Karnataka High Court
The Divisional Manager vs Smt.Savitri on 7 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7 T H DAY OF MARCH, 2022
BEFORE
THE HON 'BLE MR.JUSTICE N .S.SANJAY GOWDA
M.F.A.No.102678/2016
C/W
M.F.A.Crob.100051/2017 (MV)
IN M.F.A.No.102678/2016
BETWEEN:
THE DIVISIONAL MANAGER,
SHRIRAM GENERAL INSURANCE CO., LTD.,
INDUSTRIAL AREA,
SITAPUR JAIPUR, RAJASTAN,
NOW AT NO.5/4, 3RD FLOOR,
S.V. ARCADE, BELEKAHALLI MAIN ROAD,
OFF. BENNURUGHATTA ROAD,
IIMB POST, BENGALURU. REPTD BY
AUTHORIZED SIGNATORY. ... APPELLANT
(BY SHRI NAGARAJ C.KOLLOORI, ADV.)
AND:
1. SMT.SAVITRI W/O ASHOK VALI,
AGE: 26 YEARS, OCC: HOUSEHOLD WORK,
2. KUMAR PRAJWAL S/O ASHOK VALI,
AGE: 4 YEARS, OCC: NIL,
R/O: MARKET ROAD, BAMMIGATTI,
TQ: KALAGHATAGI, DIST: DHARWAD.
SINCE MINOR REPRESENTED BY
HIS NATURAL GUARDIAN
RESP NO.1. SMT.SAVITRI W/O ASHOK VALI)
:2:
3. HAJI S/O IMAMSAB,
AGE: MAJOR, OCC: BUSINESS,
R/O: H.NO.12/8/8, CIYATALAB,
RAICHUR, TQ and DIST: RAICHUR. ... RESPONDENTS
(BY SHRI SANTOSH B.MANE, ADV. FOR R1 AND R2,
R3 SERVED AND UNREPRESENTED)
THIS APPEAL IS FILED UNDER SECTION 173 (1) OF
M.V.ACT, AGAINST THE JUDGMENT AND AWARD DATED
26.02.2016 PASSED IN MVC No.186/2014 ON THE FILE OF THE
III ADDL. SENIOR CIVIL JUDGE AND MEMBER ADDL. MOTOR
ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, AWARDING THE
COMPENSATION OF RS.13,02,000/- WITH INEREST AT THE
RATE OF 8% P.A. FROM THE DAE OF THE PETITION TILL
REALISATION FROM THE RESPONDENT No.2.
IN MFA.CROB.100051/2017
BETWEEN
1. SMT.SAVITRI W/O ASHOK VALI,
AGED ABOUT 27 YEARS,
OCC: HOUSEHOLD WORK,
2. KUMAR PRAJWAL S/O ASHOK VALI
AGED ABOUT 5 YEARS,
(MINOR REPRESENTED BY HIS
NATURAL GUARDIAN
CROSS OBJECTOR NO.1 MOTHER)
ALL ARE R/O: MARKET ROAD,
BAMMIGATTI, TQ: KALAGHATAGI,
DIST: DHARWAD. ... CROSS OBJECTORS
(BY SHRI SANTOSH B MANE, ADV.)
AND
1. HAJI IMAMSAB,
OCC: BUSINESS,
R/O: H.NO.12/8/8,
CIYATALABA, RAICHUR,
TQ and DIST: RAICHUR.
:3:
2. THE DIVISIONAL MANAGER,
SRIRAM GENERAL INSURANCE CO. LTD.,
E-8 RIKO INDUSTRIAL AREA SITAPUR,
JAIPUR, RAJASTAN-302022. ... RESPONDENTS
(BY SHRI NAGARAJ C.KOLLOORI, ADV. FOR R2,
R1-NOTICE DISPENSED WITH)
THIS CROSS OBJECTION IN M.F.A.No.102678/2016
FILED UNDER ORDER 41 RULE 22 OF CPC, AGAINST THE
JUDGMENT AND AWARD 26.02.2016 PASSED IN MVC
No.186/2014 ON THE FILE OF THE III ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDITONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THE APPEAL AND MFA CROB. COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
M.F.A.No.102678/2016 is preferred by the Insurance
Company challenging the award of Rs.13,02,000/- for the
death of Ashok Vali in favour of his wife, minor son and
mother.
2. M.F.A.Crob.100051/2017 is preferred by the
legal heirs of the deceased Ashok Vali seeking for
enhancement of compensation.
3. The fact that the accident occurred and Ashok
Vali passed away in the said accident is not in dispute.
The fact that the offending vehicle was insured is also not
in dispute.
4. The Tribunal has taken the monthly income of
Ashok Vali at Rs.6,000/- p.m., since there was no
documentary evidence to establish his actual monthly
income. In view of the fact that there was no
documentary evidence available, it would be appropriate
to adopt the monthly income determined by the Karnataka
State Legal Services Authority, for the accidents of the
year 2020, which is Rs.7,000/-.
5. The deceased being 35 years, 40% of the
monthly income would have to be adopted as future
prospects. Consequently, the monthly income would be
Rs.9,800/-.
6. Out of the said sum of Rs.9,800/-, 1/3rd would
have to be deducted towards personal expenses of the
deceased and by applying multiplier of 16, the claimant
would be entitled to a sum of Rs.12,54,336/-.
7. The claimants being the wife, minor son and
mother would be entitled to a sum of Rs.44,000/- each
towards loss of consortium, Rs.16,500/- towards loss of
estate and Rs.16,500/- towards funeral expenses.
8. Hence, the claimants are entitled to the
modified award which reads as under:
Sl. Heads Modified Award
No.
1 Towards loss of income
(Rs.7,000+40%=Rs.9,800 less Rs. /-12,54,336/-
1/3rd = Rs.6533)
(6533X12X16)
2 Towards loss of consortium Rs. 1,32,000/-
(Rs.44,000X3)
3 Towards loss of estate Rs. 16,500/-
4 Towards funeral expenses Rs. 16,500 /-
Total Rs. 14,19,336 /-
9. Thus, the claimants are entitled for total
compensation of Rs.14,19,336/- as against the sum of
Rs.13,02,000/- awarded by the Tribunal.
10. In view of the above, I pass the following:
ORDER
(i) M.F.A.No.102678/2016 filed by the
Insurance Company is dismissed,
(ii) M.F.A.Crob.100051/2017 filed by
the claimants is allowed in part,
(iii) The Judgment and Award dated
26.02.2016 passed in MVC
No.186/2014, on the file of the III
Addl. Senior Civil Judge and Addl.
MACT, Hubballi, is hereby modified.
The claimants are entitled to a total
compensation of Rs.14,19,336
instead of Rs.13,02,000/- awarded
by the Tribunal. The enhanced
compensation of Rs.1,17,336/-
shall carry interest @ 6% p.a. from
the date of claim petition till the
date of deposit,
(iv) The Insurance Company is directed
to deposit the enhanced
compensation after deducting the
compensation already paid along
with interest before the Tribunal
within a period of 90 days from the
date of receipt of certified copy of
this judgment,
(v) The amount awarded shall be
disbursed in the same terms as
that imposed by the Tribunal.
(vi) The amount in deposit be
transmitted to the Tribunal for
disbursement in accordance with
law.
(Sd/-)
JUDGE
Jm/-
