Karnataka High Court
Datta S/O Janu Raikar vs Jeevan Mascarenhas on 4 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14101
MFA No. 24530 of 2011
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 04TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.24530/2011 (MV)
BETWEEN:
1. DATTA S/O. JANU RAIKAR,
AGE: ABOUT 57 YEARS,
OCC: AGRICULTURE AND COOLIE.
2. SMT. MANGALA W/O. DATTA RAIKAR,
AGE: 47 YEARS, OCC: HOUSEWIFE.
3. MANJUNATH S/O. DATTA RAIKAR,
AGE: 19 YEARS, OCC: STUDENT.
ALL ARE R/O: NAGENAKOPPA,
SAHASTALLI, NOW AT SONARWADA,
KARWAR, UTTAR KANNADA DIST.
Digitally
signed by ...APPELLANTS
BHARATHI (BY SRI S.B.PATIL, ADVOCATE.)
HM
AND:
1. JEEVAN MASCARENHAS,
AGE: 50 YEARS, OCC: BUSINESS,
REGD. OWNER OF TRUCK BEARING
REG. NO.GA-08/U-1487,
R/O: H.NO.367, W 2 NR DON BASCO
TEC. INSTITUTE, FATORDA,
MARGOA, SALCETE, GOA.
2. THE DIVISIONAL MANAGER,
IFFCO TOKOL GENERAL
INSURANCE CO. LTD.,
-2-
NC: 2023:KHC-D:14101
MFA No. 24530 of 2011
A/2, 1ST FLOOR, RELIANCE HOUSE,
ISIDORIO BAPTISTA ROAD,
PAJIFOND, GOA.
...RESPONDENTS
(BY SRI T. M. NADAF, ADVOCATE FOR R1;
SRI S.K.KAYAKAMATH, ADVOCATE FOR R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE II
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KARWAR, IN
MVC NO.116/2009 DATED 26.02.2011 AND AWARD COMPENSATION
AS CLAIMED BY THE APPELLANTS, ETC.,.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 26.02.2011, in MVC
No.116/2009, passed by the II Addl. MACT, Karwar,
seeking enhancement of compensation.
2. The factum of accident, death of the deceased
in the accident, coverage of insurance are not in dispute in
this case.
3. Heard the arguments and perused the records.
4. In the present case the deceased was aged 25
years old at the time of accident. Therefore the
NC: 2023:KHC-D:14101
appropriate applicable multiplier is 18. The accident is
caused on 30.03.2009. Therefore, in the absence of proof
of income, notional income would be Rs.5,000/- per month
as recognized by the Karnataka State Legal Service
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. The
deceased was a bachelor. Hence, 50% of the income is to
be deducted towards personal and living expenses.
Therefore, loss of dependency is hereby re-assessed and
quantified as Rs.7,56,000/- (Rs.5,000 + 40% minus 50%
x 12 x 18).
5. There are three claimants who are parents and
brother of the deceased. 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
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Sethi (supra), the claimants are entitled to Rs.40,000/-
each under the head 'loss of consortium', along with 10%
escalation. 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'.
6. 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.
7. Thus, the claimants would be entitled for
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 7,56,000
(Rs.5,000 + 40% minus 50% x
12 x 18).
2. Towards loss of consortium 1,32,000
(40,000 x 3 +10%)
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses.
(15,000 x 2 + 10%)
Total: 9,21,000
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8. Therefore, the claimants are entitled for total
compensation of Rs.9,21,000/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.1,68,000/- awarded by the
tribunal. The insurance company is directed to deposit the
compensation within eight weeks from the date of receipt
of a certified copy of this judgment.
9. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed.
ii) The judgment and award dated
26.02.2011, in MVC No.116/2009, passed by
the II Addl. MACT, Karwar, stands modified.
iii) The claimants are entitled for total
compensation of Rs.9,21,000/- along with
interest at the rate of 6% p.a. from the date of
NC: 2023:KHC-D:14101
filing of the petition till realization, as against
Rs.1,68,000/- awarded by the tribunal.
iv) The claimants are not entitled for
interest for the delayed period of 94 days in
filing the appeal.
v) The insurance company shall deposit
the compensation 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
MRK
CT-ASC
