Karnataka High Court
Laxmi W/O Hulagappa Dakki vs Abdularehaman S/O Chandasaeb ... on 20 June, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
-1-
MFA No. 103070 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISC. FIRST APPEAL NO. 103070 OF 2018 (MV-D)
BETWEEN:
1. LAXMI W/O HULAGAPPA DAKKI
AGE: 28 YEARS, OCC: COOLIE WORK,
R/O: GULEDGUDD, TQ: BADAMI,
DIST: BAGALKOTE, PIN: 587203.
2. UMASHREE D/O HULAGAPPA DAKKI
AGE: 15 YEARS, OCC: STUDENT,
MINOR, REPRESENTED BY NEXT FRIEND
NATURAL MOTHER APPELLANT NO.1.
3. DEEPA D/O HULAGAPPA DAKKI
AGE: 3 YEARS,
MINOR, REPRESENTED BY NEXT FRIEND
NATURAL MOTHER APPELLANT NO.1.
4. SHANKRAWWA W/O HANAMAPPA DAKKI
AGE: 62 YEARS, OCC: COOLIE,
Digitally signed
by JAGADISH T
R/O: GULEDGUDD, TQ: BADAMI,
R DIST: BAGALKOTE, PIN: 587203.
Location: HIGH
COURT OF
KARNATAKA, ...APPELLANTS
DHARWAD
Date:
2022.06.21
10:21:21 +0530 (BY SRI. S C HIREMATH, ADVOCATE)
AND:
1. ABDULAREHAMAN S/O CHANDASAEB LAHORI
AGE: MAJOR, R/O: PO MUKIHAL,
TQ: MUDDEBIHAL,
TQ: MUDDEBIHAL, DIST: VIJAYAPURA,
-2-
MFA No. 103070 of 2018
PIN: 587313.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.,
MELLIGERI COMPLEX, BAGALKOTE.
...RESPONDENTS
(BY SRI. A.G. JADHAV, ADVOCATE FOR R2)
THISMFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED
25.05.2018 PASSED IN MVC NO.96/2016 ON THE FILE OF THE
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III,
BAGALKOT, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
P. KRISHNA BHAT J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is at the instance of the claimants
seeking enhancement of compensation awarded under
judgment and award dated 25.5.2018 passed in MVC
No.96/2016 by the learned Member, MACT-III, Bagalkot
(for short, 'MACT'). By the said judgment and award, the
claim petition was allowed in part awarding a
compensation of Rs.3,40,400/- with interest at the rate of
6% per annum from the date of petition till date of
payment.
MFA No. 103070 of 2018
2. Brief facts of the case insofar as the same are
necessary for deciding this appeal are that on 3.12.2015
at about 11.00 a.m., when the deceased Huligeppa Dakki
was riding his motorcycle bearing registration No.
KA-25/ED-4837, near Kireshyal on the way to Almatti-
Bagalkot, Cruiser vehicle bearing registration No.KA-28/N-
6783 being driven by its driver in a rash and negligent
manner and in high speed came and dashed against the
motorcycle resulting in death of the deceased on the same
day.
3. The claim petition filed by the present
appellants was resisted by both respondents by filing their
separate statement of objections.
4. During the trial, claimant No.1 examined herself
as PW1 and Exs.P1 to P8 were marked. The respondents
did not examine any witness nor marked any documents.
5. After hearing the learned counsel on both sides
and perusing the records, the learned MACT allowed the
claim petition in part as already noted above.
MFA No. 103070 of 2018
6. Learned counsel appearing for the appellants
submitted that the compensation awarded to the claimants
is on the lower side in view of the learned MACT taking
lower monthly income of the deceased at Rs.6,000/- which
should have been taken at Rs.8,000/-. He further
submitted that the learned MACT has also not taken into
consideration the loss of future prospects as mandated by
Constitution Bench of Hon'ble Apex Court in National
Insurance Company Limited vs. Pranay Sethi and
others, reported in (2017) 16 SCC 680. He therefore,
submitted that the appeal is entitled to be allowed and the
compensation is required to be enhanced.
7. Learned counsel for the respondent-Insurance
Company, per contra, contended that the learned MACT
committed an error while deducting 1/5th of the monthly
income of the deceased towards personal expenses of the
deceased and it should have been 1/4th of the same. He
submitted that the impugned judgment and award of the
learned MACT is required to be modified.
MFA No. 103070 of 2018
8. We have given our anxious consideration to the
submissions made on both sides and also perused the
appeal papers carefully.
9. There is no dispute about the fact that actual
income of the deceased has not been established before
the learned MACT by any acceptable evidence. Therefore,
notional income of the deceased is required to be fixed
with reference to the chart prepared by the Karnataka
State Legal Services Authority, according to which, for the
year 2015, notional income of the deceased is required to
be fixed at Rs.8,000/- per month. Accordingly, in the
present case also, the notional income of the deceased is
required to be taken at Rs.8,000/- per month. Learned
MACT had arrived at a finding that the deceased was aged
about 31 years and appropriate multiplier applicable is 16.
At the time of the accident, the deceased left behind a
widow, two minor children, mother and also father, who
died during pendency of the claim petition. Therefore,
1/4th of the income of the deceased is required to be
MFA No. 103070 of 2018
deducted towards personal expenses of the deceased. In
view of decision of Constitution Bench of Hon'ble Apex
Court in Pranay Sethi1 (supra), 40% of the income is
required to be added towards loss of future prospects.
Therefore, loss of dependency is required to be
recomputed as follows:
Loss of dependency:
Rs.8,000 + 40%= Rs.11,200 - 1/4th = Rs.8,400 x 12 x 16
= Rs.16,12,800/-
10. Since the deceased left behind his widow, two
minor children and parents, a sum of Rs.2,00,000/-
(Rs.40,000/- each) is required to be awarded towards
spousal, parental and filial consortium and further sum of
Rs.30,000/- is required to be awarded towards funeral
expenses and loss of estate. Thus, in all, the claimants
are entitled to be awarded a total compensation of
Rs.18,42,800/- as against Rs.3,40,400/- awarded by the
learned MACT. Accordingly, the claimants would be
(2017) 16 SCC 680
MFA No. 103070 of 2018
entitled to enhanced compensation of Rs.15,02,400/-
which shall carry interest at the rate of 6% per annum
from the date of petition till date of payment. The
respondent-Insurance Company is directed to deposit the
balance amount with accrued interest within a period of six
weeks from today before the learned MACT.
11. The appeal filed by the claimants is allowed in
part to the extent indicated above. No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
