Karnataka High Court

Premila W/O Baburao Ghanchakre ... vs Mushtak S/O Valimamad Badi And Anr on 15 March, 2022

Bench: K.Somashekar, Anant Ramanath Hegde

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           IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

        DATED THIS THE 15TH DAY OF MARCH 2022

                      PRESENT

       THE HON'BLE MR. JUSTICE K. SOMASHEKAR
                        AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

MISCELLANEOUS FIRST APPEAL NO.200390/2020 (MV)

BETWEEN:

01.    PREMILA W/O BABURAO GHANCHAKRE
       AGE: 50 YEARS OCC: HOUSEHOLD

02.    BEERGOND S/O BABURAO GHANCHAKRE
       AGE: 27 YEARS OCC: STUDENT

03.    VISHNUVARDHAN S/O BABURAO GHANCHAKRE
       AGE: 25 YEARS OCC: STUDENT

04.    MAHESHGOND S/O BABURAO GHANCHAKRE
       AGE: 23 YEARS OCC: STUDENT.
       ALL R/O: KUMARCHINCHOLLI VILLAGE
       TQ: HUMNABAD DIST: BIDAR-585 401.
                                      ... APPELLANTS

(BY SRI. JIDAGE KAILASH C. ADVOCATE)


AND:

01.    MUSHTAK S/O VALIMAMAMD BADI
       AGE: 52 YEARS OCC: BUSINESS
       R/O: MASHIKA TA WANKANER MORBI WANKANER
       DIST: RAJKOT GUJARAT-360001.
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02.   THE DIVISIONAL MANAGER
      NEW INDIA ASSURANCE COMPANY LIMITED
      DIVISIONAL OFFICE, SANGAMESHWAR COLONY
      NEAR N.V. COLLEGE, S.B. TEMPLE ROAD,
      KALABURAGI-585 101.

                                     ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH
(V/O DT: 09.03.2022)
BY SRI. SANJAY M. JOSHI, ADVOCATE)


      THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173 (1) OF THE M.V. ACT, PRAYING THAT

THE JUDGMENT AND AWARD DATED 14.11.2019 IN

MVC.NO.573/2018 PASSED BY THE SENIOR CIVIL JUDGE

AND MOTOR ACCIDENT CLAIMS TRIBUNAL HUMNABAD,

IN AWARDING RS.9,04,000/- WITH 6% P.A. INTEREST

FROM THE DATE OF PETITION TO THE APPELLANTS MAY

KINDLY BE MODIFIED TO RS.25,000/- ALONG WITH

INTEREST AT 12% FROM THE DATE OF PETITION TILL

REALIZATION BY ALLOWING THE APPEAL.


      THIS APPEAL COMING ON FOR ADMISSION THIS

DAY, ANANT RAMANATH HEGDE J., DELIVERED THE

FOLLOWING:
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                          JUDGMENT

This appeal is filed by the claimants in

MVC.No.573/2018 on the file of the Senior Civil Judge

and MACT at Humnabad (henceforth referred as

'Tribunal').

02. The said claim petition is filed by the

dependents of the deceased - Baburao, who died in the

motor vehicle accident which occurred on 30.06.2017.

03. The said petition is filed by the claimants

seeking compensation of `25,00,000/-, is allowed in

part, in terms of judgment and award dated 14.11.2019

awarding compensation of `9,04,000/- along with

interest at the rate of 6% per annum from the date of

petition till its realization under the following heads:-

Sl.                     Heads                        Amount
No.
01.    Loss of consortium                         `0,40,000/-
02.    Loss of love and affection                 `0,30,000/-
03.    Funeral and Transportation                 `0,15,000/-
       expenses
04.    Loss of Dependency                         `0,15,000/-
       Total                                      `9,04,000/-

04. The Tribunal has fastened the liability on the

insurance company upholding that the respondent

No.1's vehicle is duly insured with respondent No.2 -

insurance company as on the date of accident.

