Karnataka High Court
Sri Ansar Sab vs Mohammed Safiulla on 23 February, 2022
Bench: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
M.F.A.NO.5977/2010 (MV)
BETWEEN:
1. SRI. ANSAR SAB
S/O JABBAR SAB,
AGED ABOUT 57 YEARS,
2. THAJAMMUL
S/O ANSAR SAB,
AGED ABOUT 27 YEARS,
ALL R/O 5TH CROSS,
BILAL MASJID ROAD,
TIPPU NAGAR,
CHIKMAGALUR CITY. ...APPELLANTS
(BY MR.RAVINDRANATH, ADVOCATE)
AND:
1. MOHAMMED SAFIULLA
S/O LATE MOHAMED SHEFIEF,
MAJOR,
OWNER OF MARUTHI CAR
NO.KA-01/N-4793,
FOREST CONTRACTOR,
NO.66, SAFAI PALYA,
O.T.ROAD,
SHIMOGA.
2. UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, M.M.K. COMPLEX,
II FLOOR, AKKAMAHADEVI ROAD,
2
II MAIN, P.J.EXTENSION,
DAVANGERE.
BY ITS BRANCH MANAGER
(POLICY NO.240800/31/03/02909)
...RESPONDENTS
(BY MR.A.N.KRISHNASWAMY, ADV., FOR R2;
MR.SIRAJUN BASHA & MR. K.N.BALARAJ-
ADVOCATES FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.12.2009 PASSED IN MVC
NO.140/2005 ON THE FILE OF THE PRINCIPAL DISTRICT
JUDGE, MEMBER MACCT, CHIKMAGALUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
This appeal is at the instance of the claimants
seeking enhancement of the compensation awarded in
MVC No.140/2005 by Judgment and Award dated
04.12.2009 passed by the Prl. District Judge and MACT at
Chikmagalur.
2. The claim petition is filed under Section 163-A of
M.V. Act, 1988. Ex.P3 is the post mortem examination
report which shows that the deceased was aged 20 years
at the time of death. In the absence of any other records
to determine the age of the deceased, Court has to have
recourse to Ex.P3 itself and accordingly, age of the
deceased is determined at 20 years at the time of death.
As per the second schedule of the M.V. Act, 1988, under
Section 163-A of the Act, the appropriate multiplier
applicable to the said age is '16'. Based on the pleadings
and evidence, the income of the deceased is taken at
Rs.3,300/- per month. 1/3rd has to be deducted from his
income towards his personal income. Therefore, the
compensation awardable for the death of the deceased is
Rs.3,300.00-1/3rdx12x16=Rs.4,22,400/-.
3. Under section 163-A and second schedule of the Act,
the sum of Rs.2,000/- has to be awarded towards funeral
expenses and Rs.2,500/- towards loss of estate. Thus,
total compensation is Rs.4,26,900/- (Rs.4,22,400+Rs.
2,000+Rs.2,500). Learned Tribunal has awarded a
compensation of Rs.3,64,500/-. Therefore, the claimants
are entitled for total enhanced compensation of
Rs.62,400/- (Rs.4,26,900-Rs.3,64,500) and the same shall
carry 6% interest per annum from the date of petition till
payment. Hence, the appeal is allowed to the said extent.
4. The insurance company shall deposit the
compensation with interest thereon within four weeks from
the date of receipt of certified copies of this judgment.
5. The records shall be transmitted to the learned
Tribunal forthwith.
Sd/-
JUDGE
JS/-
