Karnataka High Court
B.Anjineya S/O B. Ramanna vs Prem Singh S/O Karam Singh on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14937
MFA No. 101727 of 2015
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.101727/2015(MV-D)
1. SRI B.ANJINEYA
S/O. B. RAMANNA,
AGE:44 YEARS,
OCC: NIL.
2. SMT. B.BHAGYAMMA
W/O. B. ANJINEYA,
AGE:40 YEARS,
OCC: HOUSEWIFE.
3. SRI SANTHOSH
S/O. B. ANJINEYA,
AGE:19 YEARS,
OCC: STUDENT.
4. KUMARI JYOTHI
D/O B. ANJINEYA,
Digitally AGE:18 YEARS,
signed by
BHARATHI OCC: STUDENT.
HM ALL ARE R/O NO.1 ITAGI VILLAGE,
NO.2 MUDDAPURA POST,
TQ: HOSAPETE,
DIST: BALLARI.
...APPELLANTS
(By SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND
1. SRI PREM SINGH
S/O. KARAM SINGH,
AGE:40 YEARS,
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NC: 2023:KHC-D:14937
MFA No. 101727 of 2015
OCC: DRIVER OF LORRY BEARING
NO.MH-04/FJ-9864,
R/O: C/O: HARNEK SINGH A/47, 19/7,
KARIVALI VILLAGE,
BHIWANDI TALUK, THANE DISTRICT,
MAHARASTRA STATE,
PIN- 431 203.
2. SRI HARENEK SINGH,
AGE:42 YEARS,
OCC: OWNER OF LORRY BEARING
NO.MH-04/FJ-9864,
R/O: C/O: HARNKE SINGH A/7, 19/7,
KARIVALI VILLAGE,
BHIWANDI TALUK THANE DISTRICT,
MAHARASTRA STATE,
PIN- 431 203.
3. THE MANAGER,
UNIVERSAL SAMPO GENERAL
INSURANCE CO., LTD.,
UNIT NO.401, 4TH FLOOR,
ANDHERE KURLA ROAD,
ANDHERI(EAST) MUMBAI- 400 059.
...RESPONDENTS
(By SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:
22.07.2014, PASSED IN MVC NO.855/2013, ON THE FILE OF THE
MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BELLARY, 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:14937
MFA No. 101727 of 2015
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 22.07.2014 passed in
MVC.No.855/2013 by the Motor Accidents Claim Tribunal-
II, Bellary, 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 12,80,000/-
2. Funeral expenses 5,000/-
3. Love and affections to father 5,000/-
and mother
4. Loss of estate 5,000/-
5. Loss of love and affection to 5,000/-
Total: 13,00,000/-
NC: 2023:KHC-D:14937
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 20 years as on the date
of accident and was working as a Supervisor in a factory.
The accident is of the year 2013. Hence, notional income
is to be taken at Rs.7,000/- 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. There are totally four legal heirs.
As the deceased was a bachelor, 50% of income is to be
deducted towards personal and living expenses.
Considering the age of the deceased, the appropriate
applicable multiplier is 18. Therefore loss of dependency is
NC: 2023:KHC-D:14937
re-assessed and quantified at Rs.10,58,400/-
(Rs.7,000/- + 40% x 50% x 18 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
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.1,76,000/- (Rs.40,000 x 4 + 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:
NC: 2023:KHC-D:14937
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 10,58,400/-
2. Towards loss of consortium 1,76,000/-
including loss of love and
affection
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses.
Total: 12,67,400/-
10. Therefore, the claimants are entitled for
compensation of Rs.12,67,400/- along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.13,00,000/- awarded by the
tribunal. The respondents are 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 impugned judgment and award
dated 22.07.2014 passed in MVC.No.855/2013
NC: 2023:KHC-D:14937
by the Motor Accidents Claim Tribunal-II,
Bellary, stands modified.
iii) The claimants are entitled for total
compensation of Rs.12,67,400/- 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 238 days in
filing the appeal.
v) The respondents 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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