,000-00
Total 14,99,485-00
14. In the result, this appeal is allowed in part. The
claimants are entitled to a total compensation of
Rs.14,99,485/-. The said sum shall carry interest at 6%
per annum from the date of petition till its realization.
The Insurance Company is directed to deposit the
enhanced compensation amount within a period of eight
weeks.
Sd/-
JUDGE
KK
