Karnataka High Court
Smt. Shantawwa W/O. Suresh ... vs Shri. Kallappa S/O. Basappa ... on 1 April, 2022
Bench: S.Sunil Dutt Yadav, K.S.Hemalekha
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MFA No. 102952 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 01ST DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MFA NO. 102952 OF 2018 (MV-D)
BETWEEN:
1. SMT. SHANTAWWA
W/O. SURESH DALAWAI,
AGE:36 YEARS, OCC:NIL,
2. SHRI SURESH
S/O. LAXMAN DALAWAI
AGE:46 YEARS, OCC:NIL,
3. SHRI BASAVARAJ
S/O. SURESH DALAWAI
AGE:22 YEARS,
OCC:SUTDENT,
4. KIRAN S/O. SURESH DALAWAI,
AGE: 17 YEARS, OCC:SUTDENT,
ALL ARE R/O: TUNGAL,
TQ: JAMKHANDI,
DIST:BAGALKOT.
JAGADISH
TR (APPELLANT NO.4 MINOR REPRESENTED
BY MOTHER MINOR GUARDIAN APPELLANT NO.1)
Digitally signed by
JAGADISH T R
Location: High
Court of Karnataka,
Dharwad ...APPELLANTS
(BY SRI. PRASHANT S KADADEVAR, ADVOCATE)
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MFA No. 102952 of 2018
AND:
1. SHRI. KALLAPPA
S/O. BASAPPA LINGANUR
AGE: 61 YEARS, OCC:AGRICULTURE,
R/O: TUNGAL, TQ: MUDHOL, DIST:BAGALKOT.
2. THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE COMPANY LIMITED,
JAMKHANDI, NEAR BASAVESHWAR CIRCLE,
VIJAYPUR ROAD, JAMKHANDI, DIST:BAGALKOT.
...RESPONDENTS
(BY SMT.PREETI SHASHANK, ADVOCATE FOR R2;
RESPONDENT No.1 NOTICE SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 11.04.2018
PASSED IN MVC NO.311/2017 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.VI, JAMKHANDI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, K.S. HEMALEKHA J., DELIVERED THE FOLLOWNG:
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MFA No. 102952 of 2018
JUDGMENT
The present appeal is preferred by the claimants
assailing the judgment and award dated 11.04.2018 in MVC
No.311/2017 on the file of the learned Additional Senior Civil
Judge and Member, Motor Accident Claims Tribunal No.VI,
Jamkhandi, (for short "Tribunal") seeking enhancement of
compensation.
2. The claimants filed a claim petition seeking
compensation of Rs.26,50,000/- on account of death of
Laxmana S/o Suresh Dalawai, who succumbed to the injuries
sustained in a fatal road traffic accident, that had occurred
on 27.01.2017, when the deceased was proceeding towards
his land, the Tractor bearing registration No.KA-48/T-9428
came in a rash and negligent manner and dashed against the
deceased due to which the said Laxmana died on the spot.
The claimants are the parents and brother of the deceased.
3. It is contended that the deceased was hale and
healthy aged about 19 years, unmarried and was doing
agricultural work and earning Rs.25,000/- per month.
4. In pursuant to the notice, the Insurance company
appeared and filed their objections denying the accident and
MFA No. 102952 of 2018
contended that the occurrence of the accident was due to
rash and negligent driving on the part of the driver of the
tractor in question.
5. The Tribunal considering the pleadings, evidence
and material available on record held that the accident
occurred due to the negligence on part of the driver of the
Tractor bearing registration No.KA-48/T-9428 and fastened
the liability on the Insurance Company and awarded a
compensation of Rs.8,06,000/- with interest at the rate of
8% per annum from the date of petition till realization.
6. Heard the learned counsel Sri. Prashant S.
Kadadevar for the appellants and learned counsel Smt. Preeti
Shashank for the respondent - Insurance company.
7. The date, time and occurrence of the accident,
resultant death of the deceased Laxmana are not in dispute.
