Karnataka High Court
Eliyas S/O Hazaratbilal Talikoti vs Sayed Sayed Ahmed on 28 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 101580 OF 2015 (MV-D)
C/W.
MISCELLANEOUS FIRST APPEAL NO. 101756 OF 2015
IN MFA NO.101580/2015:
BETWEEN:
1. SMT. RIYAN HAZARATBILAL TALIKOTI
AGE: 40 YEARS, OCC: HOUSEWIFE,
R/O. NEHARU NAGAR, ALNAVAR,
TQ. AND DIST: DHARWAD,
NOW RESIDING AT GOULI GALLI, HALIYAL,
TQ. HALIYAL, DIST. UATTAR KANNADA.
2. ELIYAS S/O. HAZARATBILAL TALIKOTI
AGE: 22 YEARS, OCC:NIL,
R/O. NEHARU NAGAR, ALNAVAR,
TQ AND DIST: DHARWAD,
NOW RESIDING AT GOULI GALLI, HALIYAL,
TQ. HALIYAL, DIST. UATTAR KANNADA.
...APPELLANTS
(BY SRI. GIRISH S HIREMATH, ADVOCATE)
AND:
1. SAYED SAYEED AHMED
AGE: MAJOR
R/O. M/S. NAS CARRIER # 32,
OPP. 8TH CROSS, WILSON GARDEN,
HOSUR MAIN ROAD, BENGALURU.
2. HDFC ERGO GENERAL INSURANCE
CO. LTD., 32, OPP. 8TH CROSS,
WILSON GARDEN, HOSUR MAIN ROAD,
BENGALURU.
-2-
MFA No. 101580 of 2015
C/W MFA No. 101756 of 2015
3. VIJAYAKUMAR JINAPPA DESHINGE
AGE: MAJOR
AT POST: CHOKAK, TQ: HATKANGALE
DIST: KOLHAPUR.
4. UNITED INDIA INSURANCE CO. LTD,
RAJASHRI SAHU SADAN
STATION ROAD,
KOLHAPUR-416001.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R4;
BY SRI. S. K. KAYAKMATH, ADV. FOR R2;
R1 AND 3-SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF M V. ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 11.11.2014,
PASSED IN M.V.C. NO.44/2013, ON THE FILE OF THE MEMBER,
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, YELLAPUR,
SITTING AT HALIYA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.101756/2015:
BETWEEN:
ELIYAS S/O. HAZARATBILAL TALIKOTI
AGE: 22 YEARS, OCC:NIL,
R/O. NEHARU NAGAR, ALNAVAR,
TQ AND DIST: DHARWAD,
NOW RESIDING AT GOULI GALLI, HALIYAL,
TQ. HALIYAL, DIST. UATTAR KANNADA.
...APPELLANT
(BY SRI. GIRISH S HIREMATH, ADVOCATE)
-3-
MFA No. 101580 of 2015
C/W MFA No. 101756 of 2015
AND:
1. SAYED SAYEED AHMED
AGE: MAJOR
R/O. M/S. NAS CARRIER # 32,
OPP. 8TH CROSS, WILSON GARDEN,
HOSUR MAIN ROAD, BENGALURU.
2. HDFC ERGO GENERAL INSURANCE
CO. LTD., 32, OPP. 8TH CROSS,
WILSON GARDEN, HOSUR MAIN ROAD,
BENGALURU.
3. VIJAYAKUMAR JINAPPA DESHINGE
AGE: MAJOR
AT POST: CHOKAK, TQ: HATKANGALE
DIST: KOLHAPUR.
4. UNITED INDIA INSURANCE CO. LTD,
RAJASHRI SAHU SADAN
STATION ROAD,
KOLHAPUR-416001.
...RESPONDENTS
(BY SRI. S. K. KAYAKMATH, ADV. FOR R2;
SRI. N. R. KUPPELUR, ADV. FOR R4;
R1-SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF M V. ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 11.11.2014,
PASSED IN M.V.C. NO.43/2013, ON THE FILE OF THE MEMBER,
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, YELLAPUR,
SITTING AT HALIYA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS ARE COMING ON FOR ADMISSIONS, THIS
DAY, THE COURT MADE FOLLOWING;
-4-
MFA No. 101580 of 2015
C/W MFA No. 101756 of 2015
JUDGMENT
Being dissatisfied with the compensation award of
Rs. 12,70,056/-, the claimants preferred an appeal.
2. The fact that an accident occurred on
08.08.2012 in which Hazaratbilal, the driver and owner of
the truck was killed is not in dispute. It is also not in
dispute that both the truck as well as offending vehicle
was insured.
