Karnataka High Court
Estila Santan Dias vs Veerappa S/O Shivalingappa Hanchinal on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14912
MFA No. 23439 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.23439/2012(MV)
BETWEEN
SMT. ESTILA SANTAN DIAS
AGE: 51 YEARS, OCC: HOUSEHOLD,
R/O: MATHADKERI, TQ: HONNAVAR,
DIST: KARWAR.
...APPELLANT
(BY SRI. A S PATIL, ADVOCATE)
AND
1. SHRI. VEERAPPA, S/O SHIVALINGAPPA HANCHINAL,
AGE: MAJOR, OCC: OWNER OF THE LORRY,
R/O: HARLAPUR, TQ AND DIST: GADAG.
2. SHRI. BASAVARAJ,S/O SHIVAPPA KALLUR
AGE: 23 YEARS, OCC: DRIVER,
R/O: LAKKUNDI, NEAR GIRLS SCHOOL,
Digitally TQ AND DIST: GADAG.
signed by
SUJATA
SUBHASH 3. THE MANAGERSHRIRAM GENERAL INSURANCE, 3-8,
PAMMAR RICO INDUSTRIAL AREA,
SITAPUR - 302 022,JAIPUR,
STATE RAJASTHAN.
....RESPONDENTS
(By SRI. S K HEGDE ADVOCATE FOR R1;
SRI. NAGARAJ C KOLLORRI ADVOCATE FOR R3;
R2 DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DTD:03-04-2012 PASSED IN
MVC.NO.31/2011 ON THE FILE OF THE MEMBER, MACT, HONNAVAR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2023:KHC-D:14912
MFA No. 23439 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 claimant challenging the
judgment and award dated 03.04.2012 passed by the
tribunal in MVC No.31/2011 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 dependency 3,12,000/-
NC: 2023:KHC-D:14912
2. Loss of love and affection 10,000/-
3. Funeral expenses 5,000/-
Total: 3,27,000/-
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 28 years as on the date
of accident and was working in a Bakery. The accident is
of the year 2010. Hence notional income is to be taken at
Rs.5,500/- p.m., as recognized by the Karnataka State
Legal Services Authority. 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,
40% of the income is to be added towards loss of future
prospects in life as the claimant was a bachelor. There is
only one legal heir. Therefore 50% of the income is to be
deducted towards personal and living expenses.
NC: 2023:KHC-D:14912
Considering the age of the deceased, the appropriate
applicable multiplier is 17. Therefore loss of dependency
is re-assessed and quantified at Rs.7,85,400/- (Rs.5,500/-
+(40%) 3,850/-= 9,350/- 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
claimant is entitled to Rs.40,000/- 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.
Therefore, under these heads Rs.33,000/- (Rs.15,000 x 2
+ 10%) is awarded.
NC: 2023:KHC-D:14912
9. Thus, the claimant would be entitled for
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 7,85,400/-
2. Towards loss of consortium 44,000/-
(40,000+10%)
3. Towards loss of estate and 33,000/-
transportation of dead body &
funeral expenses.
(15,000 x 2 + 10%)
Total: 8,62,400/-
10. Therefore, the claimant is entitled for
compensation of Rs.8,62,400/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.3,27,000/- awarded by the
tribunal.
11. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
NC: 2023:KHC-D:14912
ii) The judgment and award dated
03.04.2012 passed by the tribunal in MVC
No.31/2011 stands modified.
iii) The claimant is entitled for total
compensation of Rs.8,62,400/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
iv) The claimant is not entitled for
interest for the delayed period of 20 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.
vii) No order as to costs.
viii) Draw award accordingly.
SD/-
JUDGE
BNV
