Karnataka High Court
Sri Maheshkumar S/O Irappa Bankapur vs Sri Basappa S/O Hanumantappa Chaluvadi on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14925
MFA No. 22102 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.22102/2012(MV-D)
BETWEEN
SRI. MAHESHKUMAR,S/O IRAPPA BANKAPUR,
AGE: 32 YEARS,OCC: COOLI,
R/O OLD HUBLI,HIREPETH, HUBLI,
DISTRICT: DHARWAD.
... APPELLANT
(BY SRI. D M MANJUNATH, ADVOCATE )
AND
1. SRI BASAPPA,S/O HANUMANTAPPA CHALUVADI,
AGE MAJOR, OCC: DRIVER,
R/O INGALGERI, MUDDEBIHAL TALUKA,
BIJAPUR DISTRICT.
2. RELIANCE GENERAL INSURANCE COMPANY,
DESAI CROSS,HUBLI,
Digitally
signed by (POLICY NO. 1402792334002053
SUJATA
SUBHASH DT.12/06/2009 TO 11/06/2010)
PAMMAR
3. SRI BASAVARAJ,S/O SANGAPPA MUDRANAL
AGE: MAJOR, OCC: BUSINESS,
R/O PADADAYYANA HAKKAL,
OLD HUBLI, (OWNER OF GOODS TRUCK NO. KA37/2541)
...RESPONDENTS
(BY SRI. NAGARAJ C KOLLOORI , ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH; R3 SERVED)
THIS MFA IS FILED U/S 173 (1) OF MV ACT 1988, AGAINST
THE JUDGMENT AND AWARD 16.12.2010 PASSED IN MVC .NO.
884/2009 ON THE FILE OF THE PRESIDING OFFICER FAST TRACK
COURT-II, DHARWAD, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2023:KHC-D:14925
MFA No. 22102 of 2012
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURTDELIVERED THE
FOLLOWING JUDGMENT.
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 16.12.2010, passed by the
tribunal in MVC No.884/2009 seeking enhancement of
compensation.
2. Heard the arguments and perused the material
placed on record.
3. In this case, the factum of accident, death of
deceased in the said accident and coverage of insurance
are not in dispute.
4. In the present case, the tribunal awarded
compensation under various heads as follows:
Sl.No. Heads. Amount in
(Rs.)
1. Loss of Estate 3,12,800/-
2. Transportation of dead body, 5,000/-
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funeral ceremony and other
obsequies etc.
Total: 3,17,800/-
5. The tribunal awarded lesser amount of
compensation contrary to the principles of law decided by
the Hon'ble Supreme Court. Therefore, the same is
required to be modified.
6. The deceased was aged 27 years as on the date
of accident and was a Businessman. The accident is of the
year 2009. The claimant has furnished Income Tax
returns showing that his earning is Rs.99,411/- p.a., and
this can be considered as income of the deceased, which
comes to Rs.7,700/- p.m. Hence notional income is to be
taken at Rs.7,700/- p.m. In view of the decision of the
Hon'ble Apex Court in case of National Insurance
Company Limited vs. Pranay Sethi and others,
reported in (2017) 16 Supreme Court Cases 680,
30% of the income is to be added towards loss of future
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prospects in life. The deceased was a bachelor and there
is only one legal heir. Therefore, 50% of the income is to
be deducted towards personal and living expenses.
Considering the age of the deceased, the appropriate
applicable multiplier is 17. Therefore, loss of dependency
is re-assessed and quantified at Rs.10,21,020/-
(Rs.7,700/- +30% = 10,010 x 50/100 x 12 x 17).
7. In view of the decision of the Hon'ble Supreme
Court in the case of Magma General Insurance Co.
Limited v. Nanu Ram & Others, reported in 2018 ACJ
2782 and in the case of Pranay Sethi supra, the
claimants are entitled to Rs.40,000/- each under the head
'loss of consortium', along with 10% escalation.
Accordingly, Rs.44,000/- (Rs.40,000/- + 10%) is
awarded under the head 'loss of consortium including loss
of love and affection'.
8. Further, a compensation of Rs.15,000/- each is
awarded under the head 'loss of estate' and 'funeral and
transportation' respectively, along with 10% escalation.
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Therefore under these heads Rs.33,000/- (Rs.15,000 x 2
+ 10%) is awarded.
9. Thus, the claimants would be entitled for
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 10,21,020/-
2. Loss of consortium 44,000/-
3. Towards loss of estate and 33,000/-
transportation of dead body &
funeral expenses.
(15,000 x 2 + 10%)
Total: 10,98,020/-
10. Therefore, the claimants are entitled for
compensation of Rs.10,98,020/- along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.3,17,800/- awarded by the
tribunal. The insurance company is directed to deposit the
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compensation within eight weeks from the date of receipt
of a certified copy of this judgment.
11. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
16.12.2010, passed by the tribunal in MVC
No.884/2009 stands modified.
iii) The claimants are entitled for total
compensation of Rs.10,98,020/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
iv) The claimants are not entitled for
interest for the delayed period of 383 days in
filing the appeal.
v) The insurance company shall deposit
the amount within a period of eight weeks from
the date of receipt of a copy of this judgment.
vi) Send back the trial Court records
along with a copy of this judgment.
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vii) No order as to costs.
viii) Draw award accordingly.
SD/-
JUDGE
BNV