The only dispute is with regard to the quantum of
compensation awarded by the Tribunal.
8. It is the contention of the learned counsel for the
appellants that the Tribunal has taken the income of the
deceased at Rs.7,000/- per month without considering the
income which has to be taken as per the chart prepared by
MFA No. 102952 of 2018
the Karnataka State Legal Services Authority chart and also
contended that the future prospects as held in case of
Hon'ble Apex Court in the case of National Insurance
Company Limited Vs. Pranay Sethi & others, reported in
2017 ACJ 2700 has not been awarded and also contended
that the Tribunal has not awarded compensation under the
head of 'loss of consortium' and 'conventional heads' as per
the dictum of the Hon'ble Apex Court in case of United
India Insurance Company Limited V/s Satinder Kaur
and others reported in AIR 2020 SC 3076 and Magma
General Insurance Company Ltd. Vs. Nanu Ram &
Others reported in 2018 ACJ 2782 and sought to be
reworked the compensation amount by allowing the appeal.
9. Per contra, learned counsel for the respondent-
Insurance Company would contend that the award of
compensation by the Tribunal is just, fair and proper and
same does not call for any interference by this Court.
10. A perusal of the judgment and award of the
Tribunal would depict that the Tribunal has taken income of
the deceased at Rs.7,000/- per month while awarding
amount of compensation under the head of 'loss of
MFA No. 102952 of 2018
dependency' and the Tribunal has not added future
prospects. Taking note that as per the Karnataka State Legal
Services Authority guidelines for the accident that had
occurred in the year 2017, notional income has to be taken
at Rs.10,250/- per month, even assuming that the claimants
have not produced any documents to show the actual income
of the deceased, thus taking the notional income of the
deceased at Rs.10,250/- and adding 40% (future prospects)
as per the dictum of the Hon'ble Apex Court in case of
Pranay Sethi (supra) and deducting 50% towards personal
expenses as the deceased was a bachelor and applying the
multiplier of '18' considering the age of the deceased, loss of
the dependency that would be arrived at Rs.15,49,800/-
(Rs.10,250 + 40%=Rs.14,350 x 12 x 18 x 1/2).
11. In view of the dictum of the Hon'ble Apex Court in
case of the Magma General Insurance Company Ltd.
(supra), the claims are entitled for 'loss of consortium' as the
dependents are four in numbers and they would be entitled
for Rs.40,000/- each that would come to Rs.1,60,000/-.
Under the 'loss of conventional heads', the claimants are
entitled for Rs.15,000/- towards 'funeral expenses' and
MFA No. 102952 of 2018
Rs.15,000/- 'loss of estate'. In all the claimants are entitled
for a compensation under the following heads;
Sl. Particulars Amount
No.
1 Loss of dependency Rs.15,49,800/-
(Rs.10,250 + 40% = 14,350 x
12 x 18 x ½)
2 Funeral expenses Rs.15,000/-
3 Loss of estate Rs.15,000/-
4 Loss of consortium Rs.1,60,000/-
Total Rs.17,39,800/-
12. Thus, the claimants are entitled for enhanced
compensation of Rs.9,33,800/- (Rs.17,39,800 - 8,06,000)
with interest at the rate of 6% per annum from date of
petition till realization.
13. In the result we pass the following:
ORDER
1. Appeal is allowed in part.
2. The impugned judgment and award
passed by the Tribunal is modified to
the extent that the claimants-
appellants are entitled for enhanced
compensation of Rs.9,33,800/-
with interest at the rate of 6% per
annum from the date of petition till
realization.
MFA No. 102952 of 2018
3. The Insurance Company is directed
to deposit the said enhanced
compensation amount with interest
within six weeks from the date of
release of this order.
4. The apportionment, deposit and
release of the enhanced
compensation would be as per the
order of the Tribunal.
5. Registry is directed to transmit TCR
to the Tribunal forthwith.
6. Draw the modified award
accordingly.
7. No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
AC/PJ
