Smt.Rudravva W/O Shankrappa ... vs Sri.Gopal Krishna S/O Rambilas ...
2022 Latest Caselaw 11162 Kant

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                                     MFA No. 101104 of 2020



         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH
       DATED THIS THE 27TH DAY OF JULY, 2022
                       PRESENT
         THE HON'BLE MR JUSTICE S G PANDIT
                          AND
       THE HON'BLE MR JUSTICE RAVI V.HOSMANI
 MISC. FIRST APPEAL NO. 101104 OF 2020 (MV-D)
BETWEEN:

1.   SMT. RUDRAVVA W/O SHANKRAPPA SALAGATTI,
     AGED ABOUT: 49 YEARS, OCC: HOUSEWIFE
     R/O MANGUNDI, TALUK AND DIST: DHARWAD.

2.  SRI. SHANKRAPPA S/O BASAVANTAPPA SALAGATTI,
    AGED ABOUT: 54 YEARS, OCC: COOLIE
    R/O MANGUNDI, TALUK AND DIST: DHARWAD
                                         ...APPELLANTS
(BY SRI. T.M.NADAF, ADVOCATE)

AND:

1.   SRI.GOPAL KRISHNA S/O RAMBILAS AGARWAL,
     AGED ABOUTL 47 YEARS, OCC: BUSINESS,
     R/O H.NO.B.31, S.NO.11, 494,
     SRI. KRISHNA RUKMINI NAGAR, JALNA,
     DISTRICT. JALNA, STATE: MAHARASTRA-431203

2.   THE DIVISIONAL MANAGER,
     UNIVERSAL SOMPO GENERAL INSURANCE CO., LTD.,
     PLOT NO.EL 94, TTC, INDUSTRIAL AREA MHAPE,
     NAVI MUMBAI, STATE: MAHJARASTRA-400701
                                          ...RESPONDENTS

(BY SRI SUBHASH J. BADDI, ADV.FOR RESP.NO.2)
(SERVICE OF NOTICE TO RESP. NO.1-DISPENSED WITH)
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                                               MFA No. 101104 of 2020



     THIS M.F.A. IS FILED U/S.173 (1) OF MOTOR VEHICLES
ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2019
PASSED IN MVC.NO.42/2018 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, DHARWAD, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
S.G.PANDIT J, DELIVERED THE FOLLOWING :

                           JUDGMENT

Though this appeal is listed for admission, it is taken

up for final disposal, with the consent of learned counsel for

both the parties.

2. Appellants-parents of the deceased are before this

Court in this appeal praying for enhancement of

compensation, not being satisfied with the compensation

awarded under judgment and award dated 30.11.2019

passed in MVC.No.42/2018 by the III Additional Senior

Civil Judge and Additional M.A.C.T., Dharwad (for short,

'the Tribunal').

3. There is no dispute with regard to the accident

that had taken place on 28.12.2017 between motorcycle

bearing registration No.KA-25/Y-3415 and car bearing

MFA No. 101104 of 2020

registration No.MH-21/V-8839 and the resultant death of

one Manjunath, son of appellants herein.

4. Heard Sri T.M.Nadaf, learned counsel for the

appellants-claimants as well as Sri. Subhash J.Baddi,

learned counsel for the respondent No.2-Insurance

Company and perused the appeal papers.

5. The only grievance of the appellants before this

Court is that the Tribunal has failed to grant future

prospects. In terms of decision of Hon'ble Apex Court in

National Insurance Company Limited vs. Pranay Sethi

and others, reported in (2017) 16 SCC 680, claimants

would be entitled to addition of 40% of the assessed

income towards future prospects. Learned counsel for

appellants submits that the deceased was working as an

Operator at M/s. L.N.Oil Company, Beluru Industrial area

and was earning a salary of Rs.10,516/-. The Tribunal has

rightly assessed the income of the deceased at

Rs.10,500/- per month, which is not in dispute.

MFA No. 101104 of 2020

6. Learned counsel for Insurance Company would

submit that the compensation awarded by the Tribunal is

just and proper, needs no interference.

7. The Hon'ble Apex Court in the case of Pranay

Sethi (supra) has held that wherever the deceased was

aged below 40 years, the claimants would be entitled for

adding 40% of the assessed income towards future

prospects. In the present case, the deceased was aged 31

years and therefore, the claimants would be entitled for

adding 40% of the assessed income towards future

prospects. The Tribunal has rightly applied multiplier of

'16' and deducted 50% towards personal expenses of the

deceased since he was a bachelor. The Tribunal granted a

sum of Rs.1,30,000/- towards consortium, loss of estate

and towards funeral expenses and obsequies, which is not

disturbed.

8. In view of the above, the claimants would be

entitled for the following modified compensation :

MFA No. 101104 of 2020

Towards loss of dependency

1. (Rs.10,500 +40% =Rs.14,700/-) Rs.14,11,200/-

(Rs.14,700 - 50% = Rs.7,350/-) (Rs.7,350 X 12 X 16= Rs.14,11,200) Towards loss of love and

2. affection, loss of estate and Rs.1,30,000/- towards funeral expenses and obsequies.

Total Rs. Rs.15,41,200/-

9. Thus, the claimants would be entitled to total

compensation of Rs.15,41,200/- as against

Rs.11,38,000/- awarded by the Tribunal.

With the above, appeal stands disposed off.

Apportionment of compensation amount,

disbursement and interest shall be made as ordered by

the Tribunal.

Draw modified award accordingly.

SD/-

JUDGE

SD/-

JUDGE CKK