Karnataka High Court
Kaleel Baig vs B K Gangadhara on 30 August, 2023
Bench: M.I.Arun
-1-
NC: 2023:KHC:31059
MFA No. 3451 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO.3451 OF 2021 (MV-D)
BETWEEN:
1. KALEEL BAIG
S/O. LATE WAZIR BAIG
AGED ABOUT 55 YEARS,
2. IRFAN BAIG
S/O. KALEEL BAIG
AGED ABOUT 27 YEARS,
3. ZAREENA BANU
W/O. KALEEL BAIG
AGED ABOUT 50 YEARS,
4. NEHA TALLATH
D/O. KALEEL BAIG
AGED ABOUT 27 YEARS,
Digitally
signed by H ALL ARE R/O.#308
K HEMA
Location: OLEGERAMMA TEMPLE ROAD
High Court CHANNARAYAPATTNA
of Karnataka
HASSAN DISTRICT-573 116.
...APPELLANTS
(BY SRI K.R. LINGARAJU, ADVOCATE)
AND:
1. B.K. GANGADHARA
S/O. KEMPEGOWDA
AGED ABOUT 56 YEARS
R/AT BEHIND SESKAM
CHANNARAYAPATTNA TOWN
HASSAN DISTRICT-573 116.
-2-
NC: 2023:KHC:31059
MFA No. 3451 of 2021
2. UNITED INDIA INSURANCE COMPANY
MADHU COMPLEX ROAD
CHANNARAPATTNA
HASSAN DISTRICT-573 116.
...RESPONDENTS
(NOTICE TO R.1 IS DISPENSED WITH VIDE
COURT ORDER DATED 30.08.2023;
BY SRI K.N. SRINIVASA, ADVOCATE FOR R.2.)
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT,
PRAYING TO CALL FOR THE RECORDS IN MVC NO.1674/2018,
PASSED BY THE COURT OF 4TH ADDITIONAL DISTRICT AND
SESSIONS JUDGE, HASSAN DISTRICT AT
CHANNARAYAPATTNA, DATED 08.03.2021 AND BE PLEASED TO
MODIFY THE JUDGMENT AND AWARD BY ALLOWING THE
CLAIM PETITION AS PRAYED, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the judgment and award dated
08.03.2021 passed in MVC No.1674/2018 by the Court of
the IV Additional District and Sessions Judge, Hassan
District at Channarayapatna (for short 'the Tribunal'), the
petitioners therein has preferred this appeal.
2. For the sake of convenience, the parties are referred
to herein as per their status before the Tribunal.
NC: 2023:KHC:31059
MFA No. 3451 of 2021
3. Brief facts of the case are as follows:
On 23.10.2018 at about 7.30 p.m. the deceased -
Rabban Baig was traveling on a motor cycle bearing
registration No.KA-44-H-0295. The said vehicle met with
an accident near Gandhi Circle, Channarayapatna with
another motor cycle bearing Reg. KA-02-HK-8997 because
of which, the said Rabban Baig expired. The accident
happened due to rash and negligent driving of the motor
cycle bearing Reg. KA-02-HK-8997, which was duly
insured with respondent no.2- Insurance Company. The
Tribunal has awarded a compensation of Rs.7,02,000/-
along with interest at the rate of 6% p.a. from the date of
petition till realization. Not satisfied by the same, the
petitioners who are parents and siblings of the deceased
have preferred this appeal.
4. The accident occurred in the year 2018. The
petitioners have not established the income of the
deceased before the Tribunal. Hence, it is deemed
appropriate to fix his income notionally as per the chart
NC: 2023:KHC:31059
MFA No. 3451 of 2021
prepared by the Karnataka State Legal Services Authority
in consultation with Insurance Companies which will be
Rs.12,500/- per month. The deceased was aged 19 years
at the time of the accident. Hence, a multiplier of '18' is
adopted as per the law laid down by the Apex Court in
SARLA VERMA & ORS V. DELHI TRANSPORT CORP.&
ANR reported in 2009(6) SCC 121. Taking the income
of the deceased at Rs.12,500/- per month, 40% has to be
added to his income towards future prospects as per the
law laid down by the Hon'ble Supreme Court in
NATIONAL INSURANCE CO. LTD. V. PRANAY SETHI
reported in (2017) 16 SCC 680. As the deceased was a
Bachelor, 50% is deducted towards his personal expenses.
Thus, on the count of loss of dependency, the petitioners
are entitled to a sum of Rs.18,90,000/- (Rs.12,500/- X
12 X 18 X 1/2 + 40%).
5. Petitioners are also entitled to a sum of Rs.30,000/-
towards loss of estate and funeral expenses.
NC: 2023:KHC:31059
MFA No. 3451 of 2021
6. Petitioners are all entitled to a sum of Rs.40,000/-
each towards loss of consortium and thus together are
entitled to Rs.1,60,000/- (40,000x4) under this head.
7. Thus, the petitioners are entitled to a total
compensation of Rs.20,80,000/- as against Rs.7,02,000/-
awarded by the Tribunal. Accordingly, the petitioners are
together entitled to an enhanced compensation of
Rs.13,78,000/- over and above what has been awarded
by the Tribunal (Rs.20,80,000 minus Rs.7,02,000/-).
Further, given the bank rate of interest, I deem it
appropriate to award interest at the rate of 6% p.a. on the
enhanced compensation from the date of petition till
realization. Hence, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The petitioners are entitled to an enhanced
compensation of Rs.13,78,000/- along
with interest at the rate of 6% p.a. from
the date of petition before the Tribunal till
NC: 2023:KHC:31059
MFA No. 3451 of 2021
realization which shall be over and above
what has been awarded by the Tribunal;
(iii) Respondent No.2-Insurance company shall
pay the enhanced compensation within a
period of six weeks from the date of
receipt of a certified copy of the judgment
and order;
(iv) The enhanced compensation amongst the
petitioners shall be apportioned in the
percentage determined by the Tribunal in
the impugned order;
(v) Office to draw modified award accordingly.
SD/-
JUDGE
VMB
