Karnataka High Court
Rosanabi Mehaboobsaheb @ ... vs Noorahammad Ibrahimasab Sanni on 14 January, 2022
Bench: S G Pandit, Anant Ramanath Hegde
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF JANUARY 2022
PRESENT
THE HON'BLE MR. JUSTICE S.G. PANDIT
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A. No. 101968/2018 (MV)
BETWEEN:
ROSANABI MEHABOOBSAHEB @
MAHIBUDASAB AVATI @ AVUTI
AGE:29 YEARS, OCC:HOUSEHOLD
R/O. KERUR, TAL:MADAMI
DIST:BAGALKOT-587206
NOW AT ANNIGERI, TAL:NAVALGUND
DIST:DHARWAD-582201.
...APPELLANT
(BY SRI. VITTAL.S.TELI, ADVOCATE)
AND:
1. NOORAHAMMAD IBRAHIMASAB SANNI
AGE:40 YEARS, OCC:OWNER OF VEHICLE
R/O. POLICE QUARTERS, KERUR
TAL:BADAMI, DIST:BAGALKOT-587206.
2. THE MANAGER
ORIENTAL INSURANCE CO.LTD.,
OPP KITTAL COLLEGE, NEAR JUBLY CIRCLE
DHARWAD-580001.
...RESPONDENTS
(BY SRI. N.R.KUPPELUR, ADVOCATE FOR R2,
NOTICE TO R1 IS DISPENSED WITH)
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF M.V. ACT, 1988 AGAINST THE JUDGMENT AND
AWARD DATED 05.08.2017 PASSED IN MVC NO.1169/2014 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, NAVALGUND, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, ANANT RAMANATH HEGDE J.,
DELIVERED THE FOLLOWING:
JUDGMENT
Though the appeal is listed for admission, with consent of
both sides, appeal is taken up for final disposal.
2. One Mehaboobsaheb @ Mahaibusasab Avati @ Avuti
was traveling in a lorry bearing Reg.No.KA.29/9955. The lorry
met with an accident. The deceased fell from the lorry and on
the way to the hospital, said Mehaboobsaheb @ Mahaibusasab
Avati @ Avuti succumbed to the injuries. The wife of deceased
Mehaboobsaheb filed claim petition seeking compensation in
M.V.C.No.1169/2014, on the file of Senior Civil Judge and
Additional M.A.C.T., Navalgund. The petition was contested by
the insurer. The owner of the said lorry remained exparte. The
insurer admitted coverage and after considering the materials on
record, the Tribunal has awarded a compensation of
Rs.6,62,000/- along with interest at the rate of 6% per annum
as against claim of Rs.20,00,000/-. The tribunal has awarded
compensation under the following heads.
Loss of dependency ` 6,12,000/-
Loss of consortium ` 20,000/-
Loss of love and affection ` 20,000/-
For funeral expenses ` 10,000/-
Total ` 6,62,000/-
3. Being not satisfied with the quantum of
compensation awarded by the Tribunal, the claimant is before
this Court.
4. Heard learned counsel for the parties.
5. Learned counsel for the appellant would submit that
the compensation awarded by the Tribunal is on lower side. In
support of his contention, he would submit that the deceased
claimed to be cleaner-cum-driver. However, he would fairly
submit that there is no evidence to show that he was driver as
on the date of accident. However, he would urge that the
Tribunal has taken the income of the deceased at Rs.6,000/- per
month. In the absence of any proof relating to the income, in
terms of chart prepared by the Karnataka Legal Services
Authority, the income of the deceased ought to have been taken
at Rs.7,500/- per month, considering the fact that the accident
took place in the year 2014. Learned counsel would further
submit that the Tribunal has not awarded the compensation
towards future prospects. It is his further contention that the
Tribunal has committed an error in deducting 50% towards
personal expenditure of the deceased, while calculating the
dependency. Learned counsel for the appellant would place
reliance on the judgment of the Hon'ble Apex Court reported in
Sarla Verma and Others vs. Delhi Transport Corporation
and Another1 and would urge that 1/3rd should have been
deducted from the income of the deceased.
6. Learned counsel for the respondent-Insurance
company would defend the compensation awarded by the
Tribunal.
7. We have considered the materials placed on record.
There is no dispute over the fact that the deceased was aged 30
years at the time of accident. In the absence of any proof
(AIR 2009 SC 3104)
relating to the actual income of the deceased, this Court placing
reliance on the chart prepared by the Karnataka Legal Services
Authority, would take income of the deceased at Rs.7,500/- per
month. Considering the age of the deceased, multiplier i.e,.
applicable to the case is 17. There is no dispute over the fact
that the deceased was married at the time of accident and
claimant is the wife of the deceased. In view of the above said
facts, the Tribunal was not justified in deducting 50% towards
the personal expenses of the deceased. The Tribunal should
have deducted only 1/3rd towards personal expenses of the
deceased as held in the case of Sarla Varma referred supra.
8. It is noticed that Tribunal has not taken into
consideration the future prospect of the deceased. Considering
the fact that the deceased was aged 30 years at the time of
accident, 40% of his income should have been added towards
future prospects.
9. It is also noticed that the Tribunal has awarded only
Rs.20,000/- towards loss of consortium and same is enhanced to
Rs.40,000/-. No compensation is awarded under the head of loss
of estate and only Rs.10,000/- is awarded towards funeral
expenses. Compensation of Rs.30,000/- is awarded under these
two heads.
10. It is noticed from the judgment and award of the
Tribunal that Rs.20,000/- is awarded under the head of loss of
love and affection. Since, this Court has enhanced compensation
on the head of consortium to Rs.40,000/- from Rs.20,000/-
awarded by the Tribunal the award of Rs.20,000/- on the head
of loss of love and affection is set-aside.
11. For reasons aforesaid, the judgment and award
dated 05.08.2017 in M.V.C.No.1169/2014 passed by learned
Senior Civil Judge and Additional M.A.C.T., Navalgund stands
modified and the appeal is allowed in part awarding
compensation as under;
Loss of dependency `.14,28,000.00
(7,500 + 40%=10,500/-)
(10,500 X 12 months X 17 multiplier x
2/3rd = 14,28,000
Loss of consortium `.40,000.00
Towards funeral expenses and loss of `.30,000.00
estate
Total `.14,98,000.00
Accordingly, the appeal allowed in part.
The compensation of Rs.14.98,000.00 awarded shall carry
interest at the rate of 6% per annum from the date of petition till
the date of realization.
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
am
