Karnataka High Court
Shehanaz Begum And Ors vs Rajkumar on 1 December, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2023:KHC-K:8949
MFA No. 200770 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO.200770 OF 2017 (MV-D)
BETWEEN:
1. SHEHANAZ BEGUM
W/O LATE MUNEER,
AGE: 42 YEARS, OCC: HOUSEWIFE,
2. SAMINA BEGUM
D/O LATE MUNEER,
AGE: 20 YEARS, OCC: STUDENT,
3. KHAJA PASHA
S/O LATE MUNEER,
AGE: 16 YEARS, OCC: STUDENT,
Digitally signed 4. MD. SAMEER
by LUCYGRACE S/O LATE MUNEER,
Location: HIGH AGE: 14 YEARS, OCC: STUDENT,
COURT OF
KARNATAKA 5. MD. ZAMEER
S/O LATE MUNEER,
AGE: 11 YEARS, OCC: STUDENT,
(APPELLANTS NO.3 TO 5 ARE MINORS,
HENCE APPEAL FILED THROUGH THEIR
NATURAL MOTHER APPELLANT NO.1)
6. KURABEE W/O LATE WAHEEDALI,
AGE: 62 YEARS, OCC: HOUSEWIFE,
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MFA No. 200770 of 2017
ALL R/O VILLAGE BAGDAL,
TQ. & DIST. BIDAR - 585 402.
...APPELLANTS
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
1. RAJKUMAR S/O PEERAPPA,
AGE: MAJOR, OCC: BUSINESS,
R/O H.NO.234, JANWADA VILLAGE,
TQ. & DIST. BIDAR-585 402.
(REGISTERED OWNER OF VEHICLE BEARING
REG.NO.DCM AP9/T3927)
2. THE BRANCH MANAGER OF
UNITED INDIA INSURANCE COMPANY LTD.,
BRANCH OFFICE, BASWASHREE TOWER,
KEB ROAD, NEAR GANESH MAIDAN,
BIDAR-585 401.
...RESPONDENTS
(SRI. SUDARSHAN M., ADVOCATE FOR R2;
R1 - SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 17.12.2016 PASSED BY THE
PRINCIPAL MACT AND PRINCIPAL DISTRICT AND SESSIONS
JUDGE AT BIDAR IN MVC NO.114/2015.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-K:8949
MFA No. 200770 of 2017
JUDGMENT
This appeal is by the claimants being the legal
representatives of deceased Md. Muneer, who died in an
accident that occurred on 02.11.2013 involving a lorry
DCM bearing Reg. No.KA-38/5844 and another lorry
bearing Reg. No.AP-9/T-3927, against the judgment and
award dated 17.12.2016 passed in MVC No.114/2015 on
the file of Principal Motor Accident Claims Tribunal and
Principal District and Sessions Judge at Bidar (for short
'Tribunal'), by which, while partly allowing the claim
petition, the Tribunal has awarded compensation of
Rs.12,04,000/- with interest at 6% p.a. from the date of
petition till realisation, directing respondent No.2 -
Insurance Company to pay the same.
2. The accident in question resulting in death of
the deceased is not in dispute. A case in Crime
No.123/2014 under Section 304-A of IPC was registered
against the driver of the offending lorry bearing Reg.
No.AP-9/T-3927.
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3. The claim petition was filed by the claimants
contending that the deceased Muneer aged about 43
years, working as a driver of the lorry bearing Reg. No.KA-
38/5844 was earning a sum of Rs.15,000/- per month as
salary being Rs.10,000/- and Rs.200/- being daily bhatta.
That, due to the untimely death of the deceased,
claimants have put to financial and mental distress. Hence,
claimed compensation of Rs.25.00 lakhs.
4. The Tribunal on appreciation of the evidence,
assessed the income of the deceased at Rs.9,000/- per
month. Deducting 1/4th towards his personal and living
expenses and applying the multiplier of 14 has awarded a
sum of Rs.11,34,000/- towards loss of dependency. In
addition, the Tribunal has awarded Rs.20,000/- towards
loss of consortium, Rs.20,000/- towards loss of love and
affection, Rs.20,000/- towards loss of estate and
Rs.10,000/- towards funeral expenses, obsequies
ceremony, transportation of dead body etc., which is
aggregating in a sum of Rs.12,04,000/-. Being aggrieved
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by the same, the appellants are before this Court, seeking
enhancement.
5. Heard the learned counsel for the parties and
perused the records.
6. Since the accident in question resulting in death
of deceased Muneer leaving behind the claimants as his
representatives not being disputed, the only point that
requires consideration is the quantum of compensation.
Though it is contended that the deceased was having
income of Rs.15,000/- per month, the Tribunal has
assessed the income at Rs.9,000/- per month. The same
is held to be just and proper. The Tribunal has however
not awarded future prospects. In view of the law laid down
by the Hon'ble Apex Court in the case of National
Insurance Company Limited v. Pranay Sethi and
others reported in (2017) 16 SCC 680, considering the
age of the deceased being 43 years, 25% of the income
has to be added towards future prospects. Since the
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deceased left behind 6 dependents, 1/4th needs to be
deducted towards his personal and living expenses.
Considering the age of the deceased, multiplier of '14' is
applied. Calculated as above, the appellants would be
entitled for total compensation of Rs.14,17,500/-
(Rs.9,000 + 25% x 12 x 14 x 3/4) towards loss of
dependency.
7. In view of the law laid down by the Hon'ble
Apex Court in case of Magma General Insurance
Company Limited vs. Nanu Ram Alias Chuhru Ram
and others reported in (2018) 18 SCC 130 which is
subsequently clarified in United India Insurance Co.
Ltd., v. Satinder Kaur alias Satwinder Kaur and
others reported in AIR 2020 SC 3076, appellants being
wife, children and mother of the deceased respectively are
entitled for Rs.40,000/- each aggregating in a sum of
Rs.2,40,000/- towards loss of consortium.
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8. Further, the appellants are entitled for
Rs.15,000/- towards loss of estate and Rs.15,000/-
towards funeral expenses.
9. That apart, in view of the law laid down by the
Hon'ble Apex Court in the case of Pranay Sethi (supra),
there shall be increment of 10% on the compensation
awarded under conventional heads.
10. Thus, the claimants are held entitled for a total
compensation of Rs.17,14,500/- instead of Rs.12,04,000/-
awarded by the Tribunal as under:
Sl. Heads By By
No. Tribunal this Court
1 Loss of dependency Rs.11,34,000/- Rs.14,17,500/-
2 Loss of love and Rs.20,000/- --
affection
3 Loss of consortium Rs.20,000/- Rs.2,40,000/-
4 Loss of estate Rs.20,000/- Rs.15,000/-
5 Funeral expenses, Rs.10,000/- Rs.15,000/-
obsequies and
transportation of
dead body
Addition of 10% - Rs.27,000/-
Total Rs.12,04,000/- Rs.17,14,500/-
11. For the foregoing reasons, the following:
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ORDER
a) The appeal is partly allowed.
b) The appellants/claimants are held entitled for a
total compensation of Rs.17,14,500/- instead of
Rs.12,04,000/- awarded by the Tribunal with
interest at 6% per annum from the date of
claim petition till realization.
c) Respondent No.2 - Insurance Company shall
deposit the aforesaid compensation amount
within a period six weeks from the date of
receipt of certified copy of this judgment.
d) The award of the Tribunal is modified
accordingly.
e) Registry to transmit the Trial Court records to
the Tribunal.
Sd/-
JUDGE
LG
