Karnataka High Court
M/S Icici Lombard General ... vs Sri Sekh Jalaluddin @ Mohammed ... on 7 February, 2022
Bench: P.S.Dinesh Kumar, M.I.Arun
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE M.I. ARUN
M.F.A. NO.3177 OF 2018
C/W
M.F.A. NO.7008 OF 2017 (MV)
IN MFA NO.3177 OF 2018
BETWEEN :
1. SEKH JALALUDDIN
@ MOHAMMED JALALUDDIN MIYA
S/O. HAJARATH ALI
AGED ABOUT 51 YEARS
2. JARINA KATHOON
@ LAXMINA KATHOON
W/O SEKH JALALUDDIN
AGED ABOUT 43 YEARS
BOTH ARE R/AT WARD NO.16
BIR GUNJ, PARSA DISTRICT
NEPAL ...APPELLANTS
(BY SHRI. K. SHANTHARAJ, ADVOCATE)
2
AND :
1. ICICI LOMBARD
GENERAL INSURANCE COMPANY LTD.,
REPRESENTED BY ITS MANAGER
NO.69, 1ST FLOOR, S.V.R.COMPLEX
HOSUR MAIN ROAD, MADIVALA
BENGLUARU-560 068
2. SRI. SUBODH KUMAR
S/O MADANAGOPAL G
MAJOR, R/AT NO.153,
EMBASSY HERITAGE
NO.6221, 8TH MAIN
MALLESWARAM
BENGLAURU-560 053. ...RESPONDENTS
(SHRI. B.C. SHIVANNEGOWDA FOR R1 [VK NOT FILED];
VIDE ORDER DTD.27.01.2022 NOTICE TO
R2 IS DISPENSED WITH)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.03.2017 PASSED IN MVC
NO.3663/2015 ON THE FILE OF THE XXII ADDL. SMALL CAUSES
JUDGE AND MEMBER, MACT, BENGALURU (SCCH-24), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No. 7008 OF 2017
BETWEEN :
M/S. ICICI LOMBARD GENERAL
INSURANCE COMPANY LTD
REGIONAL OFFICE
NO.69, 1ST FLOOR, SVR COMPLEX
HOSUR MAIN ROAD, MADIWALA
BANGALORE
3
NOW REP. BY ITS LEGAL MANAGER
M/S. ICICI LOMBARD GIC LTD.,
REGIONAL OFFICE
THE ESTAE, 9TH FLOOR
DICKENSON ROAD, M.G.ROAD
BANGALORE-42 ...APPELLANT
(BY SHRI. B.C. SHIVANNE GOWDA, ADVOCATE)
AND :
1. SRI. SEKH JALALUDDIN
@ MOHAMMED JALALUDDIN MIYA
S/O HAJARATH ALI
NOW AGED ABOUT 50 YEARS
2. JARINA KATHOON @ LAXMINA KATHOON
W/O SEKH JALALLUDDIN
AGED ABOUT 46 YEARS
BOTH ARE RESIDING AT
WARD NO.16, BIRGUNJ
PARASA DISTRICT
NEPAL-44300
3. SUBODH KUMAR
S/O MADANAGOPAL G
MAJOR, R/AT NO.153,
EMBASSY HERITAGE
NO.6221, 8TH MAIN
MALLESWARAM
BENGALURU-55 ...RESPONDENTS
(BY SHRI. K. SHANTHARAJ, ADVOCATE FOR R1 & R2;
SHRI. SANTOSH RAJ C. DESHMUKH ADVOCATE
FOR R3[NOC];
SHRI. B.T. CHETHAN, ADVOCATE FOR R3 )
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.03.2017 PASSED IN MVC
4
NO.3663/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE & MEMBER MACT, BENGALURU AWARDING A
COMPENSATION OF RS.23,95,000/- WITH INTEREST AT THE
RATE OF 8% P.A. FROM THE DATE OF PETITION, TILL DEPOSIT.
THESE MFAs COMING ON FOR ORDERS THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
JUDGMENT
These two appeals are presented by the
claimants and insurer challenging the judgment and
award dated March 15,2017 in MVC No.3663/2015 on
the file of XXII Additional Small Causes Judge and XX
Additional Chief Metropolitan Magistrate and M.A.C.T.,
Bengaluru.
2. For the sake of convenience, parties shall
be referred to as per their status before the Tribunal.
3. We have heard Shri. K.Shantharaj, learned
Advocate for claimants and Shri. B.C. Shivannegowda,
learned Advocate for Insurer and Shri. Santosh Raj C.
Deshmukh, learned Advocate for the owner of the
offending vehicle.
