Karnataka High Court
Smt.Shakuntala W/O ... vs Sri.Sarabjeetkour S/O ... on 24 February, 2022
Bench: S G Pandit, Anant Ramanath Hegde
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH 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. 102697/2019 (MV)
BETWEEN:
1. SMT. SHAKUNTALA
W/O. HANUMANTHAPPA PANIGATTI
AGE: 35 YEARS, OCC: HOUSEHOLD WORK
2. KUMARI KAVITA
D/O. HANUMANTHAPPA PANIGATTI
AGE: 14 YEARS, OCC: STUDENT
3. KUMARI PRIYA @ PRIYANKA
D/O. HANUMANTHAPPA PANIGATTI
AGE: 14 YEARS, OCC: STUDENT
4. KUMAR BASAVARAJ
S/O. HANUMANTHAPA PANIGATTI
AGE: 11 YEARS, OCC: STUDENT
(SINCE APPELLANTS NO.2 TO 4 ARE MINORS
REPTD BY THEIR NATURAL GUARDIAN APPELLANT NO.1
SHAKUNTALA W/O. HANUMANTHAPPA PANIGATTI)
5. SMT. CHANNAVVA
W/O. BASAPPA PANIGATTI
AGE: 62 YEARS, OCC: HOUSEHOLD WORK
ALL ARE R/O. GANJIGATTI
TQ: SHIGGAON-581 205
DIST: HAVERI.
...APPELLANTS
2
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
1. SRI. SARABJEETKOUR
S/O. SATNAMASINGH SANDHU
AGE: MAJOR, OCC: BUSINESS
R/O. DABAD VILLAGE
TQ: ARADHAPUR-431 704
DIST: NANDED
STATE; MAHARASHTRA.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
N.K. COMPLEX, KESHWAPUR,
HUBBALLI-580 020.
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. S.S. JOSHI, ADVOCATE FOR R2,
NOTICE TO R1 IS DISPENSED WITH)
MFA FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 11.07.2018 PASSED
IN MVC NO.212/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND M.A.C.T. SHIGGAON, AT SHIGGAON AND AWARD THE
COMPENSATION AS CLAIMED IN THE CLAIM PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
HEARING - INTERLOCUTORY APPLN THIS DAY, S.G. PANDIT J.,
DELIVERED THE FOLLOWING:
3
JUDGMENT
The appellants-wife and children of deceased
Hanumantappa S/o Basappa Panigatti, who died in a motor
vehicle accident that occurred on 7.10.2015, are before this
Court not being satisfied with the quantum of compensation
awarded under the judgment and award dated 11.07.2018
passed in M.V.C. No.212/2017 on the file of the learned
Senior Civil Judge and JMFC, Siggaon (hereinafter referred
as 'Tribunal', for short) and praying for enhancement of
compensation.
2. The appellants are the wife and children of
deceased Hanumantappa Panigatti, filed claim petition
under Section 166 of the Motor Vehicles Act, claiming
compensation for the death of Hanumantappa Panigatti in a
road traffic accident that had occurred on 07.10.2015,
involving lorry bearing Regn.No.MH-26/H-6888. The
accidental death of Hanumantappa Panigatti is not in
dispute in this appeal. The claimants' appeal is for
enhancement of the compensation.
3. The Tribunal on consideration of the materials on
record, awarded total compensation of Rs.19,18,000/- on
the following heads with interest at the rate of 6% per
annum.
Towards Loss of dependency ` 18,48,000.00
Towards love and affection ` 40,000.00
Towards loss of estate ` 15,000.00
Towards funeral expenses ` 15,000.00
Total ` 19,18,000.00
While awarding the above compensation, the Tribunal
assessed the income of the deceased at Rs.11,000/- per
month, added 25% of the assessed income towards future
prospects, since the deceased was aged 45 years, deducted
1/5th towards personal expenses and adopted multiplier of
'14'.
4. We have heard Sri Madanmohan M.Khannur,
learned counsel for the appellants-claimants and Sri
S.S.Joshi, learned counsel for respondent No.2-Insurance
Company. Perused the entire appeal papers including the
trial Court records.
5. The only ground urged in support of
enhancement of compensation in this appeal is that the
claimants Nos.1 to 5 are the wife, children and mother of
the deceased, who lost love and affection of the deceased
would be entitled for consortium as held by the Hon'ble
Apex Court in Magma General Insurance Co.Ltd Vs
Nanu Ram and Others1.
6. Learned counsel for the appellants would submit
that claimant Nos.1 to 5 would be entitled for Rs.40,000/-
each on spousal, parental as well as filial consortium. Thus,
he prays for enhancement of compensation by allowing the
appeal.
7. Per contra, learned counsel for respondent No.2-
Insurance Company would submit that the compensation
(2018 ACJ 2782)
awarded by the Tribunal is just compensation, which needs
no interference.
8. Having heard the learned counsel for the parties
and on perusal of the appeal papers, we are of the view
that the claimants would be entitled for enhancement of
compensation. Claimant Nos.1 to 4 are the wife and
children of deceased Hanumanthappa Panigatti and
claimant No.5 is the mother of the deceased
Hanumanthappa Panigatti. The wife, children and mother
have lost love and affection of deceased Hanumanthappa
Panigatti. The Hon'ble Apex Court in the case of Magma
General Insurance Co. Limited (supra), has made it
clear that the wife and children of the deceased would be
entitled for spousal and parental consortium at Rs.40,000/-
each and parents would be entitled for Rs.40,000/- each
under the head of filial consortium. Thus, claimants Nos.1
to 4 i.e., wife and children of the deceased would be
entitled for spousal and parental consortium of Rs.40,000/-
each and claimant No.5 i.e., mother of the deceased would
be entitled for filial consortium of Rs.40,000/- as held by
the Hon'ble Apex Court in the case of Magma (supra).
Thus, the claimants would be entitled for the following
modified compensation;
Loss of dependency Rs.18,48,000.00
Funeral expenses and loss of estate Rs.30,000.00
Loss of consortium Rs.2,00,000.00
(40,000 x 5)
Total Rs.20,78,000.00
Accordingly, the claimants are entitled for total
compensation of Rs.20,78,000.00 as against
Rs.19,18,000.00 awarded by the Tribunal.
The compensation amount shall carry interest at the
rate of 6% p.a. from the date of petition till realization.
In view of the above, the appeal is allowed in part and
the judgment and award of the Tribunal stands modified to
the above extent.
The apportionment, deposit and disbursement shall be
as ordered by the Tribunal in the same proportion.
Rest of the award of the Tribunal is not disturbed.
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
am
