Karnataka High Court
Mohammad Rafiq S/O Unni Kutti vs Sri.Dilip S/O Manjappa Gowda on 22 February, 2022
Bench: S G Pandit, Anant Ramanath Hegde
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE S.G. PANDIT
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A. No. 101180/2020 (MV)
BETWEEN:
1. MOHAMMAD RAFIQ S/O UNNI KUTTI,
AGE-37 YEARS, OCC-NIL.
2. KUM. MOHAMMAD RIZWAN,
S/O MOHAMMAD RAFIQ,
AGE-10 YEARS, OCC-STUDENT.
3. KUM. FATHIMATH RIZAAN,
D/O MOHAMMAD RAFIQ,
AGE-08 YEARS, OCC-STUDENT.
SINCE APPELLANTS NO-2 AND 3
ARE MINORS R/BY THEIR NATURAL
FATHER, M/G, I.E., APPELLANT NO-1.
ALL ARE R/O CHIKKAMANGALURU,
NOW AT DASANAKOPPA,
TQ: SIRSI-581 358, DIST: KARWAR.
- APPELLANTS
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
2
1. SRI. DILIP S/O MANJAPPA GOWDA,
AGE-47 YEARS, OCC-BUSINESS,
R/O KALASA POST, TQ: MUDIGERE,
DIST: CHIKKAMAGALURU-577 124.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
MODI COMPLEX, HOSPET ROAD,
SIRSI, TQ: SIRSI-581 401,
DIST: KARWAR (U.K.)
- RESPONDENTS
(BY SRI. SHASHANK HEGDE, ADVOCATE FOR R2,
NOTICE TO R1 IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND
AWARD DATED 23.01.2020 PASSED IN M.V.C.NO. 643/2018 ON
THE FILE OF THE LEARNED SR. CIVIL JUDGE AND AMACT, SIRSI
& ETC.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, S.G. PANDIT J., DELIVERED THE
FOLLOWING:
3
JUDGEMENT
Though the appeal is listed for admission, with the consent
of parties, the appeal is taken up for final disposal.
2. The husband and children of Smt. Raihan Banu (deceased)
are in appeal not being satisfied with the quantum of
compensation awarded under the judgment and award dated
23.01.2020 passed in M.V.C. No. 643/2018 by the learned
Senior Civil Judge & AMACT, Sirsi (for short 'Tribunal') and
praying for enhancement of compensation.
3. We have heard Sri Harish S. Maigur, learned counsel for
the appellant and Sri Shashank Hegde, learned counsel for
respondent No.2-insurer and perused the appeal papers.
4. The accident which had taken place on 15.06.2018
involving Car bearing Reg. No. KA-18-P-6253 and the resultant
death of the victim-Smt.Raihan Banu, an inmate of the car, is
not in dispute in this appeal. The claimants are before this Court
seeking enhancement of compensation. The respondent-
insurance company has not filed any appeal questioning the
liability. Hence, the only question which falls for consideration is
as to whether the appellants would be entitled for enhancement
of compensation.
5. Learned counsel for the appellants submits that the
deceased was a Tailor and the income assessed by the Tribunal
at `8,000/- per month is on the lower side when compared to
the notional income that would be determined by this Court and
the Lok Adalath while settling the accidental claims of the year
2018. Since the accident is of the year 2018 he prays for
assessing the income of the deceased at `11,750/- per month.
Further, the learned counsel submits that the deceased was 29
years and the claimants would be entitled for 40% of the
assessed income towards future prospects. It is also the
submission of the learned counsel for the appellant that
appellant no.1-husband of the deceased would be entitled for
`40,000/- towards spousal consortium so also the appellant
nos.2 and 3-children of the deceased are entitled for `40,000/-
each on the head of parental Consortium as held by the Hon'ble
Apex court in Magma General Insurance Co. Ltd. V. Nanu
Ram and others (2018 ACJ 2781). Thus, prays for allowing
the appeal and to enhance the compensation.
6. Learned counsel for the respondent No.2-insurance
company submits that the quantum of compensation awarded by
the Tribunal is just compensation which needs no interference.
Thus, he prays for dismissal of the appeal.
7. The income assessed by the Tribunal at `8,000/- per
month of the deceased is on the lower side. It is their claim that
the deceased was doing tailoring work but no material or
document is placed to establish the income of the deceased. In
the absence of any material or document to establish the
income, this Court and the Lok Adalath would normally assess
the notional income at `11,750/- per month while settling the
accidental claims of the year 2018 based on the Chart prepared
by the Karnataka State Legal Services Authority, which is
prepared on considering various factors including Minimum
Wages. Thus, we are of the view that the notional income of the
deceased could be assessed at `11,750/- per month.
8. The deceased was aged 29 years. As held by the Hon'ble
Apex Court in National Insurance Company Limited v.
Pranay Sethi and others (AIR 2017 SC 5157) wherever the
deceased was aged less than 40 years, the claimants would be
entitled for adding 40% of the assessed income towards future
prospects. In the instant case, since deceased was aged 29
years, the claimants would be entitled for adding 40% towards
future prospects. The claimants are, husband and children.
They have lost the love and affection of the wife and mother
respectively. They would be entitled for spousal consortium as
well as parental consortium at the rate of `40,000/- each as held
by the Hon'ble Apex Court in the case of Magma Insurance
(supra).
8, For the reasons stated above, the claimants are entitled
for compensation as under:
Sl. Particulars Amount (`)
No.
1. Loss of dependency 22,37,268.00
11,750/- + 40% less 1/3 towards
personal expenses `10,967 x 12 x17
2. Parental consortium (`40,000/- x 2) 80,000.00
3. Spousal consortium 40,000.00
4. Transportation of dead body and funeral 30,000.00
expenses
5. Medical expenses 3,00,000.00
6. Towards Food, nourishment and 10,000.00
attendant charges
Total 26,97,268.00
For the foregoing reasons we pass the following order.
ORDER
The appeal filed by the claimants is allowed in part. The
claimants are entitled for a total compensation of `26,97,268/-
as against `20,92,000/- awarded by the Tribunal with interest at
6% p.a. from the date of petition till payment. The judgement
and award passed by the learned Sr. Civil Judge & AMACT, Sirsi
dated 23.01.2020 in M.V.C. No. 643/2018 is modified
accordingly.
The order of the Tribunal with regard to apportionment /
share of compensation among the claimants shall also apply to
the enhanced compensation amount.
The respondent no.2-insurer shall deposit the entire
compensation with interest within six weeks from the date of
preparation of the award.
SD
JUDGE
SD
JUDGE
bvv
