Karnataka High Court
Kalyni S/O Channappa Kudure And ... vs Mrs. Kalapana Baruah And Anr on 29 June, 2022
Bench: Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
MFA No.200140/2019 (MV)
BETWEEN:
1. Kalyni S/o Channappa Kudure,
Age: 51 Years Occ: Agriculture,
2. Mahadevi W/o Kalyni Kudure,
Age: 46 Years, Occ: Household,
Both are R/o Mashal Village,
Tq. Afzalpur, Dist: Kalaburagi.
... Appellants
(By Smt. Sridevi J. Tuppad, Advocate)
AND:
1. Mrs. Kalapana Baruah,
Age: Major, Occ: Owner of Vehicle,
R/o 9, Vastukalasha Vanaz Corner,
Lokmanya Colony, Paud Road,
Pune-411038.
2. The New India Assurance Co. Ltd.,
Through its Manager,
2nd Floor, Dr. Rajashekar Patil Building,
P.B.No.12, Sangameshwar Cross,
S.B.Temple Road, Kalaburagi-585103.
... Respondents
(By Sri. S.S.Aspalli, Advocate for R2;
Notice to R1 is dispensed with)
2
This Miscellaneous First Appeal is filed under Section
173(1) of the Motor Vehicles Act, praying to call for records
and modify the judgment and award dated 15.12.2018 and
enhance the compensation Rs.15,00,000/- as prayed by the
appellant herein in MVC No.879/2017 by the Senior Civil
Judge, JMFC & MACT at Afzalpur by allowing the appeal and
etc.
This appeal coming on for admission, this day, the Court
delivered the following:-
JUDGMENT
This appeal is filed by the appellants-petitioners
under Section 173(1) of M.V.Act, challenging the
judgment and award dated 15.12.2018 passed in MVC
No.879/2017 by the Senior Civil Judge and JMFC &
MACT, Afzalpur, seeking enhancement of compensation.
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 are that
the son of petitioners by name Chandrashekhar died in
the road traffic accident on 08.02.2013 while he was
knocked down by the vehicle bearing registration No.KA-
03/AM-9715. Hence petitioners being the parents of
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.11,48,400/- under the following
heads;
Sl.No. Heads Amount
1. Loss of future earning Rs.10,58,400/-
2. Loss of love & affection Rs.20,000/-
3. Loss of estate Rs.30,000/-
4. Transportation & funeral Rs.20,000/-
expenses
5. Filial love and affection Rs.20,000/-
(parental consortium)
Total Rs.11,48,400/-
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. There is no serious dispute regarding the
accident and liability. The deceased was aged about 22
years, which is evident from post mortem report.
8. Learned counsel for the petitioners asserted
that the deceased was earning Rs.20,000/- per month
and the tribunal has taken the notional income of
Rs.7,000/- which is on lower side. However, the tribunal
has considered these aspects and though the petitioners
have asserted that the deceased was earning Rs.20,000/-
per month, no scrap of paper is produced to substantiate
the said contention. Looking to these aspects, the
tribunal has taken the notional income @ Rs.7,000/- per
month. This is in accordance with the guidelines of the
Lok Adalath chart.
9. Apart from that, the tribunal has also awarded
40% future prospects. Further the tribunal has deducted
50% in view of the deceased being bachelor by applying
multiplier 18 and has come to the conclusion that under
the head of loss of future earning, the petitioners are
entitled for Rs.10,58,400/-, which does not call for any
interference as it is in accordance with the law.
10. The tribunal has awarded the compensation of
Rs.20,000/- under the head of love and affection,
Rs.30,000/- under the head of loss of estate, Rs.20,000/-
under the head of transportation and funeral expenses,
Rs.20,000/- under the head of parental consortium. But
these heads are not permissible and the petitioners are
entitled for Rs.40,000/- each under the head of parental
consortium amounting to Rs.80,000/- and Rs.15,000/-
each under the head loss of estate and funeral expenses.
Hence,
11. Thus, the petitioners are entitled for total
compensation of Rs.11,68,400/- as against
Rs.11,48,400/- awarded by the tribunal under the
following heads;
Sl.No. Heads Amount
1. Loss of future earning Rs.10,58,400/-
2. Loss of estate & funeral Rs.30,000/-
expenses
3. Filial love and affection Rs.80,000/-
(parental consortium)
Total Rs.11,68,400/-
12. Considering these aspects the appeal needs to
be allowed in part. Accordingly, I proceed to pass the
following;
ORDER
(a) The appeal is allowed in part.
(b) The petitioners are held entitled for total
compensation of Rs.11,68,400/- as against
Rs.11,48,400/- awarded by the tribunal.
(c) The enhanced compensation shall carry interest
@ 6% p.a. from the date of petition till
realization.
(d) The respondent No.2-Insurance Company is
directed to deposit the enhanced compensation
with accrued interest thereon within six weeks
from today.
(e) The apportionment, deposit and disbursement is
as per the order of the tribunal.
Sd/-
JUDGE
msr
