Karnataka High Court
Lalita W/O Mahadev Heralagi vs Shri Ashokkumar S/O Dariyaram on 5 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:14190
MFA No. 25707 of 2011
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 05TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.25707/2011 (MV-D)
BETWEEN:
1. SMT. LALITA W/O. MAHADEV HERALGI,
AGE:43 YEARS, OCC: HOUSEHOLD WORK,
R/O: ANKALI, TQ: CHIKODI,
DIST: BELAGAVI.
2. SHRI RAJSHEKAR S/O. MAHADEV HERALGI,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O: ANKALI, TQ: CHIKODI,
DIST: BELAGAVI.
...APPELLANTS
(BY SRI SHIVARAJ C. BELLAKKI, ADVOCATE.)
VIJAYALAKSHMI
M KANKUPPI
AND:
Digitally signed by
VIJAYALAKSHMI
M KANKUPPI
Date: 2023.12.29
10:50:10 +0530
1. SHRI ASHOKKUMAR S/O. DARIYARAM,
AGE : MAJOR, OCC: BUSINESS,
R/O:A.W.108, SANJAY GANDHI
T.R.P. NAGAR, NEW DELHI.
2. THE GENERAL MANAGER,
RELIANCE INSURANCE COMPANY,
BELAGAVI.
3. SHRI RAJU MALLAPPA GUNDAKALE,
AGE: MAJOR, OCC: BUSINESS,
R/O: ANKALI, TQ: CHIKODI,
DIST: BELAGAVI.
-2-
NC: 2023:KHC-D:14190
MFA No. 25707 of 2011
4. NEW INDIA ASSURANCE COMPANY,
REP. BY ITS DIVISIONAL MANAGER,
CLUB ROAD, BELAGAVI.
...RESPONDENTS
(BY SRI G.N.RAICHUR, ADVOCATE FOR R.2;
R.1 - APPEAL DISMISSED;
R.3 - NOTICE SERVED;
BY SRI R.R.MANE, ADVOCATE FOR R.4.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 26.08.2011 PASSED BY
THE MOTOR ACCIDENT CLAIMS TRIBUNAL AND DISTRICT JUDGE,
FAST TRACK COURT-I, CHIKODI, IN MVC NO.1952/2009 AND
ENHANCE THE COMPENSATION TO RS.10,50,000/- ALONG WITH
INTEREST AT THE RATE OF 18% P.A. AND 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 26.08.2011, in MVC
No.1952/2009, passed by the District Judge (Ad-hoc), Fast
Track Court-I, Chikodi, 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.
NC: 2023:KHC-D:14190
3. Heard the arguments and perused the material
placed before the Court.
4. In the present case the deceased was aged 48
years old at the time of accident. Therefore the
appropriate applicable multiplier is 13. The accident is
caused on 25.08.2009. 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, 25% of the income is to be
added towards loss of future prospects in life. There are
two legal heirs. Hence, 1/3rd of the income is to be
deducted towards personal and living expenses. Therefore,
loss of dependency is hereby re-assessed and quantified
as Rs.6,50,000/- (Rs.5,000 + 25% minus 1/3rd x 12 x 13).
5. There are two claimants who are wife and son
of the deceased. In view of the decision of the Hon'ble
NC: 2023:KHC-D:14190
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.88,000/- (Rs.40,000 x 2 +
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 6,50,000
(Rs.5,000 + 25% minus 1/3rd x
12 x 13).
NC: 2023:KHC-D:14190
2. Towards loss of consortium. 88,000
(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: 7,71,000
8. Therefore, the claimants are entitled for total
compensation of Rs.7,71,000/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.5,55,104/- 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. The tribunal awarded compensation along with
interest at the rate of 9% p.a. The same is scaled down to
6% p.a. from the date of petition till realization.
10. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
NC: 2023:KHC-D:14190
ii) The judgment and award dated
26.08.2011, in MVC No.1952/2009, passed by
the District Judge (Ad-hoc), Fast Track Court-I,
Chikodi, stands modified.
iii) The claimants are entitled for total
compensation of Rs.7,71,000/- along with
interest at the rate of 6% p.a. from the date of
filing of the petition till realization, as against
Rs.5,55,104/- awarded by the tribunal.
iv) 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.
v) No order as to costs.
vi) Draw award accordingly.
SD/-
JUDGE
MRK
CT-ASC
