Karnataka High Court
The Cholamandalam Mg General ... vs Smt. Dilshad W/O. Late Abdul ... on 5 July, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 05TH DAY OF JULY, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MFA NO. 103063 OF 2018 (MV-D)
C/W
MFA NO. 102391 OF 2018
IN MFA NO. 103063 OF 2018 (MV-D)
BETWEEN:
1. SMT. DILSHAD
W/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 37 YEARS,
OCC:HOUSEHOLD. R/O:PENDARI ONI,
BETAGERI, GADAG.
2. SHAHIN
D/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 17 YEARS,
OCC:STUDENT, R/O: PENDARI ONI,
BETAGERI, GADAG.
3. SIRIN
D/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 16 YEARS,
Digitally signed
by ROHAN
ROHAN HADIMANI T
HADIMANI Location:
DHARWAD
T Date:
2022.07.11
10:28:28 +0530
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
OCC:STUDENT,
R/O:PENDARI ONI,
BETAGERI, GADAG.
4. AFZAL (ABHJAL)
S/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 12 YEARS, OCC:STUDENT,
APPELLANT NO.2 TO 4 MINORS
R/BY THEIR NATURAL GUARDIAN MOTHER
SMT. DILSHAD
W/O LATE ABDUL REHAMAN MALABARI
R/O PEDARI ONI, BETAGERI, GADAG.
... APPELLANTS
(BY SRI. GIRISH S.HIREMATH, ADVOCATE)
AND:
1. SHIVANNA H., S/O HANUMANTAPPA
AGED ABOUT 53 YEARS,
OCC:DRIVER. R/O:TIPPAREDDYHALLI,
TQ:CHALLAKERI, DT:CHITRADURGA,
PIN CODE NO.577522,
(DRIVER OF TANKER BEARING
REG.NO.KA.51/D-5177).
2. P.R.BALAKRISHNA S/O P.V.RANGANNA
AGED ABOUT 46 YEARS,
OCC:TRANSPORT BUSINESS,
R/O:ADIVALA, TQ:HIRIYUR,
DT:CHITRADURGA,
PIN CODE NO.77511,
DT:CHITRADURGA PIN CODE,
NO.577522,
(OWNER OF TANKER BRARING
REG.NO.KA.51/D-5177).
3. THE CHOLAMANDALAM MS
GENERAL INSURANCE COMPANY LTD.,
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
BY ITS AUTHORIZED SIGNATORY,
FIRST FLOOR, KALBURGI SQUARE,
DESPHANDE NAGAR,
HUBLI, DIST:DHARWAD.
...RESPONDENTS
(BY SRI. SUBHASH J.BADDI, ADV. FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 19.04.2018 PASSED IN MVC NO.108/2017 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA NO. 102391 OF 2018 (MV-D)
BETWEEN:
THE CHOLAMANDALAM MS
GENERAL INSURANCE COMPANY LTD.,
BY ITS AUTHORIZED SIGNATORY,
FIRST FLOOR, KALBURGI SQUARE,
DESPHANDE NAGAR,
HUBLI, DIST:DHARWAD.
... APPELLANT
(BY SRI. SUBHAS J.BADDI, ADVOCATE)
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
AND:
1. SMT. DILSHAD
W/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 37 YEARS,
OCC:HOUSEHOLD. R/O:PENDARI ONI,
BETAGERI, GADAG-582102.
2. SHAHIN
D/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 17 YEARS,
OCC:STUDENT,
3. SIRIN
D/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 16 YEARS,
OCC:STUDENT,
4. AFZAL (ABHJAL)
S/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 12 YEARS, OCC:STUDENT,
RESPONDENT NOS.2 TO 4 MINORS
R/BY THEIR NATURAL GUARDIAN MOTHER
RESPONDENT NO.1.
5. SHIVANNA H. S/O.HANUMANTAPPA,
AGE: 53 YEARS, OCC: DRIVER,
R/O. TIPPAREDDYHALLI, TQ. CHALLAKERI,
DT: CHITRADURGA-577522.
6. P.R.BALAKRISHAN S/O. P.V.RANGANNA,
AGE: 46 YEARS, OCC. TRANSPORT BUSINESS,
R/0. ADIVALA, TQ. HIRIYUR,
DT. CHITRADURGA-577511.
...RESPONDENTS
(BY SRI. GIRISH S. HIREMATH, ADV. FOR R1;
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
R2 TO R4 ARE MINORS R/B. R1;
R5 & R6 - NOTICE DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 19.04.2018 PASSED IN MVC NO.108/2017 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, AWARDING COMPENSATION OF
Rs.12,20,000/- WITH INTEREST AT 8% P.A. FROM THE
DATE OF PETITION TILL ITS REALISATION.
