Karnataka High Court
Smt.Shafiya Begum W/O Anwarsab Shaikh vs Shri.Ashok S/O Rango Desai on 22 November, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
NC: 2023:KHC-D:13624-DB
MFA No. 103176 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103176 OF 2019 (MV-D)
BETWEEN:
1. SMT. SHAFIYA BEGUM W/O. ANWARSAB SHAIKH,
AGE. 51 YEARS, OCC. HOUSEHOLD WORK,
2. KUMARI. KOUSAR D/O. ANWARSAB SHAIKH,
AGE.25 YEARS, OCC. HOUSEHOLD WORK,
3. KUMARI. SAHEEN D/O ANWARSAB SHAIKH,
AGE. 24 YEARS OCC. HOUSEHOLD WORK,
ALL ARE R/O. GHODKE PLOT, ANAND NAGAR,
OLD HUBBALLI, HUBBALLI-580024.
- APPELLANTS
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SHRI. ASHOK S/O. RANGO DESAI,
AGE. 33 YEARS, OCC. OWNER,
Digitally
signed by
R/O. PADMANBA BUILDING, RAJAGIRI,
VINAYAKA
VINAYAKA B V DHARWAD, AT. PO. CHHABBI VILLAGE,
BV Date:
2023.11.28
11:56:15
TQ. HUBBALLI, DIST. DAHRWAD-581207.
+0530
2. THE MANAGER,
BHARATI AXA GENERAL INSURANCE CO. LTD.,
REPT. BY ITS AUTHORIZED OFFICER,
DIVISIONAL OFFICE, RELIANCE DIGITAL COMPLEX,
VIDYANAGAR, HUBBALLI,
REGISTERED OFFICE,
I FLOOR, FERMS ICON, SURVEY NO.29,
DOODENEKUNDI OFF, OUTER RING ROAD,
BENGALURU-560037.
- RESPONDENTS
(BY SRI. K.L. PATIL, ADVOCATE FOR R1,
SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2)
-2-
NC: 2023:KHC-D:13624-DB
MFA No. 103176 of 2019
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 29.03.2019 PASSED
IN MVC NO.881/2016 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
VIJAYKUMAR A.PATIL J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section 173(1) of the Motor
Vehicles Act, 1988 by the appellants/ claimants seeking
enhancement of compensation awarded under judgment and
award dated 29.03.2019 passed in MVC No.881/2016 on the
file of learned III Addl. Senior Civil Judge and Addl. MACT,
Hubballi (for short, 'Tribunal').
2. Brief facts raising to filing of this appeal are that on
10.10.2015 son of the petitioner no.1 and elder brother of
the petitioner nos.2 and 3, by name Mohammed Rafiq
Anwarsab Shaikh was going towards Dharwad on a
motorcycle bearing registration No.KA-25-TC-64, as a pillion
rider. When the motocycle came near Prithvi Garden hotel
on Kalghatagi-Dharwad road, a car bearing regn. No. KA-25-
MA-3579 came in a high speed with rash and negligent
manner driven by its driver came from opposite direction and
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dashed the motorcycle, the said car also hit another
motorcycle bearing reg. no. KA-25-EM-3225 coming behind
the motorcycle of Mohammad Rafiq and caused the accident.
As a result of which, the said Mohammad Rafiq sustained
grievous injuries, later he succumbed to the injuries on the
way to the hospital. It is averred that the deceased was
aged 29 years at the time of the accident, and he was hale
and healthy and was an carpeter earning a sum of
Rs.20,000/- per month. The claimants are the mother and
sisters.
3. The respondent No.1/owner of the car filed written
statement denying the averments made in the claim petition.
It is averred that as on the date of accident, the vehicle was
insured with the respondent no.2 and the driver of the
vehicle possessed valid and effective driving licence. Hence,
prayed for dismissal of the claim petition as against him.
The respondent No.2-insurer of the offending vehicle though
served remained exparte.