05. The claimants have filed this instant appeal

on the ground that the compensation awarded by the

Tribunal is on lower side.

06. During the course of hearing, it is brought to

the notice of this Court that the Coordinate Bench of

this Court in MFA.No.200389/2020 which is decided on

16.04.2021 has enhanced the compensation by

`7,85,004/- with interest at the rate of 6% p.a. from the

date of claim petition till the date of realization.

07. It is borne out from the records that the

deceased was aged about 50 years at the time of

accident. Under the circumstance, the ratio laid down

by the Hon'ble Supreme Court in the case of Sarla

Verma vs. Delhi Transport Corporation reported in

(2009) 6 SCC 121, the appropriate multiplier would be

13.

08. It is also borne out from the records that no

document is produced to prove the income of the

deceased. Under the circumstance, this Court has to

consider the income of the deceased on the basis of

Chart prepared by the Karnataka State Legal Services

Authority. In terms of the chart prepared for the

accident which has taken place in the year 2017, the

notional income is fixed at `10,250/-. ,

09. Since, the deceased was aged about 50 years

at the time of accident, 25% future prospect is to be

added to the income of the deceased in terms of ratio

laid down by the Hon'ble Supreme Court in the case of

National Insurance Company Limited vs. Pranay

Sethi reported in (2017) 16 SCC 680. Thus, the

income of the deceased per month would be `12,812/-.

10. Since, the deceased was survived by his wife

and three children, 1/4TH of the income of the deceased

is to be deducted towards personal expenses. Thus, the

loss of dependency would be at `12,812/- x 12 x 13

minus 1/4th = `14,99,004/-. Thus, the loss of

dependency would be at `14,99,004/-.

11. It is also noticed from the impugned

judgment that the compensation awarded under the

head of consortium is on lower side and the same is to

be enhanced as per the ratio laid down by the Hon'ble

Supreme Court in the case of Magma General

Insurance Company Limited vs. Nanu Ram Alias

Chuhru Ram and others reported in (2018) 18 SCC

130. Under the circumstance, the compensation under

the head of loss of consortium is at `1,60,000/- at the

rate of `40,000/- each of the claimants is to be

awarded.

12. The Tribunal has awarded a sum of

`30,000/- towards loss of love and affection. In view of

the award of consortium, no compensation can be

granted under the separate head of love and affection,

as held by the Hon'ble Supreme Court in the case of

The New India Assurance Company Limited vs. Smt.

Somwati and others, reported in 2020 (9) SCC 644.

13. The compensation awarded by the Tribunal

towards loss of transportation of dead body and funeral

expenses and it is as per principle laid down in Pranay

Sethi's case (supra).

14. The Tribunal has not awarded compensation

under the head of loss of estate. Hence, a sum of

`15,000/- is to be awarded under the same head.

15. Thus, in view of the above, the comparative

table of compensation awarded by the Tribunal and by

this Court is under:-

Sl. Heads of Compensation Compensation Enhanced No Account awarded by the awarded by this compensation Tribunal Court 01 Loss of consortium `0,40,000/- `01,60,000/- `1,20,000/- 02 Loss of love and affection `0,30,000/- `00,00,000/- `0,30,000/- (minus) 03 Funeral and Transportation `00,15,000/- `0,00,000/- `0,15,000/- expenses 04 Loss of Dependency `8,19,000/- `14,99,004/- `6,80,004/- 05 Towards Loss of Estate `0,00,000/- `00,15,000/- `0,15,000/- Total `.9,04,000/- `16,89,004/- `.7,85,004/-

16. Accordingly, we pass the following;

ORDER

i. The appeal is partly allowed.

ii. The judgment and award passed by the Tribunal

in MVC.No.573/2018 dated 14.11.2019 is hereby

modified.

iii. The appellants - claimants are entitled to

enhanced compensation of `7,85,004/- (Rupees

Seven Lakhs Eighty Five Thousand and four only) with

interest @ 6% p.a. from the date of claim petition

till the date of realization.

iv. The Insurance Company is directed to deposit the