Karnataka High Court
Smt. Susheelamma vs Sri. Hussain Basha S/O. Thirugal Basha on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14940
MFA No. 101553 of 2016
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.101553/2016(MV-D)
BETWEEN
1. SMT. SUSHEELAMMA
W/O. G. B. PRAKASH,
AGE: 43 YEARS,
OCC: HOUSE WIFE.
2. SRI M. P. PRASHANTHA KUMAR
S/O. SRI G. B. PRAKASH,
AGE:27 YEARS, OCC:UN-EMPLOYED,
BOTH ARE R/O: 2ND CROSS,
SHASTRI NAGAR,
BALLARI, TQ: DIST:BALLARI - 583 101.
...APPELLANTS
(By SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
VIJAYALAKSHMI
CLAIMANT NO.3 HAD DIED AFTER PASSING THE JUDGMENT BY THE
M KANKUPPI
TRIAL COURT)
Digitally signed by
VIJAYALAKSHMI
M KANKUPPI AND
Date: 2023.12.22
11:19:54 +0530
1. SRI HUSSAIN BASHA
S/O. THIRUGAL BASHA,
AGE:30 YEARS,
OCC:DRIVER OF THE
MAXI CAB, NO. KA -36/5383,
R/O: KURUKUNDA VILLAGE,
TQ: MANVI, DIST:RAICHUR - 584 123.
2. SRI MOULALI
S/O. HUSSAIN SAB,
AGE:24 YEARS,
OWNER OF THE MAXI CAB,
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NC: 2023:KHC-D:14940
MFA No. 101553 of 2016
KA-36/5383, R/O: DOOR NO.137,
KURKUNDA VILLAGE,
TQ:MANVI,
DIST:RAICHUR - 584 123.
3. THE MANAGER,
SRI RAM GENERAL INSURANCE
COMPANY LTD.,
E-8, EPIP RIICO, INDURSTIAL AREA,
SITAPURA, JAIPUR,
RAJASTHAN STATE CODE - 303022.
4. SRI. MANIKYA REDDY
S/O. VEERABHADRA GOUDA
AGE:52 YEARS,
OCC:OWNER OF INDCA CAR,
NO.KA-34/N-3056,
R/O. HOUSE NO.183,
NADANGA VILLAGE AND POST,
TQ:SIRUGUPPA DIST:BALLARI.
5. THE MANAGER,
UNIVERSAL SAMPO GENERAL
INSURANCE CO., LTD.,
R/O. 2A, 2ND FLOOR 84-
RAMSON COMPLEX,
P.B. ROAD, HOSUR HUBBALLI.
DIST: DHARWAD.
...RESPONDENTS
(By SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR R3 AND R5;
R1, R2 AND 4 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:
30.01.2015 PASSED IN MVC NO.635/2014 ON THE FILE OF THE III
MOTOR ACCIDENT CLAIMS TRIBUNAL, BALLARI, 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:14940
MFA No. 101553 of 2016
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 30.01.2015 passed in
MVC.No.635/2014 by the III Motor Accident Claims
Tribunal, 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 4,20,000/-
2. Transportation of dead body & 25,000/-
funeral expenses
3. Loss of estate 25,000/-
4. Loss of love and affection 25,000/-
Total: 4,95,000/-
NC: 2023:KHC-D:14940
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 24 years as on the date
of accident and was a driver by profession. 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. 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
re-assessed and quantified at Rs.10,58,400/-
(Rs.7,000/- + 40% x 50% x 18 x 12).
NC: 2023:KHC-D:14940
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. Claimant
No.3 has died after passing the judgment by the trial
Court. Hence, there are three legal heirs. Accordingly,
Rs.1,32,000/- (Rs.40,000 x 3 + 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:14940
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 10,58,400/-
2. Towards loss of consortium 1,32,000/-
including loss of love and
affection
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses.
(15,000 x 2 + 10%)
Total: 12,23,400/-
10. Therefore, the claimants are entitled for
compensation of Rs.12,23,400/- along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.4,95,000/- 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.
NC: 2023:KHC-D:14940
ii) The judgment and award dated
30.01.2015 passed in MVC.No.635/2014 by the III
Motor Accident Claims Tribunal, Bellary, stands
modified.
iii) The claimants are entitled for total
compensation of Rs.12,23,400/- 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 344 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) No order as to costs.
vii) Draw award accordingly.
Sd/-
JUDGE
PB
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