Smt. Davalbi W/O. Mohammadsab ... vs Mustak S/O. Umarsab Hunagund
2022 Latest Caselaw 609 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 13 T H DAY OF JANUARY, 2022

                        BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

              M.F.A. No.100899/2021 (MV)

BET WEEN

SMT .DAVALBI,
W/O MOHAMMADSAB ARAVALLI,
AGE: 46 YEARS,
OCC: HOUSEWIFE,
R/O VEERESHWAR NAGAR,
MULGU ND ROAD, GADAG,
TQ. & DIST: GADAG.
                                           ...APPELLANT
(BY SRI CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

AND

1.    MU ST AK S/O UMARSAB HUNAGU ND,
      AGE: 33 YEARS, OCC: BU SINESS,
      R/O VEERESHWAR NAGAR,
      MU LGUND ROAD, GADAG,
      DIST: GADAG- 582101.

2.    THE REG IONAL MA NAGER,
      MAGMA HDI GENERAL INSU RANCE
      COMPANY LIMITED, 40 2 N D LANE,
      CKC GARDEN, 4 T H FLOOR,
      MISSION ROAD, NEAR LALLABAGH,
      B ENGALU RU-560 001.
                                        ...RESPONDENTS

(BY SRI NAGARAJ C.KOLLOOR I, ADVOCAT E FOR R2;
 NOTICE TO R1 DISPENSED WITH)

     THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 11.11.2 020 PASS ED IN
                                      2




MVC No.1/2014 ON THE FILE OF T HE ADD ITIONAL S ENIOR
CIVIL J UDGE AND MOTOR ACCIDENT CLAIMS TRIB U NAL,
GADAG, PART LY ALLOWING T HE CLAIM PET IT ION FOR
COMPENSATION    AND    SEEKING    ENHANCEMENT      OF
COMPENSATION.

     THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:

                             JUDGMENT

The claimant being not satisfied with the

comp ensation amount awarded by the Addl.Senior Civil

Judge and M. A.C.T., Gadag (hereinafter referred to as

the 'Tribunal', for brevity) in MVC No.1/2014 vide its

judgment and award dated 11.11.2020 has preferred

this appeal seeking enhancement of compensation.

2. Though this appeal is listed for admission,

with the consent of the learned counsels appearing

for the parties, the appeal is taken up for final

disposal. The parties to this appeal are referred to by

their rankings before the Tribunal for the purpose of

convenience.

3. Brief facts of the case that would be

relevant for the purpose of disposal of this appeal

are:

On 23.07.2013 at about 3.30 p.m. when the

deceased was standing behind the offending lorry

bearing registration No.KA-26/A-2932, the driver of

the said lorry all of a sudden unloaded the sand and

the same fell on the deceased and as a result, the

deceased succumbed on the spot. The parents of the

deceased had filed a claim petition filed under

Section 166 of the Motor Vehicles Act, 1988 (for

short, the 'Act') claiming compensation of

`11,40,000/- from the respondents. The Tribunal vide

the impugned judgment and award had partly allowed

the claim petition granting compensation of

`7,44,000/- and directed the insurer of the offending

lorry to deposit the compensation amount as the

policy issued by the insurer in respect of the

offending lorry was force as on the date of the

accident.

4. Learned counsel for the claimants submits

that the compensation awarded by the Tribunal is on

the lower side. He submits that the income of the

deceased has been taken at `5,000/- per month

whereas it ought to have been taken at `7,000/- per

month. He also submits that the Tribunal has erred in

not awarding any interest on the compensation

amount to the claimants. He further submits even

under the conventional heads, the Tribunal has

awarded lesser compensation. Accordingly, he prays

to allow the appeal.

5. Per contra, learned counsel appearing for

the insurer has argued in support of the impugned

judgment and award and submits that the

compensation awarded is just and proper and needs

no interference. Accordingly, he prays to dismiss the

appeal.

6. I have carefully appreciated the arguments

addressed on both sides and also perused the

material available on record.

7. The accident in question and the fact that

the deceased died in the said accident in which the

offending lorry was involved is not in dispute. It is

also not in dispute that the offending lorry was duly

insured by the insurer as on the date of the accident.

The only question arises for consideration in this

appeal is with regard to the correctness of the

quantum of compensation awarded by the Tribunal.

8. The deceased was aged about 23 years at

the time of his death and he was a bachelor. The

Tribunal has taken notional income of the deceased

at `5,000/- per month and having regard to the

income chart maintained by the Karnataka Legal

Services Authority for the purpose of disposal of

motor accident cases in the Lok Adalath, the notional

income that ought to have been taken in respect of

the accident that had taken place in the year 2013

would be `7,000/- per month. Having regard to the

age of the deceased, 40% of the said income is

required to be taken into consideration towards loss

of his future prospects. Out of the same, ½ has to be

deducted towards the personal expenses of the

deceased. The proper multiplier application to the

case would be '17'. Therefore, towards loss of

dependency claimants should be entitled for a sum of

`9,99,600/- as against `7,14,000/- awarded by the

Tribunal. During the pendency of the claim petition,

claimant No.1 herein i.e., father of the deceased has

expired. Therefore, towards loss of consortium,

claimant No.2 is entitled for a sum of `40,000/- and

further towards loss of estate and funeral expenses,

she is entitled for a sum of `30,000/-. Therefore,

under the conventional heads, the claimant is entitled

for a sum of `70,000/-. In all, the claimant is entitled

for a sum of `10,69,600/- towards the compensation

as against `7,44,000/- awarded by the Tribunal.

Accordingly, the following:

ORDER

The Miscellaneous First Appeal is allowed in part.

The claimant is entitled for a compensation of `10,69,600/- as against the amount of `7,44,000/- awarded by the Tribunal. The entire compensation amount

awarded to the claimant shall carry interest at 6% per annum till realization.

Since the liability is not disputed by the insurer, the compensation amount is directed to be deposited by the insurer before the Tribunal with interest 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 disbursement and deposit etc., remains unaltered.

SD/-

JUDGE

CLK