Karnataka High Court
Mahadev And Anr vs Dadapeer And Anr on 30 August, 2023
Bench: Ravi V Byrvhj
-1-
NC: 2023:KHC-K:6867
MFA No. 202057 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO. 202057 OF 2018 (MV-D)
BETWEEN:
1. MAHADEV S/O BASAPPA KORALLI,
AGE: 52 YEARS, OCC: COOLIE,
2. NEELAWWA W/O MAHADEV KORALLI,
AGE: 43 YEARS, OCC: COOLIE,
BOTH ARE R/O HIREMANNUR,
TQ:AFZALAPUR, DIST: GULBARAGA,
NOW RESIDING AT KIRTI NAGAR,
VIJAYAPUR-586 101.
...APPELLANTS
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. DADAPEER S/O APPASAB ZANDE,
Digitally signed AGE:MAJOR, OCC: BUSINESS,
by SACHIN
Location: HIGH
R/O JAINAPUR, DIST: VIJAYAPUR-586 101.
COURT OF
KARNATAKA
2. THE BRANCH MANAGER,
CHALAMANDALAM
M.S.GENERAL INSURANCE CO. LTD.,
D.NO.118/17, NIRMAL BUILDING,
OPPOSITE COSMA POLITON CLUB,
DOUBLE ROAD, BALLRY-583 101.
...RESPONDENTS
(BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2;
R1 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO ENHANCE THE COMPENSATION
-2-
NC: 2023:KHC-K:6867
MFA No. 202057 of 2018
AMOUNT PAYABLE TO THE APPELLANT BY SUITABLY
MODIFYING THE JUDGMENT AND AWARD DATED 04.10.2012
PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI,
VIJAYAPUR IN MVC NO.818/2011 IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Challenging judgment and award dated 04.10.2012
passed by I Addl. Senior Civil Judge and MACT-VI, Bijapur
(for short 'tribunal') in MVC no.818/2012, this appeal is
filed.
2. Shri Sanganagouda V.Biradar, learned counsel
appearing for appellant submitted that appeal was by
claimant for enhancement of compensation. It was
submitted that since insurer had not preferred appeal
against impugned award, finding of tribunal regarding
occurrence of accident, involvement of insured vehicle due
to rash and negligent driving by its driver leading to death
of Nagesh in said accident, coverage of insurance and
liability of insurer to pay compensation are not in dispute.
NC: 2023:KHC-K:6867
MFA No. 202057 of 2018
3. It was submitted that deceased Nagesh was a
bachelor, aged 18 years, earning more than `4,500/- per
month from milk vending and agriculture. However, while
assessing compensation, tribunal considered his income
notionally at `4,500/- and even though, it added 50%
towards future prospects and erred in deducting 20%
towards income tax. It was also submitted that even
award under conventional heads was on lower side and
sought reassessment.
4. On other hand, Shri Manjunath Mallayya Shetty,
learned counsel for respondent/insurer sought to support
impugned award and oppose enhancement. It was
submitted that deceased himself has stated that he was
earning `4,500/- per month. Though deceased was
admittedly a bachelor, deduction towards 'personal
expenses' was at 1/3rd and therefore same would off-set
any possibility of enhancement. Even rate of interest at
7% was excessive, which would off-set enhancement.
sought for dismissal of appeal.
NC: 2023:KHC-K:6867
MFA No. 202057 of 2018
5. Heard learned counsel for parties. Perused
impugned judgment and award.
6. From above submission and since only
claimants are in appeal for enhancement, point that would
arise for consideration is :
"Whether claimants are entitled for enhancement
of compensation as sought for?"
7. Though claimants stated that deceased was
earning more than `4,500/- per month from milk vending
and agriculture, same is not substantiated with specific
evidence. In absence of same, it has to be assessed
notionally. Notional monthly income for year 2011 was
`6,000/-, same has to be considered. Claimants are
parents, deceased was 18 years of age, a bachelor and
self-employed, therefore, as per ratio laid down by Hon'ble
Supreme Court in case of National Insurance Company
Limited vs. Pranay Sethi and others1, claimants would
be entitled for addition of 40% towards 'future prospects',
(2017) 16 SCC 680
NC: 2023:KHC-K:6867
MFA No. 202057 of 2018
deduction towards 'personal expenses' has to be at '½'
and multiplier applicable would be '18'.
8. Deduction of income tax from award would not
be justified and is contrary to ratio laid down by Hon'ble
Supreme Court in case of Managing Director, TNSTC vs.
Chinnadurai2. Thus, loss of dependency would be :
(`6,000 + 40%) X 1/2 X 12 X 18 = `9,07,200/-.
9. Since claimants are parents, they would be
entitled to `40,000/- each towards 'loss of parental
consortium' and `15,000/- towards 'funeral expenses' as
per decision of Hon'ble Apex Court in case of Magma
General Insurance Company Limited vs. Nanu Ram
Alias Chuhru Ram and others3 and in case of United
India Insurance Co. Ltd., vs. Satinder Kaur alias
Satwinder Kaur and others4. In addition, they would be
entitled for `15,000/- towards 'funeral expenses' and
`15,000/- towards 'loss of estate'. Since three years have
2016 SCC OnLine Mad 3494
(2018) 18 SCC 130
AIR 2020 SC 3076
NC: 2023:KHC-K:6867
MFA No. 202057 of 2018
been lapsed, they would be entitled for addition of 10%
i.e., `11,000/- on award under conventional heads, thus,
they would be entitled to total compensation of
`10,28,200/-.
10. In view of ratio laid down by this Court in case
of Shriram General Insurance Company Limited,
Rajasthan vs. Smt.Laxmi and others5 rate of interest in
a motor accident claims cannot be more than 6% in view
of Section 30 of the Code of Civil Procedure. Hence,
claimant would be entitled for interest at 6% per annum
on award amount from date of claim petition till deposit.
Point for consideration is answered partly in affirmative.
Consequently, following :
ORDER
Appeal is allowed in part.
Claimants are held entitled for total compensation of
`10,28,200/- as against `8,12,600/- awarded by tribunal
2018 (4) AKR 808
NC: 2023:KHC-K:6867
MFA No. 202057 of 2018
which shall carry interest at 6% per annum from date of
claim petition till deposit.
Insurer is directed to deposit compensation amount
within a period of six weeks from date of receipt of
certified copy of this judgment.
On deposit, entire enhanced compensation is ordered
to be released in favour of claimants equally.
Sd/-
JUDGE
SN
