Karnataka High Court
Smt Shweta W/O Maruthi Bhajantri vs Sri Ashish S/O Ajeet Shete on 27 June, 2023
Bench: S G Bysgpj, Vapj
-1-
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102662 OF 2020 (MV-D)
C/W
MFA CROSS OBJ NO. 100089 OF 2022
IN MFA. NO. 102662/2020
BETWEEN:
Digitally 1. SMT. SHWETA W/O. MARUTHI BHAJANTRI,
signed by
JAGADISH T R AGE: 25 YEARS, OCC: HOUSEHOLD WORK,
Location:
DHARWAD R/O: KONANAKERI, TQ: SHIGGAON,
Date:
2023.07.03 DIST: HAVERI-581205.
15:57:57 -0700
2. CHETANA D/O. MARUTHI BHAJANTRI,
AGE: 9 YEARS, OCC: STUDENT,
3. SHINCHANA D/O. MARUTHI BHAJANTRI,
AGE: 7 YEARS, OCC: STUDENT,
4. SMT. YALLAVVA W/O. CHANNAPPA BHAJANTRI,
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O: KONANAKERI, TQ: SHIGGAON,
DIST: HAVERI-581205.
NOTE:SINCE APPELLANT NO.2 AND 3 ARE MINORS
REPRESENTED BY THEIR NATURAL GUARDIAN
MOTHER I.E. SMT. SHWETA.
...APPELLANTS
(BY SRI. G.R. TURAMARI, ADVOCATE)
AND:
1. SRI. ASHISH S/O. AJEET SHETE,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: C/O. PADMAMBA TRANSPORT SHOP NO. 1,
CORPORATION BUILDING, GRADENPETE, P.B. ROAD,
-2-
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580010.
(OWNER OF GOODS LORRY
BEARING REG.NO. KA-63/0295)
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
2ND FLOOR, SRINATH COMPLEX,
NEW COTTON MARKET,
HUBBALLI, DIST: DHARWAD-580010.
...RESPONDENTS
(BY SRI. S.V. YAJI, ADV FOR R2)
(NOTICE TO R1 DISPENSED WITH)
THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 04.03.2020
PASSED IN MVC NO.1461/2018 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, AND SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, SHIGGAON, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.CROB NO. 100089/2022
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LTD.,
2ND FLOOR, SRINATH COMPLEX,
NEW COTTON MARKET, HUBLI-580 029.
...CROSS OBJECTOR
(BY SRI. S.V. YAJI, ADVOCATE)
AND:
1. SMT. SWETA KOM MARUTI BHAJANTRI,
AGE: 27 YEARS, OCC: HOUSEWORK,
R/O: KONANAKERI, TQ: SHIGGAON,
DIST: HAVERI-581 193.
2. CHETANA D/O. MARUTI BHAJANTRI,
AGE: 11 YEARS, OCC: STUDENT,
-3-
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
R/O: KONANAKERI, TQ: SHIGGAON,
DIST: HAVERI-581 193.
3. SINCHANA D/O. MARITI BHAJANTRI,
AGE: 09 YEARS, OCC: STUDENT,
R/O: KONANAKERI, TQ: SHIGGAON,
DIST: HAVERI-581 193.
(RESP. NO. 2 AND 3 ARE MINORS
REPRESENTED BY NATURAL MOTHER RESP.NO.1)
4. SMT. YALLAVVA KOM CHANNAPPA BHAJANTRI,
AGE: 59 YEARS, OCC: HOUSEWIFE,
R/O: KONANAKERI, TQ: SHIGGAON,
DIST: HAVERI-581 193.
5. ASHIS KOM AJIT SHET,
AGE: 43 YEARS, OCC: BUSINESS,
C/O: PADMAMBAM TRANSPORT,
SHOP NO. 1, CORPORATION BUILDING,
GARDEN PETE, P.B. ROAD,
HUBBALLI-580 023.
