Karnataka High Court
Sushilabai And Ors vs Basappa And Anr on 7 December, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
-1-
NC: 2023:KHC-K:9073
MFA No. 200318 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7 TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO. 200318 OF 2019 (MV-D)
BETWEEN:
1. SUSHILABAI
W/O HANMANTHRAYA BIRADAR,
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O WADAGERA,
TQ. JEWARGI DIST. KALABURAGI-585101.
2. SAVITA
D/O HANMANTHRAYA BIRADAR,
AGE: 19 YEARS, OCC: STUDENT,
R/O WADAGERA,
TQ. JEWARGI, DIST. KALABURAGI-585101
3. SATISH
Digitally signed S/O HANMANTHRAYA BIRADAR,
by LUCYGRACE
AGE: 21 YEARS, OCC: NIL,
Location: HIGH R/O WADAGERA,
COURT OF
KARNATAKA TQ. JEWARGI, DIST. KALABURAGI-585101
...APPELLANTS
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. BASAPPA
S/O SHANKREPPA PAVADASHETTY,
R/O TOLANOOR,
TQ. AKKALKOT, DIST. SOLAPUR,
NOW RESIDING AT VILLAGE KARJAGI,
-2-
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MFA No. 200318 of 2019
TQ. AFZALPUR, DIST. KALBURAGI-585101.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
NEAR N.V. COLLEGE,
KALABURAGI-585101
...RESPONDENTS
(BY SRI. SUDARSHAN M., ADVOCATE FOR R2;
VIDE ORDER DATED 07.12.2023 NOTICE TO R1
IS DISPENSED WITH )
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND MODIFY
THE JUDGMENT AND AWARD DATED 28-9-2018 PASSED IN
MVC NO. 95/2018 BY THE SENIOR CIVIL JUDGE AND JMFC AND
MACT- AFZALPUR AND ENHANCING THE COMPENSATION FROM
RS. 11,22,000/- WITH 6% INTEREST TO RS. 17,46,000/- WITH
12% INTEREST.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Present appeal is filed by the appellant-claimants
seeking enhancement of compensation awarded by the
Senior Civil Judge and J.M.F.C and MACT, Afzalpur (herein
after 'tribunal') in MVC No.95/2018 by its Order dated
28.09.2018.
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2. Accident in question that occurred on 08.03.2016
involving motor cycle and a jeep resulting in death of the
deceased Devindrappa who was aged about 22 years, is
not in dispute.
3. The tribunal on appreciation of evidence came to
the conclusion that the accident in question had occurred
on account of rash and negligent driving of the offending
jeep by its driver and that since the said jeep was insured
by the respondent-Insurance company directed to pay
compensation of Rs.11,22,000/- with interest at 6% per
annum from the date of claim petition till realization.
4. Being aggrieved by the judgment and award dated
28.09.2018 passed by the tribunal, claimants being the
mother, brother and sister of the deceased are before this
Court seeking enhancement of compensation.
5. Sri. Babu H Metagudda, learned counsel for the
appellants reiterating the grounds urged in the
memorandum of appeal submits that the deceased was
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earning a sum of Rs.18,000/- per month by carrying out
the business of mobile repair and service centre, he refers
to the Ex-P7-Certificate of qualification of the deceased
and also Ex-P8-License issued by the PDO, Vadageri
Village Panchayat permitting the deceased to carry on the
business of mobile repair and service centre, relying upon
the said documents submits that the deceased being
skilled and qualified was earning the said sum of
Rs.18,000/- and without taking same into consideration
the tribunal has assessed the income at Rs.9,000/-. He
further submits that the Tribunal has not awarded future
prospects and compensation under conventional heads as
enunciated by the Hon'ble Apex Court in National
Insurance Company Limited v. Pranay Sethi and
others reported in (2017) 16 SCC 680 and in Magma
General Insurance Company Limited vs. Nanu Ram
Alias Chuhru Ram and others reported in (2018) 18
SCC 130. Hence, seeks for enhancement.
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6. Sri. Sudarshan M, learned counsel for the
respondent No.2-Insurance Company submits that even as
per the chart prepared by the Karnataka State Legal
Services Authority, the notional income in respect of the
victims of the road traffic accident of the year 2016 is
determined at Rs.8,750/- per month and the tribunal has
assessed the income at Rs.9,000/-, which is higher than
the notional income determined by the KSLA. Thus, he
submits that there is no requirement for further
enhancement.
7. Heard the learned counsel for the parties and
perused the records.
8. Only point that requires consideration is quantum
of compensation. Though the claimants contended that
the deceased was earning Rs.18,000/- per month by
carrying out the business of mobile repair and service
centre, except production of Ex-P7- and Ex-P8 being
documents regarding his qualification and the license
issued by the concerned PDO no other documentary
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evidence has been produced. Though the tribunal has
assessed the notional income at Rs.9,000/-, the fact
remains that the deceased was running the business of
mobile repair and service centre as evidence by Ex-P8, It
can be presumed that he was possessing skill required in
that field. In that view of the matter this Court is of the
considered view, the national income of the deceased be
assessed at Rs.9,500/-. In view of the law laid down by
the Hon'ble Apex Court in the case of Pranay Sethi
(supra), 40% of the income assessed has to be added to
the income of deceased. The deceased was stated to be a
bachelor, on such 50% of the income is deducted towards
his personal and living expenses. Considering his age of 22
years multiplier of '18' is applicable.
9. Calculated as above claimant would be entitled
for a sum of Rs. 14,36,400/- towards loss of dependency
as under;
(Rs.9,500/-+40%=13,300/-)
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Rs. 13,300/- -50%/- X12 X 18= Rs.14,36,400/-
10. Though the tribunal has awarded 75,000/-
towards 'love and affection' and 25,000/- towards 'loss of
estate' and Rs.50,000/- towards 'transportation and
funeral expenses'. Determination of compensation under
these heads has to be in terms of the law laid down by the
Apex Court in the case of in the case of MAGMA
GENERAL INSURANCE COMPANY LIMITED VS. NANU
RAM ALIAS CHUHRU RAM AND OTHERS reported in
(2018) 18 SCC 130. Accordingly, the mother of the
deceased is entitled for compensation under the head of
'loss of consortium' at Rs.40,000/-.
11. That apart the appellants/claimants would also
be entitled for a sum of Rs.15,000/- towards 'funeral
expenses' and a sum of Rs.15,000/- towards 'loss of
estate'.
12. Thus, in total the appellants/claimants are held
entitled for compensation of Rs.15,06,000/- instead of
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Rs.11,22,000/- as awarded by the Tribunal, which is as
under:
Sl.
Heads By Tribunal By This Court
No
1 Towards Loss of dependency Rs.9,72,000/- Rs.14,36,400/-
2 Towards Love and affection Rs.75,000 /- -
3 Towards loss of estate and funeral Rs. 25,000/- Rs.30,000/-
expenses
4 Loss of consortium - Rs.40,000/-
5 Towards transportation Rs.50,000/- -
Total Rs. 11,22,000 Rs.15,06,000/-
13. For the foregoing reasons, following:
ORDER
a) The appeal is partly allowed.
b) The appellants/claimants are entitled for a total
compensation of Rs.15,06,000/- instead of
Rs.11,22,000/- as awarded by the Tribunal with
interest at the rate of 6% per annum from the
date of claim petition till realization.
c) Respondent No.2-Insurance Company shall pay
the aforesaid compensation amount within an
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outer limit of six weeks from the date of receipt of
certified copy of this judgment.
d) The award of the Tribunal is modified accordingly.
Sd/-
JUDGE
RL
