Karnataka High Court
Kashawwa W/O Gadigeppa Bhovi vs Kutubuddin S/O Husensab Aladi on 9 September, 2022
Bench: H.P.Sandesh
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MFA No. 22697 of 2012
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 22697 OF 2012 (MV-)
BETWEEN:
1. KASHAWWA W/O GADIGEPPA BHOVI
AGE: 43 YRS, OCC: HOUSEHOLD WORKR/O
GORAVANAKOLLA, TQ: SAUNDATTI,DT. BELGAUM
2. MANJUNATH S/O GADIGEPPA BHOVI
AGE: 25 YRS, OCC: STUDENT, R/O GORAVANAKOLLA,
TQ: SAUNDATTI, GORDIST: BELGAUM
3. RENUKA D/O GADIGEPPA BHOVI
AGE: 23 YRS, OCC: STUDENT, R/O GORAVANAKOLLA,
TQ: SAUNDATTI, GORDIST: BELGAUM
4 BASAVARAJ S/O GADIGEPPA BHOVI
AGE: 21 YRS, OCC: STUDENT, R/O GORAVANAKOLLA,
TQ: SAUNDATTI, GORDIST: BELGAUM
5. RUDRAWWA W/O BASALINGAPPA BHOVI
AGE: 63 YRS, OCC: HOUSEHOLD WORK, R/O
GORAVANAKOLLA, TQ: SAUNDATTI, GORDIST:
BELGAUM
6. BASALINGAPPA S/O RAMAPPA BHOVI
AGE: 68 YRS, OCC: HOUSEHOLD WORK, R/O
GORAVANAKOLLA, TQ: SAUNDATTI, GORDIST:
BELGAUM
...APPELLANTS
(BY SRI. SHAILA.BELLIKATTI, ADVOCATE)
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MFA No. 22697 of 2012
AND:
1. KUTUBUDDIN S/O HUSENSAB ALADI
AGE: 43 YRS, OCC: BUSINESS,
R/O MUNAVALLI, TQ: SAUNDATTI,DIST: BELGAUM
2. THE NEW INDIA ASSURANCE CO.LTD.,
ISSUING OFFICE, KEDAR
PALANKAR COMPLEX, IST FLOOR,
204/B STATION TOAD,
KOLHAPUR, MAHARASHTRA STATE,
THROUGH THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO.
LTD., DIVISIONAL OFFICE,
CLUB ROAD, BELGAUM.
...RESPONDENTS
(BY SMT.SHAILA BELLIKATTI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED 07.02.2011
PASSED IN MVC No.1924/2009 ON THE FILE OF THE MEMBER,
ADDL. MACT, SAUNDATTI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the appellants
and the learned counsel appearing for the respondents.
2. This appeal is filed by the claimants/appellants
against the judgment and award dated 07.02.2011 passed by
the Addl. MACT, Saundatti, in M.V.C.No.1924/2009.
MFA No. 22697 of 2012
3. The factual matrix of the case of the claimants
before the Tribunal is that on 08.12.2008 at about 7.30 p.m.,
when the deceased Gadigeppa Basalingappa Bhovi was
proceeding along with pillion rider Manjunath Yallappa Katamalli
in Hero Honda motor cycle bearing registration No.KA-27/E-
6441 from his native place Goravanakolla towards Kenganoor
village of Bailhongal taluk on acocunt of fishery avocation and
when they came on Bailhongal-Belavadi road within the village
limits of Kenganoor, a car bearing registration No.KA-24/M-625
came in a rash and negligent manner from opposite side and
lost control over the same and dashed to their motor cycle and
another mother cycle bearing registration No.KA-24/H-8679 in
which Nagappa Somalingappa Siddappanavar and Ramakrishna
Tirakappa Godashi were moving and due to this implact,
Gadigeppa Bhovi sustained fatal injuries and succumbed to the
injuries on the spot. It is further case of the claimants that at
the time of accident, deceased Gadigeppa Basalingappa Bhovi
was aged about 38 years and hale and healthy and earning
Rs.10,000/- p.m. and maintaining his family. Due to the
untimely death of Gadigeppa Basalingappa Bhovi, the family
has lost the bread earner of the family. Hence, the claimants
MFA No. 22697 of 2012
being the wife, children and parents filed claim petitions before
the Tribunal seeking for compensation.
4. In support of their claim, the wife of the deceased
got examined herself as PW-1 and got marked documents
Ex.P.1 to Ex.P.22. On the other hand, respondents did not
examine any witness but got marked the copy of the policy as
Ex.R.1. The Tribunal after assessing both oral and
documentary evidence allowed the claim petition awarding
compensation of Rs.6,12,000/- with interest at the rate of 6%
p.a. Being aggrieved by the judgment and award, the
claimants have filed the present appeal seeking for
enhancement of compensation.
5. Learned counsel appearing for the
claimants/appellants contends that the Tribunal committed an
error in taking the income of the deceased only at Rs.4,500/-
though the deceased was earning Rs.10,000/- p.a. from
agriculture and fishery and also that the Tribunal has taken the
age of the deceased between 41 to 45 years but the deceased
was aged about 38 years. He further submits that the Tribunal
committed error in deducting 1/4th towards personal expenses
MFA No. 22697 of 2012
of the deceased though there were 6 dependants but it ought
to have been 1/5th only. It is is further contention that the
amount awarded under all heads is meager and hence, the
same requires interference of this Court.
6. Learned counsel appearing for the
respondent/Insurance Company submits that the amount
awarded by the Tribunal is just and proper and does not call for
interference of this Court.
7. Having heard the learned counsel appearing for the
parties and also on perusal of the material available on record,
it is seen that the accident has taken place in the year 2008
and the Tribunal has considered the income of Rs.4,500/- but it
has not added future prospects to the same. In terms of the
chart, the notional income would be Rs.4,250/- p.m. As the
deceased was between the age group of 41 to 45, his age has
to be taken as 45 years. Taking the age of the deceased as 45
years, 25% has to be added towards future prospects which
comes to Rs.4,250+1062=Rs.5,312/- Out of the said amount,
since the dependants are 5 in number, 1/4th has to be
deducted towards personal expenses of the deceased which
MFA No. 22697 of 2012
comes to Rs.3,984/- The correct multiplier that is applicable is
14. Hence, the claimants would be entitled to a sum of
Rs.6,69,312/- (Rs.3,984X12X14) towards loss of dependency.
8. Apart from that, the claimants are also entitled for a
sum of Rs.40,000/- each towards loss of consortium and loss of
love and affection which comes to Rs.2,00,000/-.
9. The claimants are also entitled for a sum of
Rs.33,000/- towards loss of estate and funeral expenses.
10. In all, the claimants are entitled to a total
compensation of Rs.9,02,312/- as against the sum of
Rs.6,12,000/- awarded by the Tribunal.
a. In view of the above discussions, I pass the
following:
ORDER
i) The appeal is allowed in part,
ii) The judgment and award dated 07.02.2011 passed
by the Addl. MACT, Saundatti, in
M.V.C.No.1924/2009 stands modified.
MFA No. 22697 of 2012
iii) The claimants are entitled to total compensation
of Rs.9,02,312/- as against the sum
of Rs.6,12,000/- awarded by the Tribunal.
iv) The enhanced compensation shall carry interest at
the rate of 6% p.a. from the date of petition till
realization.
v) The order of the Tribunal with regard to
apportionment and release of the amount remains
unaltered.
vi) The Insurance Company is directed to pay the
difference amount within six weeks.
vii) The registry is directed to send back the TCR
forthwith.
Sd/-
JUDGE
JM
