Alka W/O Ramadas Bhorade vs Sanjay S/O Kisan Malusure
2022 Latest Caselaw 507 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 12TH DAY OF JANUARY, 2022

                           BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

       MISCELLANEOUS FIRST APPEAL No.100739/2015(MV)

BETWEEN:

1.     SMT.ALKA W/O RAMADAS BHORADE
       AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
       RESIDING OF VARVE, TQ: BHOR, DIST: PUNE.

2.     SHRI.TUSHAR S/O RAMADAS BHORADE
       AGE: 20 YEARS, OCC: STUDENT,
       RESIDING OF VARVE KHURD,
       TQ: BHOR, DIST: PUNE

3.    KUMAR GANESH TUSHAR, S/O RAMADAS BHORADE
      AGE: 12 YEARS, OCC: STUDENT,
      SINCE MINOR R/BY NATURAL GUARDIAN
      MOTHER APPELLANT NO.1
      RESIDING OF VARVE KHURD,
      TQ: BHOR, DIST: PUNE
                                            ...APPELLANTS
(BY SRI. B. M. PATIL, ADVOCATE)

AND:

1.     SANJAY S/O KISAN MALUSURE
       AGE: MAJOR, OCC: BUSINESS,
       RESIDENT OF NIGADE, TQ: BHOR,
       DIST:PUNE

2.     THE NEW INDIA ASSURANCE CO., LTD.,
       THROUGH ITS DIV. MANAGER,
       CLUB ROAD, BELAGAVI
                                                  ...RESPONDENTS
(BY SRI. M. K. SOUDAGAR, ADVOCATE FOR R2;
  R1 - NOTICED DISPENSED WITH)
                                     2




      THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOF
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED
27.12.2014 PASSED IN MVC NO.949/2014, ON THE FILE OF
PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER,
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY THE
COURT DELIVERED THE FOLLOWING:

                             JUDGMENT

The claimants who are the wife and children of

the deceased Ramadas Bhorade have preferred this

appeal challenging the judgment and award dated

27.12.2014 passed by the Presiding Officer, Fast

Track Court-I and Addl. MACT, Belagavi, in MVC

No.949/2014.

2. The parties to the appeal are referred to by

their ranking as assigned to them before the Tribunal

for the sake of convenience.

3. The brief facts of the case that would be

relevant for the purpose of disposal of this appeal

are;

The deceased Ramadas Bhorade had gone to

Belagavi in the offending lorry to sell his agricultural

produces and after unloading the same, he was

returning back to his native village in the said lorry

bearing registration No.MH-11/M-4506 and when the

lorry reached near Managutti village limits, the driver

of the lorry, who was driving the lorry in a rash and

negligent manner, lost control of the same and

dashed against another vehicle bearing registration

No.KA-06/387 which was parked by the side of the

road and as a result, in the said accident six deaths

had taken place. The deceased Ramadas Bhorade

was one of the deceased in the said accident.

The claimants being the wife and children of the

deceased Ramadas Bhorade had filed a claim petition

under Section 166 of the Motor Vehicles Act claiming

compensation towards the death of the deceased

Ramadas Borade in the road traffic accident that had

taken place on 04.04.2009. The Tribunal has

awarded a compensation of `9,63,000/- with interest

at 6% per annum from the date of petition till

realization. The owner of the offending Lorry was

saddled with the liability to pay the compensation

amount and the Insurer was absolved of their

liability. Being aggrieved by the quantum of

compensation as well as against the order of saddling

the liability on the owner of the vehicle, the

claimants have preferred this appeal.

4. Learned counsel for the appellants/

claimants submits that the connected five appeals

filed by other claimants in MFA Nos.100737/2015,

100738/2015, 100740/2015, 100741/2015 and

100742/2015, arising out of the very same accident

have been disposed of by the Co-ordinate Bench of

this Court vide judgment and award dated

22.03.2021 and in the said case, it has been held

that the Insurer of the offending lorry is liable to pay

the compensation amount.

5. The submission made by the advocate for

the claimants is not disputed by the advocate

appearing for the Insurer. Therefore the liability to

pay the compensation amount even in this case is

saddled on the Insurer of the offending Lorry bearing

registration No.MH-11/M-4506.

6. Insofar as the quantum of compensation is

concerned, the deceased was aged about 35 years at

the time of accident. The accident is of the year

2009. The Tribunal has taken the income of the

deceased at `6,000/- per month. Even in the

connected appeals, the Co-ordinate Bench of this

Court has considered the income of the deceased at

`6,000/- per month. Therefore even in the present

case, the income of the deceased is taken at `6,000/-

per month. Having regard to the age of the

deceased, 40% of the said income is required to be

taken into consideration towards his future

prospects. The proper multiplier applicable in the

case would be 16. 1/3 r d of the income of the

deceased is required to be deducted towards his

personal expenses. The net income of the deceased

to be taken into consideration for the purpose of

calculation of loss of dependency would be Rs.5600/-

[(6000+2400)-2800(1/3 of 8400)]. Therefore

towards 'loss of dependency' the claimants are

entitled for a compensation of ` 10,75,200/-

(5600x12x16). Towards 'loss of consortium' to the

wife and towards loss of filial love to the children,

they are entitled for a sum of `40,000/- each.

Towards 'funeral expenses and other miscellaneous

expenses', the claimants are together entitled for a

sum of `30,000/-. Therefore, under the conventional

heads, the claimants are entitled for a sum of

` 1,50,000/-. The claimants therefore are entitled for

a total compensation of ` 12,25,200/- as against the

compensation of Rs.9,63,000/- awarded by the

Tribunal. Accordingly I pass the following:

ORDER

The Miscellaneous First Appeal is allowed in

part.

The appellants/claimants are entitled for an

enhanced compensation of ` 2,62,200/- in addition

to the compensation awarded by the Tribunal.

The enhanced amount of compensation shall also

carry interest at 6% per annum. It is made clear that

the claimants would not be entitled for the interest

for a period of 1936 days, having regard to the order

passed by this court in this appeal on 16.12.2021.

Since the liability is not disputed, the Insurer of

the offending Lorry is directed to deposit the

compensation amount with interest before the

Tribunal within a period of six weeks from the date of

receipt of certified copy of this order. The order

passed by the Tribunal insofar as it relates to

apportionment, disbursement and deposit shall be

applicable even in respect of the enhanced

compensation amount.

Sd/-

JUDGE

gab