Karnataka High Court
Mallamma W/O Late Ramesh Mashetty ... vs The President, Sri Nanak Jhira ... on 30 June, 2022
Bench: Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
MFA No.200362/2019 (MV)
BETWEEN:
1. Mallamma W/o Late Ramesh Mashetty,
Aged about 41 years, Occ: Household,
2. Swati D/o Late Ramesh Mashetty,
Aged about 19 years, Occ: Student,
3 Vaishnavi D/o Late Ramesh mashetty,
Aged about 17 years, Occ: Student,
4 Vinayak S/o Late Ramesh Mashetty,
Aged about 15 years, Occ: Student,
5 Gurnath S/o Late Ramshetty Mashetty,
Aged about 68 years, Occ: Nil,
6 Tejamma W/o Gurunath Mashetty,
Aged about 63 years, Occ: Household,
Appellants No.3 & 4 are minor
U/G of their mother appellant No.1
All are R/o Village Koutha (B),
Tq. Aurad (B), Dist. Bidar
Now residing at Hiremath Colony,
Basavakalyan, Dist. Bidar.
... Appellants
(By Sri. Sanjeevkumar C.Patil, Advocate)
2
AND:
1. The President, Sri. Nanak Jhira Saheb,
Bidar, Represented by
Balbirsingh S/o Jogashing,
Age: 53 Years,
Occ: Business and owner of
Lorry bearing No.AP-28/W-5394,
R/o LIG Colony,
Bidar-584101.
2. The Divisional Manager,
Oriental Insurance Company Ltd.,
Opp. Mini Vidhan Soudha,
Station Road,
Kalaburagi-585101.
... Respondents
(Sri. Uday P.Honguntikar, Advocate for R2;
Notice to R1 is dispensed with)
This MFA is filed under Section 173(1) of the Motor
Vehicles Act, praying to call for the record and modify the
judgment and award dated 17.02.2017 passed by the IInd
Addl. District and Sessions Court & Addl. MACT Bidar,
sitting at Basavakalyan, in MVC No.141/2016, and
enhance the compensation amount with cost.
This appeal coming on for admission this day, the
Court delivered the following:
3
JUDGMENT
This appeal is filed by the appellants-petitioners
under Section 173(1) of M.V.Act, challenging the
judgment and award dated 17.02.2017 passed in MVC
No.141/2016 by the II Addl. District and Sessions
Court & Addl. MACT, Bidar sitting at Basavakalyan.
2. For the sake of convenience, parties are
referred with the ranks occupied by them before the
Tribunal.
3. The factual matrix leading to the case is
that on 22.12.2015 at about 7.15 p.m., while
deceased Ramesh was proceeding from Bidar towards
his village Koutha-B on motorcycle bearing
registration No.KA-32/Q-407, he was hit by the
offending lorry. Hence the petitioners being the
dependants on deceased have filed the claim petition
claiming compensation.
4. After appreciating the oral and
documentary evidence, the tribunal has awarded the
total compensation of Rs.10,95,000/- under the
following heads;
Sl.No. Heads Amount
1. Loss of dependency Rs.9,45,000/-
2. Loss of consortium Rs.1,00,000/-
3. Loss of love and affection Rs.25,000/-
4. Loss due to transportation Rs.25,000/-
& funeral charges
Total Rs.10,95,000/-
5. Being aggrieved by the judgment and
award passed by the tribunal, the appellants-
petitioners have filed this appeal seeking
enhancement of compensation.
6. Heard the arguments and perused the
records.
7. The accident has occurred on 22.12.2015.
the deceased was aged about 42 years as on the date
of the accident. The tribunal has taken the notional
income of the deceased @ Rs.7,500/- per month. As
per the Lok Adalath Chart, this Court is consistently
taking the notional income of Rs.8,000/- per month
for the accident occurred in the year 2015 in the
absence of any other material. Hence, the tribunal has
taken the income of deceased on lower side. Further
the tribunal has not considered future prospects and
considering the age of the deceased, 25% future
prospects are required to be added. The tribunal has
properly applied the multiplier 14 and also deducted
1/4th considering the dependency. Hence, the loss of
dependency would work out to Rs.12,60,000/-
(Rs.10,000/- x 12 x 14 x 3/4)
8. The petitioners are the widow, minor
children and parents of the deceased. Hence, each of
them are entitled for Rs.40,000/- as per the decision
of the Hon'ble Apex Court in the case of Satinder
Kaur @ Satwinder Kaur & Ors. v. United India
Insurance Co. Ltd. reported in AIR 2020 SC 3076
and in the case of Magma General Insurance
Company Limited vs. Nanu Ram Alias Chuhru
Ram and others reported in (2018) 18 SCC 130.
9. Further, the petitioners are entitled for
Rs.15,000/- under the head of funeral expenses and
Rs.15,000/- under the head of loss of estate.
10. As such, the petitioners are entitled for
total compensation under various heads as under:
Sl.No. Heads Amount
1. Loss of dependency Rs.12,60,000/-
2. Loss of consortium Rs.2,40,000/-
3. Loss of estate & Rs.30,000/-
funeral expenses
Total Rs.15,30,000/-
Hence, the petitioners are entitled for total
compensation of Rs.15,30,000/- along with interest at
the rate of 6% p.a. as against Rs.10,95,000/-
awarded by the Tribunal.
11. Considering these facts and circumstances,
the appeal needs to be allowed in part. Accordingly, I
proceed to pass the following:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated 17.02.2017
passed in MVC No.141/2016 by the
Tribunal stands modified.
iii. The appellants/petitioners are held entitled
for total compensation of Rs.15,30,000/- as
against Rs.10,95,000/- awarded by the
Tribunal.
iv. The enhanced compensation shall carry
interest at the rate of 6% p.a. from the
date of petition till its realization.
v. Respondent No.2-insurance company is
directed to deposit the enhanced
compensation with interest accrued thereon
within six weeks from the date of this
judgment.
vi. The petitioners are not entitled for interest
for the delayed period of 609 days as per
order dated 14.03.2019.
vii. The apportionment, deposit and
disbursement shall be as per the award of
the Tribunal.
Sd/-
JUDGE
msr
