Karnataka High Court
Sharanamma vs Satnam Singh G. Saini And Anr on 6 December, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2023:KHC-K:9035
MFA No. 201329 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO.201329 OF 2022 (MV-D)
BETWEEN:
SMT. SHARANAMMA
W/O LATE ASHAPPA YAKMAI,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O KADLAPUR, TQ: SEDAM,
DIST: KALABURAGI.
...APPELLANT
(BY SRI. SANJEEV PATIL, ADVOCATE)
AND:
Digitally signed 1. SATNAM SINGH G. SAINI,
by LUCYGRACE AGE: MAJOR, OCC: BUSINESS,
Location: HIGH R/O D.NO.1086, BIMA COMPLEX,
COURT OF STEEL MARKET, KALAMBOLI,
KARNATAKA TQ. PANVEL, DIST. RAIGAD-410 206.
2. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO. LTD.,
N.G. COMPLEX,
OPP: MINI VIDHANA SOUDHA,
KALABURAGI-585 102.
...RESPONDENTS
(SRI. SANJAY M. JOSHI, ADVOCATE FOR R2;
V/O DATED 01.09.2022, NOTICE TO R1 IS DISPENSED WITH)
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NC: 2023:KHC-K:9035
MFA No. 201329 of 2022
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 23.11.2021 PASSED BY THE LEARNED III
ADDITIONAL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI
IN MVC NO.317/2020 BY ENHANCING THE COMPENSATION
AMOUNT AS PRAYED FOR.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimant is before this Court being aggrieved by
the judgment and award dated 23.11.2011 passed in MVC
No.317/2020 on the file of III Addl. Senior Civil Judge and
MACT at Kalaburagi (for short 'Tribunal'), by which, while
partly allowing the claim petition, the Tribunal has
awarded compensation of Rs.8,56,996/- with interest at
6% p.a. from the date of petition till realisation and has
directed respondent No.2 - Insurance Company to pay the
same.
2. The accident in question resulting in death of
one Ashappa Yakmai, the husband of the claimant is not in
dispute. The only ground urged in this appeal is that, the
Tribunal while assessing the compensation payable to the
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appellant, who is the wife of the deceased has deducted
50% of the assessed income towards the personal and
living expenses of the deceased.
3. Sri Sanjeev Patil, learned counsel appearing for
the appellant/claimant submits that admittedly, the
deceased was married and the appellant being his wife,
the Tribunal ought not to have deducted 50% of the
income towards personal expenses, instead ought to have
deducted 1/3rd. In support of his submission, he relies
upon the judgment of the Co-ordinate Bench of this Court
in the case of Sumanabai W/o Ambadas vs. Basanna
S/o Maleppa Andodagi and another (MFA
No.200837/2022, disposed of on 25.05.2023) and
the judgment of Division Bench of this Court in the case of
The Legal Manager, Reliance Gen. Ins. Co. Ltd. vs.
Ratnamma @ Rathnabai and another (MFA
No.200454/2021, disposed of on 30.10.2023), in
which, the Co-ordinate Bench of this Court and the
Division Bench of this Court in an identical situation
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wherein the Tribunal has deducted 50% of the income
towards personal expenses of the married man have
reversed the same and 1/3rd was ordered to be deducted,
as the deceased was not a bachelor. Applying the said
principle, since the issue raised in this appeal is similar to
the issue in the said cases, the compensation awarded by
the Tribunal under the head 'loss of dependency' requires
to re-assessed by considering deduction of personal
expenses of the deceased at 1/3rd. To that extent, the
judgment of the Tribunal is required to be modified. The
other factors considered by the Tribunal while assessing
the compensation towards loss of dependency i.e. monthly
income at Rs.13,250/-, future prospects at 10% and
multiplier of '9' are just and proper.
4. Thus, the appellant is entitled for a sum of
Rs.10,49,400/- (13,250 + 10% x 12 x 9 x 2/3) towards
loss of dependency. The Tribunal has awarded a sum of
Rs.7,86,996/- under the said head. Hence, after deducting
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the same, the appellant is entitled for an additional sum of
Rs.2,62,404/- towards loss of dependency.
5. The compensation awarded by the Tribunal
under other heads is just and proper and remains intact.
6. For the foregoing reasons, following:
ORDER
a) The appeal is allowed.
b) The award of the Tribunal is modified to the
extent of deducting 1/3rd towards personal
expenses of the deceased. Rest of the award of
the Tribunal remains intact.
c) The appellants/claimants are held entitled for a
total compensation of Rs.10,49,400/- instead of
Rs.7,89,996/- awarded by the Trial Court with
interest at 6% per annum from the date of
claim petition till realization.
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d) Respondent No.2 - Insurance Company shall
deposit the aforesaid compensation amount
within a period of six weeks from the date of
receipt of certified copy of this judgment.
Sd/-
JUDGE
LG