...RESPONDENTS
(BY SRI. G.R. TURAMARI, ADVOCATE)
THIS MFA.CROB IN MFA NO.102662/2020 FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND
AWARD DATED 04.03.2020 PASSED IN MVC NO. 1461/2018 ON
THE FILE OF THE CIVIL JUDGE AND MEMBER, SHIGGAON,
AWARDING COMPENSATION OF Rs.23,38,000/- WITH INTEREST
AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
PAYMENT.
THESE MFA AND MFA.CROB, ARE COMING ON FOR
ADMISSION, THIS DAY, S.G. PANDIT J., DELIVERED THE
FOLLOWING:
-4-
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
JUDGMENT
In the above two appeals, both the claimants and the
Insurer are in appeal against the Judgment and award
dated 04.03.2020 in MVC No.1461/2018 on the file of the
Motor Accident Claims Tribunal, Shiggaon (for short,
'Tribunal').
2. The Insurer is in appeal questioning the
quantum and praying for reduction of the compensation,
whereas, the claimants are in appeal not being satisfied
with the quantum of compensation and prays for
enhancement of compensation.
3. The claimants are wife, children and mother of
the deceased i.e. Maruti Bhajantri. The accident that
occurred on 15.05.2018 between the motorcycle bearing
Chassis No.MBLHA11AZH4M1587 and Engine
No.HA11EKH4M1429 and a lorry bearing registration
No.KA-63/0295 and resultant death of Maruti Bhajantri,
the husband of the first claimant is not in dispute in this
appeal. The claimant stated that the deceased was earning
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
Rs.20,000/- per month, by coolie work and that the
deceased was aged 25 years as on the date of death.
4. The respondent-insurer on issuance of notice,
appeared and filed its statement of objections contending
that the driver of the offending vehicle had no valid and
effective driving license as on the date of accident and also
contended that the deceased was also not having valid and
effective driving license.
5. Before the Tribunal, the wife of the deceased
examined herself as PW1 and marked documents as Ex.P1
to P20 and no evidence was lead on behalf of the
respondents. The Tribunal based on the material on record
awarded total compensation of Rs.23,38,000/- with 6%
interest per annum on the following heads:
Sl.No. Particulars Amount
1. Loss of dependency Rs.22,68,000/-
2. Loss Love and Affection Rs.40,000/-
3. Loss of estate Rs.15,000/-
4. Towards Funeral expenses Rs.15,000/-
Total Rs.23,38,000/-
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
6. While awarding the above compensation, the
Tribunal assessed the income of the deceased at
Rs.10,000/- per month, assessed the age of the deceased
at 25 years, added 40% of the assessed income towards
future prospects and deducted 1/4th towards personal and
living expenses of the deceased and adopted multiplier of
18. The claimants not being satisfied with the quantum of
compensation awarded by the Tribunal and Insurer
praying for reduction of compensation, are before this
Court praying for enhancement of compensation.
7. Heard Sri.G.R.Turamari, learned counsel for the
appellants-claimants and Sri.S.V.Yaji, learned counsel for
the respondent-Insurance Company and perused the
appeal papers along with original records.
8. Sri.S.V.Yaji, learned counsel for the insurance
company would submit that the insurance company is in
appeal questioning only quantum of compensation
awarded. He would submit that the Tribunal committed an
error in assessing the age of the deceased at 25 years
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
contrary to Ex.P12 - ration card produced by claimants
themselves. He submits that the Tribunal proceeded to
assess the age of the deceased at 25 years based on the
Postmortem report at Ex.P6. He submits that when the
claimants themselves have produced Ex.P12 - ration card
which indicates the age of the deceased as 28 years in the
year 2013, the Tribunal ought to have taken the age of the
deceased as 33 years as on the date of the accident. Thus,
he prays for taking the age of the deceased as 33 years
and assess the compensation.
9. Learned counsel Sri.G.R.Turamari for claimants
submits that the Tribunal committed an error in assessing
the income of the deceased as Rs.10,000/- per month and
prays for assessing the income of the deceased at
Rs.11,750/- based on the chart prepared by the KSLSA.
