Karnataka High Court
Ajay S/O Prakash Suryavanshi vs Syed Mehraj S/O. Syed Khaleel And ... on 3 January, 2023
Bench: Sreenivas Harish Kumar, T G Gowda
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
MISCELLANEOUS FIRST APPEAL NO.201150/2014 (MV)
C/w
MISCELLANEOUS FIRST APPEAL NO.201151/2014 (MV)
In MFA No.201150/2014
BETWEEN:
Ajay S/o Prakash Suryavanshi,
Age: 21 years, Occ: Meson,
R/o Village Sastapur,
Tq: Basavakalyan,
Dist.:Bidar-585401.
... Appellant
(By Sri Santosh H. Patil, Advocate)
AND:
1. Syed Mehraj S/o Syed Khaleel,
Age: Major, Occ: Business and
Owner of Vehicle bearing No.MP-24/A-6575
R/o H.No.6/150,
Gandhi Nagar Colony,
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2
Bailur,
Bidar-585401.
2. Smt. Eqbal Kour W/o Surjit Singh,
Age: Major, Occ: Household,
R/o H.No.1-1-193/1 Rao Taleem,
Bidar-585401.
3. The Division Manager,
New India Assurance Company Ltd.,
Near N.V. College,
Sangameshwar Colony,
Gulbarga-585103.
... Respondents
(By Sri Manvendra Reddy, Advocate for R3;
R1 & R2-Notice dispensed with v/o dtd.16.02.2016)
This Miscellaneous First Appeal is filed under Section
173(1) of MV Act, praying to allow this appeal, enhance and
modify the judgment and award dated 12.08.2013 in MVC
No.45/2012 passed by the Senior Civil Judge & Motor Vehicle
Accident Claims Tribunal Basavakalyan by enhancing the
compensation as claimed by the appellant in his claim
petition.
In MFA No.201151/2014
BETWEEN:
1. Waman S/o Govind Shinde,
Age: 47 years, Occ: Agriculture,
2. Uttambai W/o Waman Shinde,
Age: 41 years, Occ: Household,
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3
3. Sukvas S/o Waman Shinde,
Age: 17 years, Minor
4. Saroja D/o Waman Shinde,
Age: 15 years Minor
5. Chaitanya D/o Waman Shinde,
Age: 10 years Minor,
U/g of Claimant No.1
All are R/o Village Sastapur,
Tq: Basavakalyan,
Dist. Bidar-585401.
(Since appellant No.3, 4 & 5 are minors
they are represented by Appellant No.1)
... Appellants
(By Sri Santosh H. Patil, Advocate)
AND:
1. Syed Mehraj S/o Syed Khaleel,
Age: Major, Occ: Business and
Owner of Vehicle bearing No.MP-24/A-6575
R/o H.No.6/150, Gandhi Nagar Colony, Bailur,
Bidar-585401.
2. Smt. Eqbal Kour W/o Surjit Singh,
Age: Major, Occ: Household,
R/o H.No.1-1-193/1 Rao Taleem,
Bidar-585401.
3. The Division Manager,
New India Assurance Company Ltd.,
MFA No.201150/2014
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4
Near N.V. College, Sangameshwar Colony,
Gulbarga-585103.
... Respondents
(By Sri Manvendra Reddy, Advocate for R3;
R1 & R2 - Notice dispensed with V/o dtd.16.12.2016)
This Miscellaneous First Appeal is filed under Section
173(1) of MV Act, praying to allow this appeal, enhance and
modify the judgment and award dated 12.08.2013 in MVC
No.46/2012 passed by the Senior Civil Judge & Addl. Motor
Vehicle Accident Claims Tribunal Basavaklyan by enhancing
the compensation as claimed by the appellants in this claim
petition.
These appeals coming on for hearing, through physical
hearing/video conference, this day T.G. Shivashankare
Gowda, J., delivered the following:
JUDGMENT
In these appeals the appellants have challenged the
judgment dated 12.08.2013 passed in MVC No.45 of 2012
and MVC No.46 of 2012 on the file of the Senior Civil Judge
and Additional Motor Accident Claims Tribunal,
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Basavakalyana (Hereinafter referred to as 'Tribunal' for
short).
2. The parties will be referred with respect to their
status before the Tribunal for the sake of convenience.
3. Briefly stated, the facts are that, the petitioner in
MVC No.45/2012 is Ajay, the injured. The petitioners in MVC
No.46/2012 are the parents and brother and sisters of Arun,
the deceased. The injured and the deceased have suffered
severe injuries in a road accident that took place on
24.09.2012 behind Pooja Travels Bus at Basaveshwar Chowk
Sastapur Bangalow road at 8-30pm hit by Lorry bearing
registration No.MP-24/A-6575. The deceased succumbed to
injuries at spot and the injured sustained fracture, taken
treatment under hospitalisation. They claimed compensation
of Rs.21,00,000/- each. They pleaded that both were aged
21 years, working as maison in a company and earning
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Rs.500/- per day. The claim was opposed by the Insurance
Company. The Tribunal awarded Rs.1,56,000/- for the
injured and Rs.6,21,000/- for the deceased dependents with
6% interest.
