Karnataka High Court
Smt.Shantabai W/O Vitthal ... vs Shri.Sunil S/O Vasant Mane 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. 103418/2019 (MV)
BETWEEN:
1. SMT. SHANTABAI W/O VITTHAL DHANAGAR @ HERAWADE,
AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O NEJ,
TQ: CHIKODI, DIST: BELAGAVI-591 307.
2. SHRI. VITTHAL S/O APPAJI DHANAGAR @ HERAWADE,
AGE: 56 YEARS, OCC: AGRICULTURE COOLIE, R/O NEJ,
TQ: CHIKODI, DIST: BELAGAVI-591 307.
- APPELLANTS
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
1. SHRI. SUNIL S/O VASANT MANE,
AGE: MAJOR, OCC: BUSINESS, R/O CHANDUR,
TAL: CHIKODI, DIST: BELAGAVI-591 307.
2. THE MANAGER,
ROYAL SUNDARAM GENERAL INSURANCE
COM. LTD., NEHRU NAGAR, BELAGAVI-593 107.
- RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2,
NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED
30.04.2019 PASSED IN M.V.C.NO. 477/2018 ON THE FILE OF THE
LEARNED VII ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL.
MACT, BELAGAVI SITTING AT CHIKODI & ETC.
2
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, S.G. PANDIT J., DELIVERED THE
FOLLOWING:
JUDGEMENT
Though the appeal is listed for admission, with the consent
of parties, the appeal is taken up for final disposal.
2. The parents of Manjunath Vitthal Dhanagar (deceased) are
in appeal not being satisfied with the quantum of compensation
awarded under the judgment and award dated 30.04.2019
passed in M.V.C. No. 477/2018 by the learned VII Addl. Dist. &
Sessions Judge & AMACT, Belagavi, sitting at Chikodi (for short
'Tribunal') and praying for enhancement of compensation.
3. We have heard Sri Santosh S. Hattikatagi, learned counsel
for the appellant and Sri G.N. Raichur, learned counsel for
respondent No.2 and perused the appeal papers.
4. The accident which had taken place on 20.12.2017
involving motorcycle bearing Reg. No. KA-23/EJ-8879 and TATA
ACE vehicle bearing No. KA-23/B-0101 and the resultant death
of the victim-Manjunath 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 coolie and the income assessed by the Tribunal
at `9,000/- 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
2017. Since the accident is of the year 2017 he prays for
assessing the income of the deceased at `10,250/- per month.
Further, the learned counsel submits that the deceased was 21
years and 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 parents of the deceased
would be entitled for `40,000/- each on the head of Filial
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 `9,000/- per
month of the deceased is on the lower side. It is their claim that
the deceased was doing coolie 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 `10,250/- per month while settling the
accidental claims of the year 2017 based on the chart prepared
by the Karnataka State Legal Services Authority by taking note
of the various factors including minimum wage. Thus, we would
assess the notional income of the deceased at `10,250/- per
month.
8. The deceased was aged 21 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 21
years, the claimants would be entitled for adding 40% of the
assessed income towards future prospects. The claimants are
parents. They have lost the love and affection of the son and
they would be entitled for filial consortium at the rate of
`40,000/- each as held by the Hon'ble Apex Court in the case of
Magma Insurance (supra).
9. The Tribunal has awarded interest at the rate of 9% p.a.
on the compensation. In the circumstances of the case and in
view of the present day bank interest rate we deem it
appropriate to award interest at the rate of 6% p.a. from the
date of petition till realization on the enhanced compensation.
10. For the reasons stated above, the claimants are entitled
for compensation as under:
Sl. Particulars Amount (`)
No.
1. Loss of dependency 15,49,800.00
10,250/- + 40% less 50% towards
personal expenses `7,175x 12 x18
2. Filial consortium (`40,000/- x 2) 80,000.00
3. Transportation of dead body and funeral 30,000.00
expenses
Total 16,59,800.00
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 `16,59,800/-
as against `10,02,000/- awarded by the Tribunal. The claimants
are entitled for interest at 6% p.a. on the enhanced
compensation amount from the date of petition till payment.
The judgement and award passed by the by the learned VII
Addl. Dist. & Sessions Judge & AMACT, Belagavi, sitting at
Chikodi dated 30.04.2019 in M.V.C. No. 477/2018 is modified
accordingly.
The respondent no.2-insurer shall deposit the entire
compensation with interest within six weeks from the date of
preparation of the award.
Registry to transmit the trial Court records forthwith.
SD
JUDGE
SD
JUDGE
bvv
