Karnataka High Court
Smt. Jayashree W/O Babu vs The Depot Manager on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14933
MFA No. 100496 of 2014
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. 100496 OF 2014
(MV-)
BETWEEN
1. SMT. JAYASHREE
W/O. BABU KAUJALAGI,
AGE: 42 YEARS,
OCC: HOUSEHOLD WORK, R/O:
TAHASILDAR GALLI, BELAGAVI,
TQ AND DIST: BELAGAVI.
2. SHRI DRAKSHAYANI
W/O. DUNDAPPA MUNGARWADI,
AGE:39 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SULEBHAVI,
TQ AND DIST: BELAGAVI.
3. SHRI SADANAND
S/O. BASAVARAJ KOTI,
AGE: 37 YEARS,
OCC: AGRICULTURE,
R/O: SULEBHAVI,
TQ AND DIST: BELAGAVI.
4. SRI MAHANTESH
S/O. BASAVARAJ KOTI,
AGE:36 YEARS,
OCC: NIL,
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NC: 2023:KHC-D:14933
MFA No. 100496 of 2014
PHYSICALLY DISABLED,
R/O: SULEBHAVI,
TQ AND DIST: BELAGAVI.
...APPELLANTS
(By SRI HANAMANT R. LATUR, ADVOCATE)
(CLAIMANT NO.1 IN MVC.NO.2994/2012 HAS DIED DURING
THE PENDENCY OF CLAIM PETITION)
AND
THE DEPOT MANAGER,
M.S.R.T.C., CHANDAGAD,
DIST: KOLHAPUR.
...RESPONDENT
(By SRI C. V. ANAGDI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 30.08.2013 PASSED IN MVC NO.2994/2012 ON THE
FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 07.11.2023, COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY THE COURT
DELIVERED THE FOLLOWING JUDGMENT.
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NC: 2023:KHC-D:14933
MFA No. 100496 of 2014
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 30.08.2013 passed in
MVC.No.2994/2012 by VI Addl. District and Sessions
Judge, Belgaum, for 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 2,02,500/-
2. Loss of estate 10,000/-
3. Loss of expectancy of life 10,000/-
4. Transportation of body and 6,000/-
funeral expenses
Total: 2,28,500/-
NC: 2023:KHC-D:14933
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 75 years as on the date
of accident and was an agriculturist and helper in Jay
Enterprises, Belgaum. The accident is of the year 2012.
Hence notional income is to be taken at Rs.6,500/- as
recognized by the Karnataka State Legal Services
Authority. Claimant No.1 has died during the pendency of
claim petition. Hence, there are totally five legal heirs.
Therefore, 1/4th of the income is to be deducted towards
personal and living expenses. Considering the age of the
deceased, the appropriate applicable multiplier is 5.
Therefore loss of dependency is re-assessed and quantified
at Rs.2,92,500/- (Rs.6,500/- x 3/4 x 5 x 12).
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
NC: 2023:KHC-D:14933
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.2,20,000/- (Rs.40,000 x 5 + 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.
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 2,92,500/-
2. Towards loss of consortium 2,20,000/-
including loss of love and
affection
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses
Total: 5,45,500/-
NC: 2023:KHC-D:14933
10. Therefore, the claimants are entitled for
compensation of Rs.5,45,500/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.2,28,500/- awarded by the
tribunal. The respondent is directed to deposit the
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
30.08.2013 passed in MVC.No.2994/2012 by VI Addl.
District and Sessions Judge, Belgaum, stands
modified.
iii) The claimants are entitled for total
compensation of Rs.5,45,500/- along with interest
at the rate of 6% p.a. from the date of petition till its
realization.
NC: 2023:KHC-D:14933
iv) The claimants are not entitled for interest
for the delayed period of 61 days in filing the appeal.
v) The respondent shall deposit the amount
within a period of eight weeks from the date of
receipt of a copy of this judgment.
vi) No order as to costs.
vii) Draw award accordingly.
Sd/-
JUDGE
PB
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