4. The petitioners have pleaded inadequacy in the
compensation awarded by the Tribunal. Income taken at
Rs.4,000/- is on lower side, less amounts have been awarded
towards conventional heads and also the compensation on
different heads for the injured.
5. According to the learned counsel for petitioners,
the deceased as well as the injured were earning Rs.15,000/-
per month, lesser is the award under different heads
including conventional heads and accordingly he sought for
re-assessment and enhancement.
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6. Per contra, learned counsel for Insurance
Company contended that amount granted towards
conventional head is on higher side, the amount granted
towards future prospects is correct, income taken is on par
with the prevailing with minimum wages, there is no reason
to increase the income and percentage of disability to the
injured and supported the impugned judgment.
7. We have given our anxious consideration to the
arguments addressed on behalf of the parties and perused
the records.
8. As seen from the impugned judgment, there is no
dispute as to the accident, cause of the accident, injury
sustained by the injured, death of the deceased on account of
accident and the petitioners' entitlement to claim the
compensation. It is also noticed that the Tribunal has taken
income of both at Rs.4,000/-. Admittedly there is no proof of
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income as both were masons doing private work. The
accident was on 2012, the notional income one can assess is
not less than Rs.6,500/-. There is no dispute with regard to
age of the injured and deceased at 21. By applying the
principles laid down in National Insurance Company
Limited vs. Pranay Sethi and Others -2017 ACJ 680
future prospects should be taken as 40% for age below 40
years and the compensation towards conventional head has
been settled. For the age of 21, applicable multiplier as per
decision of Apex Court in the case of Sarla Verma v. DTC-
(2009)6 SCC 121, is '18'.
9. The medical records such as Ex.P.4 and 12 along
with evidence of PW.3 Dr.Rajkumar Kanade, the treating
doctor point out the fracture of right iliac bone and inferior
left pubic ramus suffered by the injured with 40% disability.
The Tribunal assessed whole body disability at 10%, which is
acceptable. Except the medical expenses, attendant charges
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the compensation assessed by the Tribunal under different
heads is on the lower side and not proportionate the gravity
and nature of the injury, and it needs modification.
10. If all these factors are taken into consideration the
assessment of compensation to the injured is: Towards 1.
Pain and Suffering Rs.40,000/- as against Rs.25,000/-, 2.
Loss of Amenities and discomforts Rs.30,000/- as against
Rs.10,000/-, 3. Medical expenses of Rs.53,000/-, 4.
Attendant charges Rs.5,000/-, 5. Food and Nourishment
Rs.5,000/- as against Rs.3,000/-, 6.Loss of income during
laid up at Rs.19,500/- as against Rs.12,000/- for 3months at
the rate of Rs.6,500/- per month and 7. Loss of income due
to disablity at Rs.1,40,000/-(6,500/- x 12x18x10%) as
against Rs.48,000/-. In all Rs.2,92,900/- as against
Rs.1,56,000/- an enhancement of Rs.1,36,000/-.
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11. As regarding assessment of compensation on
account of death of the deceased is concerned; loss of
dependency would be: Rs.6,500/-(Notional Income) +
Rs.2,600/- (40% Future Prospects) = Rs.9,100/- per month.
The deceased was bachelor, 50% has to be deducted towards
personal expenses. Rs.4,550/-x12x18, it comes to
Rs.9,82,800/-. Under the conventional heads, each of the
parents is entitled to Rs.40,000/- towards loss of love and
affection. Towards loss of estate and funeral expenses
Rs.15,000/- each is assessed. The total compensation comes
to Rs.9,82,800/- + Rs.1,10,000/- = Rs.10,92,800/-, an
enhancement of Rs.4,71,800/- which is the just
compensation to which the petitioners are entitled. The
appeal filed by the petitioners deserves to be allowed
accordingly.
12. In the result, the following:
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ORDER
Both the appeals allowed in part.
The judgment and award passed by the
Tribunal is modified.
The petitioner in MVC No.45/2012 is entitled to
enhanced compensation of Rs.1,36,000/- with
interest at the rate of 6% per year.
The petitioners in MVC No.46/2012 are entitled
to enhanced compensation of Rs.4,71,800/- with
interest at the rate of 6% per year.
Rest of the judgment and award of the Tribunal
is kept intact.
The 3rd respondent/Insurance Company is
directed to satisfy the award within 8weeks from the
date of receipt of certified copy of this judgment.
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Office is directed to transfer the amount if any
in deposit, to the Tribunal, forthwith and also
transmit the records.
Sd/-
JUDGE
Sd/-
JUDGE
SBS*
