Karnataka High Court
Govinda N Amin vs Somashekar Kotian on 16 February, 2022
Bench: P.S.Dinesh Kumar, P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE P.KRISHNA BHAT
M.F.A.No.7009 OF 2021 (MV-D)
BETWEEN:
1. GOVINDA N. AMIN,
S/O. NARAYAN POOJARY,
AGED ABOUT 58 YEARS,
2. SHAKILA G. AMIN,
W/O GOVINDA N. AMIN,
AGED ABOUT 56 YEARS,
3. VARNITHA G.
D/O GOVINDA N. AMIN,
AGED ABOUT 25 YEARS,
ALL ARE R/AT DOOR NO.18-40B,
POOJARY HOUSE,
NEAR DHARMA STHANA,
KARNADU VILLAGE,
MANGALURU-575 001.
D.K.DISTRICT. ...APPELLANTS
(BY SMT. SAVITHRI G.GOUDAR, ADVOCATE FOR
SHRI.D.KRISHNAMOORTHY, ADVOCATE)
AND:
1. SOMASHEKAR KOTIAN,
S/O RUKKAPPA K. KOTIAN,
AGED ABOUT 63 YEARS,
2
R/AT DOOR NO.1-36/7,
GURU KRIPA, DAMASKATTE,
AIKALA POST, THALIPADY VILLAGE,
MANGALURU TALUK,
DAKSHINA KANNADA-574 141.
2. UNITED INDIA INSURANCE CO., LTD.,
SURATHKAL, D.O 2ND FLOOR,
RAM BHAVAN COMPLEX,
KODIALBAIL, MANGALURU-575 003.
REPRESENTED BY ITS
MANAGER. ...RESPONDENTS
(BY SMT.GEETHA RAJ, ADVOCATE FOR R.2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.04.2021 PASSED IN
MVC NO.1614/2018 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND CJM, MEMBER, MACT (C/C OF I ADDITIONAL
SENIOR CIVI JUDGE AND CJM), MANGALURU D.K, PARLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the claimants seeking enhancement
of compensation is filed challenging the judgment and
award dated April 22, 2021, in MVC.No.1614/2018
passed by I Additional Senior Civil and CJM, Member,
MACT, Mangaluru, Dakshina Kannada.
2. For the sake of convenience, parties shall be referred
as per their status before the Tribunal.
3. Heard Smt. Savithri G. Goudar, learned advocate for
the claimants and Smt. Geetha Raj, learned advocate for
the insurer.
4. First claimant's son Shri Varshith G.Suvarna
sustained grievous injuries in a road traffic accident on
07.09.2018, when a Tipper Lorry bearing registration
No.KA-19/C-340 coming from opposite side dashed
against the motorcycle on which the deceased was
proceeding as a pillion rider. Both rider and pillion rider
sustained grievous injuries and immediately he was shifted
to Government Hospital, Mulky, and the Doctor in the
hospital declared him as dead. On adjudication of the
claim petition, Tribunal has awarded Rs.6,18,000/-.
5. Smt. Savitri for the claimants submitted that
deceased was studying at V Semester BBA. Learned
Tribunal has erred in considering the notional income of
the deceased as Rs.8,000/- p.m., and accordingly sought
for enhancement.
6. In the absence of any proof of income, this Court has
been consistently considering the notional income of an
able bodied person in the year 2018 as Rs.12,500/- p.m.
7. Deceased was aged 23 years and is a bachelor,
hence the applicable multiplier is 18% and future
prospects is to be added at 40%.
8. Claimants No.1 and 2 are parents and claimant
No.3 is the elder sister of the deceased. An amount of
Rs.40,000/- each is to be awarded towards consortium for
the parents of deceased. In view of the decision in case of
Magma General Insurance Company Limited V/s.
Nanu Ram and Others1 consortium is to be awarded to
sister of the deceased also. Since, deceased was bachelor,
50% is deductible from the earnings of the deceased while
calculating loss of dependency.
9. Thus, compensation towards loss of dependency is
worked out as follows;
(2018)18 SCC 130
The monthly notional income works out to
Rs.17,500/- (Rs.12,500+5,000) [by adding 40%
towards future prospects (Rs.12,500*40%=Rs.17,500/-)].
After deducting 50%, it works out to Rs.8,750/- per
month (Rs.17,500*50%). The Annual notional income
works out to Rs.1,05,000/- (Rs.8,750*12). By applying
18 as multiplier, the loss of dependency works out to
Rs.18,90,000/- (Rs.1,05,000*18).
10. The total compensation is re-computed as follows;
Sl.
No Description Amount
.
a. Loss of dependency Rs.18,90,000
ADD:Consortium
b. Rs.1,20,000
(Rs.40,000*3)
ADD: Conventional heads;
c. Rs.30,000
funeral expenses, etc.,
d. Total (a+b+c) Rs.20,40,000
LESS: Compensation
e. Rs.6,18,000
awarded by the Tribunal
Enhanced Compensation (d-e) Rs.14,22,000
11. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding
that claimants are entitled for a total
compensation of Rs.20,40,000/-, as against
Rs.6,18,000/- awarded by the Tribunal, payable
with interest at 6% p.a., from the date of filing
claim petition till the date of deposit.
The enhanced compensation is Rs.14,22,000/-;
and
(ii) Insurer shall pay the entire
compensation amount of Rs.20,40,000/- with
interest at 6% p.a., excluding the amount
paid/deposited if any, within eight weeks from
the date of receipt of a copy of this order.
Disbursement shall be made as directed by the
Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AG/AV
