Karnataka High Court
Smt Raziya Begum vs United India Insurance Co.Ltd on 21 November, 2023
-1-
NC: 2023:KHC:42351
MFA No. 389 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 389 OF 2017 (MV-D)
BETWEEN:
1. SMT RAZIYA BEGUM
AGED ABOUT 27 YEARS,
W/O LATE KHALANDAR KHAN
R/AT MUTHANALLURU CROSS,
DOMMASANDRA,
SARJAPURA HOBLI,
ANEKAL TALUK
BANGALORE RURAL DISTRICT
2.00. BABY NAZIYA BEGUM @ NAZIYA KHANAM
AGED ABOUT 9 YEARS,
D/O LATE KHALANDAR KHAN
MINOR REPRESENTED BY MOTHER
SMT. RAZIYA BEGUM NATURAL GUARDIAN
R/AT MUTHANALLURU CROSS,
Digitally signed
by JAI JYOTHI J DOMMASANDRA, SARJAPURA HOBLI,
Location: ANEKAL TALUK BANGALORE RURAL DISTRICT
HIGH COURT
OF
KARNATAKA 3.00. MAST. KAISAR KHAN
AGED ABOUT 7 YEARS,
S/O LATE KHALANDAR KHAN
MINOR REPRESENTED BY MOTHER
SMT. RAZIYA BEGUM NATURAL GUARDIAN
R/AT MUTHANALLURU CROSS,
DOMMASANDRA, SARJAPURA HOBLI,
ANEKAL TALUK BANGALORE RURAL DISTRICT
...APPELLANTS
(BY SRI.N.R.RANGE GOWDA.,ADVOCATE)
-2-
NC: 2023:KHC:42351
MFA No. 389 of 2017
AND:
1. UNITED INDIA INSURANCE CO.LTD.,
BY ITS MANAGER,
T.P.HUB, 6TH FLOOR,
KRISHI BHAVAN BUILDING,
HUDSON CIRCLE,BANGALORE
2. MR. GURU SWAMY
S/O BUSSAIAH,
NO.264/4, KAIKONDRAHALLI,
SARJAPURA ROAD,
BENGALURU -560034
...RESPONDENTS
(BY SRI KRISHNA KISHORE.,ADVOCATE FOR R-1; NOTICE
TO R-2 US DISPENSED WITH V.O.D 31.03.2023)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:24.02.2016 PASSED
IN MVC NO.565/2012 ON THE FILE OF THE XXII
ADDITIONAL SMALL CAUSES JUDGE, & XX ACMM,
MEMEBER, MACT, BENGALURU,(SCCH-24), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by
the award passed in MVC.No.565/2012 dated 24.02.2016
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on the file of XXII Addl. Small Causes Judge & XX ACMM &
MACT, Bengaluru seeking enhancement of the
compensation.
2. The claim petition is filed seeking compensation
of an amount of Rs.20,00,000/- for the death of the
deceased in the accident dated 16.11.2011. According to
the claimant, he was working as driver of Autorickshaw
and earning an amount of Rs.300/- per day. The court
below as there was no evidence had taken an amount of
Rs.5,000/- as income and granted an amount of
Rs.9,60,000/- under the head of loss of dependency.
Towards consortium granted an amount of Rs.20,000/-,
towards loss of love and affection granted an amount of
Rs.10,000/-, towards Transportation granted an amount of
Rs.5,000/- and towards Funeral and obsequies granted an
amount of Rs.10,000/-. Altogether compensation of an
amount of Rs.10,05,000/- was awarded by the Tribunal.
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3. Learned counsel for the claimant submits that
the accident had happened in the year 2011 and the court
below had taken an amount of Rs.5,000/- as income which
is on the lower side. It is submitted that even under the
other conventional heads also the amounts that were
granted by the Tribunal were not reasonable.
4. Learned counsel for the Insurance Company
submits that as there was no evidence with regard to the
income, the court below had rightly taken income at
Rs.5,000/- and no grounds are made out for enhancement
of the compensation.
5. Having heard the learned counsel on either
side, perused the entire material on record. In this case,
the wife and two minor children are the claimants.
According to them the deceased was earning an amount of
Rs.9,300/-, no doubt there is no evidence adduced in that
regard, as the deceased was working as autorickshaw
driver, considering the fact that this is an accident of the
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year 2011, this court is inclined to take an amount of
Rs.6,500/- as income. His age is aged 32 years, he is
entitled for 40% future prospects. It comes to an amount
of Rs.2,600/- i.e, 9,100/- (Rs.2,600/- + Rs.6,500/-). The
claimant are three in number, 1/3rd has to be deducted
towards personal expenses, it comes to Rs.3,033/-. If the
same is deducted, Rs.6,067 would be his contribution to
the family. Towards loss of dependency they are
entitled for an amount of Rs.11,64,864/- (Rs.6,067/- x
12 x 16 = 11,64,864). As there are three claimants,
under the head of consortium, Rs.44,000/- x 3 they are
entitled for an amount of Rs.1,32,000/-. Towards
funeral expenses, they are entitled for an amount of
Rs.33,000/-.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA -vs- M.
MALATHI AND ANOTHER 1, the claimants are entitled
(2014) 11 SCC 178
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for an amount of Rs.10,000/- towards legal expenses.
Altogether the claimant is entitled for an amount
Rs.13,27,864/- at 6% interest.
7. The claimants are entitled for compensation
under the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Loss of dependency Rs. 11,64,864/-
2. Consortium Rs. 1,32,000/-
3. Funeral Expenses Rs. 33,000/-
4. Legal Expenses Rs. 10,000/-
Total Rs. 13,39,864/-
8. Accordingly, the appeal filed by the claimants is
Allowed-in-part by enhancing the compensation amount
from an amount of Rs.10,05,000/- to Rs.13,39,864/-.
(a) The enhanced amount shall carry interest
@ 6% per annum from the date of
petition, till the date of realization.
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(b) Respondent-Insurance Company shall
deposit the said compensation amount
with accrued interest before the tribunal
within a period of 8 (Eight) weeks.
(c) The Registry is directed to return the Trial
Court Record to the Tribunal along with
the certified copy of the order passed by
this court forthwith without any delay.
(d) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
TS