3. This is the case in which three vehicles
including the truck driven by the deceased were involved
in the accident. The Tribunal after noticing the fact that
charge sheet has been laid against all the three drivers
has held that the deceased was also a cause for the
accident to the extent of 1/3rd. It thereafter determined
the monthly income of the deceased at Rs.10,000/- and
applied the multiplier of 14 and determined that a sum of
MFA No. 101580 of 2015
C/W MFA No. 101756 of 2015
Rs.11,20,056/- was liable to be paid on account of loss of
dependency.
4. The learned counsel for the appellants
submitted that the Tribunal has committed the serious
error in not applying future prospects to the said sum. He
also submitted that the sum awarded for the other heads
were also on the lower side.
5. It is not in dispute that the deceased was aged
45 years and the deceased possessed a license to drive a
commercial vehicle. The Tribunal was justified in
determining the income of Rs.10,000/- per month and also
in applying the correct multiplier of 14.
6. It is settled law that future prospects will have
to be added to the monthly income of the deceased. In
that view of the matter, the future prospects at the rate of
25% is added to the monthly income of Rs.10,000/- and
MFA No. 101580 of 2015
C/W MFA No. 101756 of 2015
that would result in monthly income of the deceased to be
Rs.12,500/-. Out of this, 1/3rd would have to be deducted
towards his personal expenses and that would result in the
monthly income to be Rs.8,334/-.
7. Thus, the claimants would be entitled to sum of
Rs.14,00,112/- (i.e.8,334X12X14) towards loss of
dependency.
8. In addition as per the decision of the Hon'ble
Apex Court rendered in the case of National Insurance
Company Limited V. Pranay Sethi and others,
reported in (2017) 16 SCC 680, the claimants being the
mother and son would be entitled to a sum of Rs.88,000/-
towards loss of consortium and a sum of Rs.33,000/-
under the conventional heads.
9. Consequently, the claimants would be entitled
to following sum:
MFA No. 101580 of 2015
C/W MFA No. 101756 of 2015
1. Towards loss of dependency 14,00,112/-
2. Towards loss of consortium 88,000/-
Towards conventional heads 33,000/-
Total 15,21,112/-
10. Since, the Tribunal has correctly determined
that the deceased was also responsible to the extent of
1/3rd, the claimants would be entitled to 2/3rd of the above
amount i.e., Rs.10,14,075/-.
11. Thus the claimants in M.F.A. No.101580/2015
would be entitled to a sum of Rs.10,14,075/-.
12. In M.F.A. Nio,101756/2015 filed by the son of
the deceased who was working as a cleaner it is found that
he had suffered the following injuries;
" 1. Abrasion with bleeding on left thigh
anterior and medial aspect.
2. Cut and lacerated would of 2X1cm on
bridge of nose.
3. Clotted blood in both nostrils."
MFA No. 101580 of 2015
C/W MFA No. 101756 of 2015
13. The Tribunal after considering that the injuries
were simple in nature, awarded a sum of Rs.6,000/- for
each injury.
14. In my view, having regard to the nature of
injuries sustained, interest of justice would be served if
this compensation is enhanced by a further sum of
Rs.12,000/-. Thus, as against Rs.18,000/-, the claimant
would be entitled to a sum of Rs.30,000/-.
15. The award in respect to payment of interest is
also modified to 6% per annum from the date of the
petition till the date of payment. The liability to pay the
compensation by the Insurance Company shall be
determined by the Tribunal.
16. In view of the above, I pass the following:
ORDER
(i) The appeal filed in M.F.A. No.101580/2015
and the appeal filed in M.F.A.
MFA No. 101580 of 2015
C/W MFA No. 101756 of 2015
No.101756/2015 are hereby allowed in
part,
(ii) The Judgment and Award dated
11.11.2014 passed in MVC Nos.43/2014
and 44/2014, on the file of the Additional
M.A.C.T. Yellapur, sitting at Haliyal, is
hereby modified. The claimants in M.F.A.
No.101580/2015 is entitled to a total
compensation of Rs. 10,14,075/-. The
claimant in M.F.A. No.101756/2015 is
entitled to a sum of Rs.30,000/- with
interest at the rate of 6% per annum.
(iii) The Insurance Company/respondent is
directed to deposit the enhanced
compensation after deducting the
compensation already paid along with
interest before the Tribunal within a period
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C/W MFA No. 101756 of 2015
of 90 days from the date of receipt of
certified copy of this judgment,
(iv) The amount awarded shall be disbursed in
the same terms as that imposed by the
Tribunal.
Sd/-
JUDGE
SM M
