Basappa S/O Laxman Byakod vs Rajesh S/O Tukaram Kshirasagar
2022 Latest Caselaw 5564 Kant

Citation : 2022 Latest Caselaw 5564 Kant
Judgement Date : 28 March, 2022

Karnataka High Court

Basappa S/O Laxman Byakod vs Rajesh S/O Tukaram Kshirasagar 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


                             M.F.A. NO. 102353 OF 2019 (MV-D)

                   BETWEEN:

                   1.   BASAPPA S/O., LAXMAN BYAKOD,
                        AGE.45 YEARS, OCC. AGRICULTURE,
                        R/O KESARGOPPA, TQ. MUDHOL,
                        DIST. BAGALKOT.

                   2.   SMT. MALLAVVA W/O BASAPPA BYAKOD
                        AGE.40 YEARS, OCC. HOUSE WIFE,
                        R/O KESARGOPPA, TQ. MUDHOL,
                        DIST. BAGALKOT.

                   3.   KUMARI RAJESHWARI D/O BASAPPA BYAKOD
                        AGE.21 YEARS, OCC. STUDENT,
                        R/O KESARGOPPA, TQ. MUDHOL,
                        DIST. BAGALKOT.

                   4.   KUMARI. MAHESHWARI D/O BASAPPA BYAKOD
                        AGE.20 YEARS, OCC. STUDENT,
                        R/O KESARGOPPA, TQ. MUDHOL,
                        DIST. BAGALKOT.

                   5.   KUMARI DANESHWARI D/O BASAPPA BYAKOD
J                       AGE 17 YEARS, OCC. STUDENT,
MAMATHA
                        R/O KESARGOPPA, TQ. MUDHOL,
Digitally signed
by J MAMATHA
                        DIST. BAGALKOT,
Location:
Dharwad
Date: 2022.03.31
11:46:00 +0530     6.   KUMARI LAXMI D/O. BASAPPA BYAKOD,
                        AGE.17 YEARS, OCC. STUDENT,
                        R/O KESARGOPPA, TQ. MUDHOL,
                        DIST. BAGALKOT, PIN 587 313
                             2




                                       MFA No. 102353 of 2019




     APPELLANT NOS.5 AND 6 ARE MINORS,
     REPRESENTED BY HIS
     MOTHER/NATURAL GUARDIAN APPELLANT NO.2)
                                         ...APPELLANTS
      (BY SRI N.L. BATAKURKI, ADVOCATE)

AND:

1.   RAJESH S/O.TUKARAM KSHIRASAGAR,
     AGE.26 YEARS, OCC. BUSINESS,
     R/O KANNAL, TQ AND DIST. VIJAYAPUR,
     PIN 586 223.

2.   THE MANAGER LEGAL,
     IFCO-TOKIO GENERAL INSURANCE CO.LTD.,
     #CUSTOMER SERVICE CENTER,
     SHRI SHANTI TOWERS, 5TH FLOOR,
     3RD MAIN, 141 EAST OF NGEF LAYOUT,
     KASTURI NAGAR, BENGALURU-560043.
                                        ...RESPONDENTS

(BY SRI R.R.MANE, ADVOCATE FOR RESPONDENT NO.2)
(SERVICE OF NOTICE TO RESPONDENT NO.1-DISPENSED
WITH)


       THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 AND PRAYED TO MODIFY THE IMPUGNED
JUDGMENT AND AWARD PASSED IN MVC.NO.470/2017 ON THE
FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND MACT
IX, MUDHOL DATED 18.02.2019 AND TO ENHANCE THE
AMOUNT     OF   COMPENSATION    FROM     RS.17,12,872/-   TO
RS.27,12,872/- BY ALLOWING THIS APPEAL WITH COSTS.


       THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                         3




                                                    MFA No. 102353 of 2019



                              JUDGMENT

Being dissatisfied with the compensation of

Rs.17,12,872/- this appeal is preferred by the claimants.

2. An accident occurred between the motorcycle

and Truck, in which, the rider of the motorcycle and the

pillion rider both suffered injuries and ultimately

succumbed to the same.

3. The deceased Sri Shrishail Byakod was aged

about 32 years and his parents and siblings filed a claim

petition.

4. The Tribunal in order to determine the

compensation as assessed the monthly income of Shrishail

Byakod at Rs.8,000/- since there was no documentary

evidence. In such a situation, it would be prudent to adopt

the monthly income as determined by the Karnataka State

Legal Services Authority which would be Rs.10,250/- per

month. To this sum future prospects of 40% is required to

be added, (Rs.10,250/- + Rs.4,100/-) which result in the

income to be at Rs.14,350/- per month.

MFA No. 102353 of 2019

5. Though the deceased was a bachelor, having

regard to the fact that he had two parents and four sisters,

it would be appropriate to deduct 1/3rd instead of the

normal 50%, towards his personal expenses.

Consequently, his monthly income would be Rs.9,567/-.

6. As the deceased was aged 32 years, a multiplier

18 would have to be adopted. Thus, the claimants would

be entitled to (Rs.9,567/- X 12 X 18) Rs.20,66,472/-.

7. In addition, the claimants being the parents and

unmarried sisters of the deceased, each of the them would

be entitled to Rs.44,000/- towards loss of consortium. The

claimants would also be entitled to a sum of Rs.33,000/-

under the conventional heads. Thus, the claimants are

entitled the following sums:

For loss of dependency Rs.20,66,472/-

For loss of consortium Rs.2,64,000/-

Under the conventional Rs.33,000/-

     heads
                          Total            Rs.23,63,472/-





                                              MFA No. 102353 of 2019

8. Therefore, the claimants are in all entitled to

Rs.23,63,472/- with interest at the rate of 6% per annum

from the date of petition till deposit as against

Rs.17,12,872/- with interest at the rate of 9% per annum

from the date of petition till deposit awarded by the

Tribunal.