4. Brief facts of the case are, petitioners' son
Azad Ali Shekh was riding his motor cycle on
Bengaluru - Bellary Road on April 28 2015. A car
coming from the opposite side dashed against him
causing grievous injuries. He died on the spot. On
consideration of the material on record, Tribunal has
awarded Rs.23,95,000/-.
5. Claimants have filed MFA No.3177/18
seeking enhancement of compensation and Insurer
has filed MFA No.7008/2017 challenging the quantum
of compensation.
6. Shri. Shantha Raj, learned Advocate for the
claimants submitted that the Tribunal has considered
notional income of the deceased as Rs.15,000/- per
month. Azad Ali Shekh was studying in 8th Semester
of Mechanical Engineering and he was a brilliant
student. After completion of Engineering course, Azad
would have started earning nothing less than
Rs.30,000/- to Rs.40,000/-. Tribunal has arbitrarily
fixed the notional income of the deceased at
Rs.15,000/- per month. Accordingly, he prayed for
suitable enhancement.
7. Shri. Shivanne Gowda, learned Advocate
for the Insurer placing reliance on Regional Manager
Vs. Sri.Kotreshappa A. and others1 submitted that a
Division Bench of this Court has held the notional
income of an Engineering student in respect of an
accident which has taken place in 2018 as Rs.15,000/-
per month. Therefore, the quantum of compensation
requires to be suitably reduced.
8. We have carefully considered rival
contentions and perused the records.
M.F.A. NO.3469 of 2019 decided on August 29, 2019
9. Undisputed facts of the case are, Azad Ali
Shekh studying in 8th Semester Engineering
succumbed to the injuries sustained by him, caused
by the offending vehicle. Liability is admitted by the
Insurer. The only point for consideration is, the
quantum of compensation.
10. Shri. Shivanne gowda, for the insurer has
placed reliance on Kotreshappa's case. In that case,
accident had taken place on 14.04.2018. Deceased
was studying in 4th Semester of Engineering course.
This Court has considered Rs.15,000/- as notional
income per month.
11. In Meena Pawala and others Vs. Ashraf Ali
and others2, Hon'ble Supreme Court of India has
considered Rs.14,000/- as monthly notional income.
In that case, the accident had occurred on 12.09.2012
2021 SCC OnLine SC 1083
and the deceased was studying in 3rd year Engineering
course.
12. In this case, for the accident which has
occurred in the year 2015, the Tribunal has
considered Rs.15,000/- as monthly notional income of
the deceased. Keeping in view the notional income
considered by the Division Bench of this Court and the
Apex Court, we are of the considered view that it
would be just and appropriate to accept the notional
income at Rs.15,000/- fixed by the Tribunal.
13. In Meena Pawala's case, the Apex Court
has considered and granted 40% towards future
prospects. In addition, parents shall be entitled for
loss of consortium at the rate of Rs.40,000/- each and
a sum of Rs.30,000/- towards other conventional
heads. Accordingly, the compensation requires to be
re-computed.
14. Tribunal has rightly considered the
multiplier as 17, as victim was aged more than 25
years as per the Birth Certificate.
15. Thus, compensation towards loss of
dependency is worked out as follows:
The monthly notional income works out to
Rs.21,000/- (Rs.15,000+6,000) [by adding 40%
towards future prospects Rs.15,000*40%=Rs.6,000)].
After deducting /2 of the income, it works out to
Rs.10,500/- per month (Rs.21,000*1/2). The Annual
notional income works out to Rs.1,26,000/-
(Rs.10,500*12). By applying 17 as multiplier, the loss
of dependency works out to Rs.21,42,000/-
(Rs.1,26,000*17).
16. The total compensation is re-computed as
follows:
Sl. Description Amount
No. (Rs)
a. Loss of dependency 21,42,000
b. ADD: Towards loss of 80,000
consortium (Rs.40,000*2)
c. ADD: Conventional heads; 30,000
funeral expenses, etc.,
d. Total (a+b+c) 22,52,000
e. LESS: Compensation awarded 23,95,000
by the Tribunal
Reduced Compensation (d-e) (1,43,000)
In the result, the following:
ORDER
(a) M.F.A. No.7008/2017 filed by the Insurer is
allowed.
(b) M.F.A. No.3177/2018 filed by the claimants
is dismissed.
(c) Claimants are held entitled for a total
compensation of Rs.22,52,000/- as against
Rs.23,95,000/- awarded by the Tribunal, payable with
interest at 8% p.a. from the date of filing claim
petition till the date of deposit. The compensation is
reduced by Rs.1,43,000/-.
(d) Insurer (ICICI Lombard General Insurance
Company Ltd) appellant in MFA No.7008/2017 shall
deposit the compensation amount of Rs.22,52,000/-
with 6% interest excluding the amount already
paid/deposited within six weeks from the date of
receipt of a copy of this order. Disbursement shall be
made as ordered by the Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
SPS