THESE APPEALS COMING ON FOR ADMISSION THIS
DAY, P.KRISHNA BHAT J., DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are at the instance of the
claimants and the Insurance Company calling in
question the correctness of the judgment and award
dated 19.04.2018 in MVC No.108/2017 on the file of
learned the Additional District and Sessions Judge,
Gadag (for short, 'Tribunal').
2. Brief facts are that on 24.02.2017 at about
04:00 a.m., while deceased Abdul Rehmansab was
MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
walking on the side of Ballary-Hosapete road near
hotel of one Sri. Rudrappa, a tanker bearing
registration No.KA-51-D-5177 came in a rash and
negligent manner and in high speed and dashed
against the deceased resulting in his death.
3. On claim petition being filed, the driver
(Respondent No.1 before the Tribunal) contested
proceedings while the owner/insured remained
exparte and the Insurance Company contested the
proceedings by filing its written statement.
4. During trial, claimant No.1 examined
herself as PW1 and Exs.P1 to P14 were marked. The
respondent did not examine any witness but Policy of
Insurance was marked as Ex.R1.
5. After hearing learned counsel on both sides
and perusing the material on record, learned Tribunal
allowed the claim petition in part awarding a
MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
compensation of Rs.12,20,000/- with interest at the
rate of 8% p.a. from the date of the petition till the
realization.
6. The learned counsel appearing for the
appellants/claimants in support of their appeal submits
that the compensation awarded is on the lower side in
view of the fact that the learned Tribunal has taken
income of the deceased on a low scale and on various
other heads of compensation, learned Tribunal has
computed lower figures of award and accordingly, the
compensation awarded is required to be enhanced by
allowing the appeal filed by the claimants.
7. Learned counsel appearing for the
Insurance Company, per contra, in support of its
appeal, submitted that the learned Tribunal having
comprehensively examined the evidence has awarded
just and reasonable compensation and therefore,
MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
there is no need for interference with the same and no
case is made out for enhancement of compensation.
8. We have given our anxious consideration to
the submissions made on both sides and perused
records carefully.
9. There is no dispute about fact that the
deceased was aged 40 years at the time of his death
and therefore appropriate multiplier applicable is 15.
As per decision of Hon'ble Apex Court in National
Insurance Company Limited vs. Pranay Sethi
and others1, 25% of the income of the deceased is
required to be added towards loss of future prospects.
10. Since the actual income of the deceased
was not established by producing acceptable evidence,
the notional income for paying compensation as per
the chart prepared by the Karnataka State Legal
(2017) 16 SCC 680
MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
Services Authority is required to be adopted and that
for the year 2017, is Rs.10,250/-. Therefore, in this
case also, the notional income of the deceased has to
be taken as Rs.10,250/- per month. The deceased has
left behind a widow and three minor children.
Therefore, 1/4th of the income has to be deducted
towards personal expenses of the deceased. Thus, loss
of dependency is required to be recomputed as
follows:
Loss of dependency:
Rs.10,250 + 25% =Rs.12,813 - Rs.3,203
= Rs.9610 x 12 x 15= Rs.17,29,800
11. Since the deceased has left behind his
widow and three minor children, a sum of
Rs.1,60,000/- (Rs.40,000/- each) is required to be
awarded towards spousal and parental consortium and
further sum of Rs.30,000/- is required to be awarded
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
towards funeral expenses and loss of estate. Thus, in
all, the claimants are entitled to be awarded a total
compensation of Rs.19,19,800/- (Rupees Nineteen
Lakhs Nineteen Thousand Eight Hundred Only)
as against Rs.12,20,000/- awarded by the learned
Tribunal. The learned Tribunal has awarded interest on
the compensation amount at the rate of 8% p.a.,
which we consider as on the higher side and therefore,
by following a uniform method being adopted in all the
cases, we award interest at the rate of 6% p.a. on the
total compensation. Thus, the claimants are entitled to
interest at the rate of 6% p.a. on the entire
compensation amount.
12. Hence, the following:
ORDER
a) Both appeals are allowed in part.
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
b) In modification of the impugned award,
the claimants shall be entitled to total
compensation amount of Rs.19,19,800/-
(Rupees Nineteen Lakhs Nineteen
Thousand Eight Hundred Only) as
against Rs.12,20,000/- awarded by the
learned Tribunal.
c) The entire compensation amount shall
bear interest at the rate of 6% per annum
instead of 8% awarded by the learned
Tribunal.
d) The appellant-Insurance Company shall
deposit the differential amount to be
before the learned Tribunal within eight
weeks from today.
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C/W MFA No. 102391 of 2018
e) The amount in deposit, if any, before this
Court shall be transmitted to the learned
Tribunal along with TCR forthwith.
f) No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
RH