Further, learned counsel would submit that the Tribunal
failed to award compensation towards consortium which
the claimants would be entitled in terms of the Hon'ble
Apex Court in the case of Magma General Insurance
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
Company Ltd., Vs. Nanu Ram and Others1. Thus, he
prays for allowing the appeal and enhance the
compensation.
10. Having heard the learned counsel for the parties
and on perusal of the appeal papers, the only point that
would falls for consideration in this appeal is,
Whether the claimants would be entitled
for enhanced compensation in the facts and
circumstances of the case?
11. Our answer to the above point is in the
affirmative for the following reasons.
12. As stated above, the accident involving
motorcycle bearing Chassis No.MBLHA11AZH4M1587 and
Engine No.HA11EKH4M1429 and a lorry bearing
registration No.KA-63/0295 and resultant death of Maruti
Bhajantri, the husband of the first claimant are not in
dispute in these appeals.
2018 ACJ 2782
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
13. Learned counsel for the insurer contended that
the Tribunal erred in taking the age of the deceased at 25
years, based on Postmortem report at Ex.P6. We have
perused Ex.P6 - Postmortem report as well as Ex.P12 -
ration card which is produced by the claimants
themselves. In Ex.P12-Ration Card, the age of the
deceased is shown as 28 years in the year 2013. The
accident is of the year 2018. If 5 years is added to 28
years as shown in 2013, the age of the deceased would be
33 years as on the date of accident. When a public
document produced by the claimants themselves was
available on record, the Tribunal committed an error in
taking the age mentioned in Postmortem Report at Ex.P6.
Thus, we take the age of the deceased as 33 years at the
time of the accident for computation of compensation.
Thus, when the age of the deceased is taken at 33 years,
appropriate multiplier would be 16.
14. Further, the Tribunal rightly added 40% of the
income towards future prospects and rightly deducted
- 10 -
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
1/4th towards personal and living expenses of the
deceased. Thus, the claimants would be entitled for
compensation on the head of loss of dependency at
Rs.23,68,800/- (Rs.11,750 + 40% x 12 x 16 x 3/4).
15. The claimants are wife, children and mother of
the deceased. In terms of the decision of the Hon'ble Apex
Court in the case of Magma General Insurance
Company (supra), the claimants would be entitled to
consortium in a sum Rs.40,000/- each towards spousal,
parental and filial, apart from Rs.30,000/- towards loss of
estate and expenses towards transportation of dead body
and funeral expenses. Thus, the claimants would be
entitled for modified compensation on the following heads:
Sl.No. Particulars Amount
1. Loss of dependency Rs.23,68,800/-
(Rs.11,750 (income per month) +
Rs.4,700 (40% towards future
prospects) =16,450 x 12 (months) x
16 (multiplier) x 3/4 (1/4th
deduction)
2. Loss of estate & Funeral expenses & Rs.30,000/-
transportation of dead body
3. Spousal, Parental & Filial consortium Rs.1,60,000/-
(Rs.40,000/- each claimants)
Total Rs.25,58,800/-
- 11 -
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
16. Thus, the claimants would be entitled to total
compensation of Rs.25,58,800/- as against
Rs.23,38,000/- awarded by the Tribunal.
17. Hence, we pass the following:
ORDER
a) The appeal and the Cross Objections are
allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to the extent that the
claimants are entitled to total compensation
Rs.25,58,800/- as against Rs.23,38,800/-
awarded by the Tribunal.
c) The enhanced compensation amount will
bear interest at the rate of 6% per annum
from the date of claim petition till date of
realization.
d) The respondent-Insurance Company shall
deposit the enhanced compensation amount
with accrued interest before the Tribunal
within six weeks from the date of receipt of
certified copy of this judgment.
- 12 -
NC: 2023:KHC-D:6341-DB
MFA No. 102662 of 2020
C/W MFA.CROB No. 100089 of 2022
e) Apportionment, deposit and disbursement of
the enhanced compensation shall be made
as per the award of the Tribunal.
f) Draw modified award accordingly.
g) Registry to transmit the records to the
Tribunal forthwith.
h) No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
NC
