Karnataka High Court
Smt Shivaganga And Ors vs Rajeev T And Ors on 24 January, 2022
Bench: S.R.Krishna Kumar, K S Hemalekha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JANUARY 2022
PRESENT
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
M.F.A. NO.201066/2019 (MV)
BETWEEN:
1. Smt. Shivaganga W/o Timmappa Dhangar
Age: 43 years, Occ: Household
2. Sunita @ Huligemma
D/o Timmappa Dhangar
Age: 27 years, Occ: Nil
3. Urmila D/o Timmappa Dhangar
Age: 20 years, Occ: Student
4. Savarappa @ Sourab
S/o Timmappa Dhangar
Age: 18 years, Occ: Student
All are R/o No.13, Tadiwala Road
Vishwadeep Tarun Mandal Shakyamuni
Budh Vihar, Pune
Now R/o Gonal Village, Tq. & Dist. Raichur-584101
... Appellants
(By Sri Babu H. Metagudda, Advocate)
2
AND:
1. Rajeev T S/o Thangavel
Age: 34 years, Occ: Driver of
Lorry No.TN-54/L-6858
R/o 3/54, P. Ramanathapuram Pereyur
Madurai (Dist) -625001
Tamil Nadu State
2. Megala G.M. W/o Murugesan S
Age: Major, Occ: Owner of
Lorry No.TN-54/L-6858
R/o No.60, Ward No.3
Mettupatti Boyar Street
Mettupatti (Post)
Salem District-636004
Tamil Nadu State
3. The Branch Manager
National Insurance Ltd.
Branch Office, Near at Paras Garden
Raichur-584101
... Respondents
(By Smt. Preeti Patil Melkundi, Advocate for R3;
Notice to R1 and R2 dispensed with vide order dated 16.09.2021)
This Miscellaneous First Appeal is filed under Section 173(1) of
Motor Vehicles Act, praying to allow this appeal and modify the judgment
and award dated 01.02.2019 passed in MVC No.173/2018 by the II
Additional District and Sessions Judge & MACT at Raichur and enhance
the compensation from Rs.12,54,600/- with 6% interest to Rs.44,00,000/-
with 12% interest.
This appeal coming on for admission this day,
S.R.Krishna Kumar J., delivered the following:
3
JUDGMENT
This appeal by the claimants in MVC No.173/2018 on
the file of the II-Additional District and Session Judge and
MACT, Raichur (for short the 'Tribunal') is directed against the
impugned judgment and award dated 01.02.2019 whereby the
Tribunal allowed the claim petition filed by the appellants-
claimants, thereby awarding them compensation in a sum of
Rs.12,54,600/- with 8% interest per annum towards the death
of one Mahesh in a fatal road traffic accident that occurred on
28.01.2018.
2. Learned counsel for the appellants-claimants
submits that having regard to the material on record and
principles governing grant of compensation as laid down by
the Hon'ble Apex Court in the cases of Sarla Verma vs. Delhi
Transport Corporation reported in (2009) 6 SCC 121,
National Insurance Company Limited vs. Pranay Sethi and
Others reported in (2017) 16 SCC 680 and Magma General
Insurance Company Limited vs. Nanu Ram alias Chuhru
Ram & others reported in (2018) 18 SCC 130, the quantum of
compensation awarded by the Tribunal is meager and
inadequate and the same deserves to be enhanced by this
Court.
3. Per contra, learned counsel for the Insurance
Company, in addition to supporting the impugned judgment
and award passed by the Tribunal, submits that the quantum
of compensation is just and proper and the same does not
warrant interference by this Court in the present appeal.
4. Heard learned counsel for the appellants-claimants
and learned counsel for the Insurance Company and perused
the material on record.
5. The occurrence of the accident and the coverage of
the vehicle as per the insurance policy issued by the
Insurance Company are not in dispute and this appeal is
restricted to the quantum of compensation to be awarded in
favour of the claimants.
6. The material on record indicates that the Tribunal
committed an error in failing to consider and appreciate the
notional income of the deceased which was to be taken as
Rs.11,750/- in terms of the Lok Adalath guidelines since the
accident occurred in the year 2018. So also, the Tribunal
committed an error in not adding any amount towards future
prospects as mandatorily required in Pranay Sethis' case
supra. It is also relevant to state that despite recording a
categorical finding that the deceased was the sole bread
winner/earner of the family and that he was looking after and
was responsible for the day-today livelihood and maintenance
of his family comprising of the claimants who are his mother,
sisters and minor brother, the Tribunal committed an error in
deducting 50% towards personal expenses of the deceased
without appreciating that in the light of the decision of the
Apex Court in Magma General Insurance Company's case
supra, since the deceased was responsible for the
maintenance and day-today living of the claimants, 1/3 rd ought
to have been deducted and not 50% as wrongly held by the
Tribunal.
7. Under these circumstances, we are of the
considered opinion that the impugned judgment and award
passed by the Tribunal deserves to be modified and additional
enhanced compensation be awarded in favour of the
claimants as hereunder:
Loss of dependency:
Rs.11,750/- + Rs.4,700/- (40% towards future prospects) =
Rs.16,450/-
Rs.16,450 x 12 x 18 x 2/3 = Rs.23,68,800/-
Loss of dependency Rs.23,68,800/-
Loss of consortium Rs.1,60,000/-
Loss of estate Rs.15,000/-
Funeral expenses Rs.15,000/-
Total Rs.25,58,800/-
8. The Tribunal having awarded a sum of Rs.12,54,600/-,
the claimants would be entitled to additional enhanced
compensation of Rs.13,04,200/- which shall carry interest at 6% per
annum from the date of claim petition till realization.
9. In the result, we pass the following:
ORDER
(i) The appeal is partly allowed.
(ii) The impugned judgment and award passed in
MVC No.173/2018 by the II-Additional District and
Sessions Judge and MACT at Raichur dated
01.02.2019 is modified.
(iii) Appellants-claimants are entitled for additional
enhanced compensation of Rs.13,04,200/- which
shall carry interest at 6% per annum from the date
of claim petition till the date of payment.
Sd/-
JUDGE
Sd/-
JUDGE
swk
