Karnataka High Court
Smt. Bhagirathi W/O Sonu Joshi vs General Manager on 21 July, 2022
Bench: P.Krishna Bhat
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MFA No. 22705 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO. 22705 OF 2010 (MV-I)
BETWEEN:
1. SMT. BHAGIRATHI W/O SONU JOSHI,
AGE: 61 YEARS, OCC: HOUSEHOLD,
R/O MABHALE, TAL. SANGAMESHWAR
C/O. TAVANAPPA BHARAMANNA TIGADOLLI,
BASTI GALLI, MACHHE,
TAL. BELGAUM, DIST. BELGAUM
2. KUM. HRISHIKESH SHANTARAM JOSHI
AGE: MINOR, OCC: STUDENT,
SINCE MINOR REP. BY NATURAL GRANDMOTHER
M/G SMT. BHAGIRATHI W/O SONU JOSHI
R/O MABHALE, TAL. SANGAMESHWAR
C/O. TAVANAPPA BHARAMANNA TIGADOLLI
BASTI GALLI, MACHHE, TAL. BELGAUM.
...APPELLANT
(BY SRI. V VISHWANATH BADIGER, ADVOCATE)
Digitally signed
by JAGADISH T AND:
R
Location: HIGH
COURT OF 1. GENERAL MANAGER
KARNATAKA,
DHARWAD M.S.R.T.C.,
DR. ANAND RAO NAIR MARG,
OPP. CENTRAL RAILWAY STATION,
BAIKULA, MUMBAI-400008
2. MR. GURUNATH RAJARAM PRABHU ZANTYE
AGE: MAJOR, OCC: BUSINESS,
R/O AJAGAON, TAL. SAWANTWADI
DIST. SINDHUDURGA
(OWNER OF MARUTI OMINI VAN NO. MH-07/B-0367)
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MFA No. 22705 of 2010
3. DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
KIRLOSKAR ROAD, SHANBAG CHAMBERS,
IV FLOOR, BELGAUM
(INSURER OF MARUTI VAN MH-07/B-0367)
...RESPONDENTS
(BY SRI. C V ANGADI, ADV., FOR R1;
SRI. K. L. PATIL, ADV., FOR R3;
R2- NOTICE SERVED;)
THIS MFA IS FILED U/SEC.173(1) OF THE MOTOR VEHICLE
ACT 1988, AGAINST THE JUDGMENT AND AWARD
DATED:16.01.2008, IN MVC NO.2107/2002 PASSED BY THE III
ADDL. CIVIL JUDGE (SR.DN.) & ADDL. MACT, BELGAUM AT
BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY.
THE COURT DELIVERED THE FOLLOWING.
JUDGMENT
This appeal is at the instance of the of the claimant
seeking enhancement of compensation awarded by the
Judgment and Award dated 16.01.2008 in MVC
No.2107/2002 passed by the learned III-Additional Civil
Judge (Sr.Dn) and Additional M.A.C.T., Belgaum (for short
'the Tribunal').
MFA No. 22705 of 2010
2. Brief facts are that deceased-Yojana was
proceeding in a car bearing registration No.MH-07/B-0376
and on account of the rash and negligent driving of the
offending bus bearing registration No.MH-12/Q-8815, it
dashed against the car resulting in death of the deceased.
3. The claim petition was resisted by the
respondent-Transport Corporation by filing its written
statement.
4. After trail and hearing the learned counsel on
both sides and perusing the records, the learned Tribunal
allowed the claim petition in part awarding compensation of
Rs.3,61,000/- with interest thereon at 6% per annum from
the date of petition till the date of payment.
5. Learned counsel for the claimant-appellant, in
support of his appeal, strenuously contended that the
compensation awarded by the Tribunal is on the lower side
and it is required to be enhanced.
6. Learned counsel appearing for the Respondent-
Corporation vehemently submitted that the learned Tribunal
MFA No. 22705 of 2010
has passed the award after examining the records and the
award being just and reasonable, there is no merit in the
appeal and it is required to be dismissed.
7. The accident took place on 20.06.2002. One
Yojana is the deceased. Learned Tribunal has allowed the
claim petition awarding compensation of Rs.3,61,000/- with
interest thereon at 6% per annum with a further direction
that only the son of the deceased is entitled to receive the
compensation. The only question that arises is, whether the
compensation so awarded is just and reasonable and
whether there is any case made out for enhancing the
compensation so awarded?
8. Deceased was said to be aged 38 years at the
time of the accident. The appropriate multiplier applicable to
this case is '15'. Since no acceptable proof was furnished
before the learned Tribunal, regarding the actual income of
the deceased, it took the notional income at Rs.3,000/- per
month. Since the said finding is a reasonable one having
regard to the date of the death of the deceased in the year
MFA No. 22705 of 2010
2002 I affirm the same. Since the deceased was a married
person 1/3rd of her monthly income is required to be
deducted towards her personal expenses. In view of the
decision of the Constitution Bench of the Hon'ble Supreme
Court in National Insurance Company Limited v. Pranay
Sethi and others1, 40% of the established income is
required to be added towards loss of future prospects.
Accordingly, the loss of dependency to which the claimant is
entitled to is calculated as under:
Rs.3000 + Rs.1,200 (40%) = Rs.4,200
Rs.4,200 - Rs.1,400 (1/3rd) = Rs.2,800
Rs.2,800 x 12 x 15 =Rs.5,04,000/-
9. Since the deceased left behind a son, a sum of
Rs.40,000/- is required to be awarded towards loss of
parental consortium and another sum of Rs.30,000/- towards
funeral expenses and loss of estate. Accordingly, the
claimant is entitled to total compensation, which is as
follows:
(2017) 16 SCC 680
MFA No. 22705 of 2010
Head Amount
(in Rs.)
Towards loss of dependency along with Rs.5,04,000/-
future prospects
Towards loss of parental consortium Rs.40,000/-
Towards funeral expenses and loss of Rs.30,000/-
estate.
Total Rs.5,74,000/-
10. Learned Tribunal has already awarded a
compensation of Rs.3,61,000/- and hence, the claimant is
entitled to the enhanced compensation of Rs.2,13,000/-
along with interest @ 6% per annum from the date of
petition till the date of payment.
11. In view of the above, the appeal is allowed in
part.
12. The respondent-Corporation is directed to deposit
the compensation amount along with interest within a period
of six weeks from the date of receipt of certified copy of this
judgment.
MFA No. 22705 of 2010
13. In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and are disposed off accordingly.
Sd/-
JUDGE
YAN
