G Mayabba @ Puttu Byari vs Sriram General Insurance Co Ltd
2022 Latest Caselaw 11506 Kant

Citation : 2022 Latest Caselaw 11506 Kant
Judgement Date : 23 August, 2022

Karnataka High Court

G Mayabba @ Puttu Byari vs Sriram General Insurance Co Ltd on 23 August, 2022

Bench: Rajendra Badamikar

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 23RD DAY OF AUGUST, 2022

                      BEFORE

     THE HON'BLE Mr. JUSTICE RAJENDRA BADAMIKAR

           M.F.A. No.8915 OF 2018 (MV-D)

BETWEEN:

1.   G MAYABBA @ PUTTU BYARI
     S/O MOIDINABBA @ MOIDU BYARI
     AGED 57 YEARS

2.   SMT G ASMA
     W/O MAYABBA @ PUTTU BYARI
     AGED 47 YEARS,

3.   MR G THOUSHIF
     S/O MAYABBA @ PUTTU BYARI
     AGED 23 YEARS,

4.   THOWSEENA G
     D/O MAYABBA @ PUTTU BYARI
     AGED ABOUT 19 YEARS

     ALL ARE R/A D.NO.1-48
     GADIYARA HOUSE, PERAMOGARU POST
     KEDILA BANTWAL TALUK
     PRESENTLY R/AT ZUM ZUM MANZIL,
     FAIZAL NAGAR, BAJAL, MANGALURU.
                                       ...APPELLANTS
(BY SRI. GURUPRASAD B R, ADVOCATE)
                              2




AND:

1.   SRIRAM GENERAL INSURANCE CO. LTD.
     302, III FLOOR, S & S CORNER
     OPP: BOURING & LADY CURZON HOSPITAL
     SHIVAJINAGAR BENGALURU-560001
     REPRESENTED BY ITS MANAGER

2.   MR. DEVE GOWDA
     S/O DEVARAJE GOWDA
     AGED 27 YEARS,
     R/O HARDURU VILLAGE
     GANJALAGUDU POST 573 102
     ARAKALAGUDU TALUK
     HASSAN DISTRICT.
                                         ...RESPONDENTS
(BY SRI. PREDEEP B., ADVOCATE FOR R1
    R2 - NOTICE DISPENSED WITH)

                          *******


       THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING
TO MODIFY THE JUDGMENT AND AWARD DATED 23.03.2018
PASSED IN MVC NO.1646/2016 PASSED BY THE MOTOR
ACCIDENT CLAIMS TRIBUNAL AND 1ST ADDITIONAL SENIOR
CIVIL JUDGE, MANGALURU, D.K, PARTLY ALLOWING THE
CLAIM    PETITION   FOR   COMPENSATION   AND   SEEKING
ENHANCEMENT OF COMPENSATION.


       THIS MFA COMING ON FOR FURTHER ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING;
                                         3




                         JUDGMENT

This appeal is filed by claimants/appellants

challenging the judgment and award passed by the

First Additional Senior Civil Judge and MACT,

Mangalore, D.K., in MVC No.1646/2016 dated

23.3.2018 for enhancement of compensation awarded

by the Tribunal.

2. Claimants have filed claim petition under

Section 166 of the M.V Act claiming compensation of

three lakhs on account of death of Mr. Mohammed

Ashiq @ Ashiq on 2.12.2015 in a road traffic accident.

The Tribunal after assessing the oral and documentary

evidence has awarded a total compensation of

Rs.10,33,000/-. Being aggrieved by this award, the

claimants have come in appeal.

3. The short point urged is that the future

prospects were not added while calculating loss of

dependency.

4. The learned counsel for the respondent No.1-

insurance company also submits that future prospects

may be added and to that extent the appeal may be

allowed.

5. Admittedly, the deceased was aged about 26

years. The Tribunal has taken the income of the

deceased at Rs.9,000/- p.m. as per the Lok Adalath

chart. It has also applied proper multiplier of '17'.

However, the Tribunal has not added future prospects.

Considering the age of the deceased, 40% of the

future prospects (40% of 9000=3600) is required to

be added and hence, monthly income would work out

to Rs.12,600/- (3600+9000) and 50% required to be

deducted towards personal expenses (50% of 12,600

=6300) since the deceased was a bachelor. Hence,

loss of dependency would work out to Rs.12,85,200/-

(6300*12*17) as against Rs.9,18,000/- awarded by

the Tribunal. The tribunal has awarded Rs.1,00,000/-

under the head 'love and affection' which includes

consortium for appellants 1 and 2. Hence, it does not

call for interference as it includes loss of estate also.

Hence, the claimants would be entitled to

Rs.1,00,000/- towards 'love and affection', funeral and

other incidental charges at Rs.15,000/- and loss of

dependency at Rs.12,85,200/- Hence, the appellants-

claimants would be entitled for a total compensation of

Rs.14,00,200/- as against Rs.10,33,000/- awarded by

the Tribunal.

6. Considering these facts and circumstances, the

appeal needs to be allowed in part. Accordingly, I

proceed to pass the following:

ORDER

i. The appeal is allowed-in-part.

ii. The judgment and award dated 23.03.2018 passed by the I Addl. Sr. Civil Judge & MACT, Mangaluru, D.K. in MVC No.1646/2016 is modified.

iii. The appellants-claimants are held entitled for total compensation of Rs.14,00,200/- as against Rs.10,33,000/- awarded by the Tribunal.

iv. The enhanced compensation of Rs.3,67,200/- shall carry interest at the rate of 6% p.a. from the date of petition till its realisation.

v. Respondent No.2-Insurance Company is directed to deposit the entire enhanced compensation with accrued interest within a period of 6 weeks from today.