Smt. Minaxi W/O. Shankargouda ... vs Shiddappa S/O. Hanumantappa ...
2022 Latest Caselaw 12098 Kant

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                                                                  MFA No. 100758 of 2022


                                         IN THE HIGH COURT OF KARNATAKA

                                                  DHARWAD BENCH

                                    DATED THIS THE 23RD DAY OF SEPTEMBER, 2022

                                                         BEFORE
                                       THE HON'BLE MR JUSTICE H.P.SANDESH
                              MISCELLANEOUS FIRST APPEAL NO. 100758 OF 2022 (MV-)
                             BETWEEN:

                             1.   SMT. MINAXI W/O. SHANKARGOUDA KALLANAGOUDA
                                  AGE. 46 YEARS, OCC. HOUSE HOLD WORK,

                             2.   ARUNAKUMAR GOUDA S/O. SHANKARGOUDA
                                    KALLANAGOUDA, AGE. 46 YEARS,
                                  OCC. HOUSE HOLD WORK,

                             3.   VANISHRI D/O. SHANKARGOUDA KALLANAGOUDA
                                  AGE. 46 YEARS,
                                  OCC. HOUSE HOLD WORK,

                                  ALL ARE R/O. KANAVI,
                                  TQ AND DIST. GADAG.
                                                                  ...APPELLANTS
                             (BY SRI. CHANDRASHEKHAR M HOSAMANI,ADVOCATE)

          Digitally signed
          by J MAMATHA
                             AND:
J         Location:
MAMATHA   Dharwad
          Date: 2022.09.27
          12:34:48 +0530
                             1.   SHIDDAPPA S/O. HANUMANTAPPA TUNTONI
                                  AGE. 51 YEARS, OCC. BUSINESS,
                                  R/O. METI PLOT, NEAR HANUMAN TEMPLE,
                                  ANNIGERI - 582201,
                                  TQ. ANNIGERI,
                                  DIST. DHARWAD.

                             2.   THE MANAGER
                                  CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD,
                                  OPP. DISTRICT COURT,
                                  1 ST FLOOR, KALBURGI SQUARE, DESAI CROSS,
                                  DESHAPANDE NAGAR,
                                  HUBBALLLI 580029
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                                      MFA No. 100758 of 2022


     POLICY NO. 3311 / 00219772 / 000 / 00.
     VALID FROM, 28-02-2019 TO 27-02-2020
                                     ...RESPONDENTS
(BY SRI.NAGARAJ C.KOLLOORI, ADVOCATE FOR R2,
     NOTICE TO R1 DISPENSED WITH)

      THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED
29.11.2021 PASSED IN MVC NO.148/2020 ON THE FILE OF THE
MOTOR ACCIDENT CLAIMS TRIBUNAL, GADAG, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

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

                          JUDGMENT

Heard the learned counsel appearing for the appellant

and the learned counsel appearing for the respondents.

2. The factual matrix of the case of the claimants before the

Tribunal is that the husband of the first claimant and father of

claimants 2 and 3 sustained injuries in the accident and he

succumbed to the injuries. It is further case of the claimants

that at the time of accident, the deceased was aged about 52

years and hale and healthy doing agriculture and earning

Rs.20,000/- p.m. and maintaining his family. Due to the

untimely death of the deceased, the family has lost the bread

earner of the family. Hence, the claimants filed claim petitions

MFA No. 100758 of 2022

before the Tribunal seeking for compensation. The Tribunal

after assessing both oral and documentary evidence allowed

the claim petition awarding compensation of Rs.16,53,000/-

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.

3. It is the contention of the learned counsel for the

claimants that the Tribunal while awarding compensation has

taken income of the deceased at Rs.12,000/- p.m. though the

notional income would be Rs.13,750/- for the accidents of the

year 2022 and the Tribunal has also not awarded any future

prospects. Hence, he submits that the judgment and award of

the Tribunal calls for interference of this Court.

4. Per contra, learned counsel for the respondent/Insurance

Company would submit that the income taken by the Tribunal

is just and reasonable and does not call for interference.

5. Having heard the learned counsel for the parties and also

on perusal of the material on record, it is seen that the Tribunal

has committed an error in taking the monthly income of the

deceased at Rs.12,000/-. The accident is of the year 2022 and

MFA No. 100758 of 2022

the notional income would be Rs.13,750/-. As the deceased

was aged about 52 years at the time of the accident, 10% has

to be added towards future prospects which comes to

Rs.15,125/-. Out of the said amount, 1/3rd has to be deducted

towards the personal expenses of the deceased which comes to

Rs.10,083/- . The correct applicable multiplier for the age of

the deceased is 11. Hence, the claimants are entitled to a sum

of Rs.13,30,956/- (Rs.10,083X12X11) towards loss of

dependency.

6. The claimants are further entitled to a sum of Rs.40,000/-

each towards loss of consortium and loss of love and affection

which comes to Rs.1,20,000/-.

7. The claimants are also entitled for a sum of Rs.33,000/-

towards loss of estate and funeral expenses.

8. The claimants are also entitled for a sum of Rs.4,47,000/-

towards medical expenses awarded by the tribunal which is

based on medical evidence.

MFA No. 100758 of 2022

9. In all, the claimants are entitled to a total compensation

of Rs.19,30,956/- as against the sum of Rs.16,53,000/-

awarded by the Tribunal.

10. In view of the above discussions, I pass the following:

ORDER

i) The appeal is allowed in part,

ii) The judgment and award dated 29.11.2021 passed by the MACT, Gadag, in M.V.C.No.148/2020 stands modified.

iii) The claimants are entitled to total compensation of Rs.19,30,956/- as against the sum of Rs.16,53,000/- 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