4. The Tribunal has recorded the evidence of the parties.
The claimant No.1-sister of the deceased examined herself
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as P.W.1 and examined one more witness as PW2 and got
marked Exs.P.1 to Ex.P.8. The respondents have not
adduced any evidence. The Tribunal on appreciation of the
entire material on record, awarded a total compensation of
Rs.11,25,000/- with 8% interest per annum from the date of
petition till the date of realization. Aggrieved by the same,
the claimants are before this Court seeking enhancement of
compensation.
5. Learned counsel Sri. Harish S Maigur, appearing for the
appellants-claimants submits that the Tribunal has
committed an error in not awarding compensation under the
head of loss of future prospects as per the judgment of the
Hon'ble Supreme Court in the case of National Insurance
Co. Ltd., Vs. Pranay Sethi and others1 and also submits
that award of the compensation under other heads also on
lower side.
6. Per contra, Sri.Nagaraj C. Kolloori, learned counsel for
the respondent No.2-Insurance Company vehemently
contends that the Tribunal has rightly assessed notional
2017 ACJ 2700
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income of the deceased. He further submits that rate of
interest awarded by the Tribunal on the compensation
amount at 8% per annum is on the higher side and it has to
be reduced to 6% per annum. It is further submitted that
the Tribunal has awarded just and reasonable compensation
on various heads, which do not warrant interference at the
hands of this Court. Hence, he seeks to dismiss the appeal.
7. We have heard the learned counsel for the appellants
as well as learned counsel for the respondent No.2 and
perused the appeal papers along with original records.
8. Having heard the learned counsel for the parties and on
perusal of the material available on record, the following
points would arise for our consideration in the present
appeal:
Whether the appellants/claimants would be entitled
for enhanced compensation?
9. Answer to the above point would be in the affirmative
for the following reasons:
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(a) The parties to the proceedings do not dispute the
accident and the liability of the Insurance Company. As
rightly contended by the learned counsel for the appellants,
the Tribunal is not right in not adding future prospects to the
assessed income of the deceased. The deceased was aged
29 years and working on fixed salary. In view of law laid
down in Pranay Sethi (supra) 40% of the notional income
to be added to the monthly income of the deceased.
(b) In view of the ratio laid down by the Hon'ble
Supreme Court in Magma Magma General Insurance
Company Limited Vs. Nanu Ram & Others2, each of the
claimants would be entitled to Rs.40,000/- under the head
of loss of consortium. The claimants are also entitled for
Rs.15,000/- each towards loss of estate and towards
transportation of dead body and funeral expenses.
c) Thus, the appellants/claimants are entitled for
compensation under the head loss of dependency as under:
Rs.10,000 + 40% x 12 X 17 - 1/2 = Rs.14,28,000/-
2018 ACJ 2782
NC: 2023:KHC-D:13624-DB
(d) The appellants are entitled for the following
modified compensation with interest at the rate of 6%:
1 Loss of dependency 14,28,000.00
2 Loss of consortium (Rs.40,000/- each 1,20,000.00
to appellants No.1 to 3)
3 Transportation of dead body and 15,000.00
Funeral expenses
4 Loss of estate 15,000.00
Total 15,78,000.00
Compensation awarded by the tribunal 11,25,000.00
Enhanced compensation 4,53,000.00
10. Thus, the claimants would be entitled to total
compensation of Rs.15,78,000/- as against Rs.11,25,000/-
awarded by the Tribunal.
11. Hence, we proceed to pass the following order:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated
29.03.2019 passed in MVC No.881/2016
by the Tribunal, is modified to an extent
that the claimants would be entitled to
total compensation of Rs.15,78,000/- as
against Rs.11,25,000/- awarded by the
Tribunal.
iii. The enhanced compensation amount of
Rs.4,53,000/- shall carry interest at the
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rate of 6% per annum from the date of
petition till date of payment.
iv. Respondent/Insurance Company shall
deposit the enhanced compensation
amount along with accrued interest before
the Tribunal within a period of six weeks
from the date of receipt of certified copy
of this judgment.
v. The apportionment & disbursement of
enhanced compensation shall be made in
terms of the award of the Tribunal.
vi. Registry to transmit the records to the
Tribunal forthwith.
vii. Draw modified award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
bvv
list no.: 1 sl no.: 48
