Karnataka High Court
Shri. Yunus S/O Jahangir Nadaf vs The Managing Director on 27 November, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2023:KHC-D:13851-DB
MFA No. 103565 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH 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. 103565 OF 2022 (MV-D)
BETWEEN:
1. SHRI. YUNUS S/O JAHANGIR NADAF,AGE 50 YEARS
AGE. 50 YEARSM OCC.COOLIE,
2. SMT. RIHANA W/O YUNUS NADAF,
AGE. 41 YEARS, OCC, HOUSEHOLD,
3. KU. SANIYA D/O YUNUS NADAF,
AGE. 21 YEARS, OCC. STUDENT,
ALL ARE R/O. AZAD MOHALLA MARDWADI,
ASTA, TALUKA. ASTA, DIST. SANGALI,
NOW RESIDING AT CTS NO.4547,
DEEPAK GALLI, GANDHI NAGAR,
BELAGAVI-590001.
... APPELLANTS
SHIVAKUMAR (BY SRI. HARISH S. MAIGUR, ADVOCATE)
HIREMATH
AND:
Digitally signed
by SHIVAKUMAR
HIREMATH 1. THE MANAGING DIRECTOR,
Date: 2023.12.05 VRL LOGISTIC LTD.,
10:51:39 +0530
REGISTERED & ADMINISTRATIVE OFFICE,
BENGALURU ROAD, VARUR, HUBBALLI,
DIST. DHARWAD-581207.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISION OFFICE, MARUTI GALLI,
BELAGAVI-590001.
... RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1;
SRI. S.S. KOLIWAD, ADVOCATE FOR R2)
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MFA No. 103565 of 2022
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 14.10.2022 PASSED
IN MVC NO.1177/2021 ON THE FILE OF THE VIII ADDITIONAL
DISTRICT JUDGE AND IX ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
VIJAYKUMAR A.PATIL, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants against the
judgment and award dated 14.10.2022 passed by the VIII
Addl. District Judge and IX Addl. MACT, Belagavi
(hereinafter referred to as 'Tribunal') in MVC
No.1177/2021 seeking for enhancement of compensation
awarded by the Tribunal.
2. Brief facts giving rise to filing of this appeal are
that on 10.02.2021 at about 5.30 p.m., one Anis Yunus
Nadaf was proceeding in Ertiga Car bearing No.MH-03/BC-
0799 from Harlapur towards Mumbai on Pune-Mubai
express way. When he reached near K.M. Mile Stone
No.35/100 within Dheku village limits, the driver of truck
bearing No.KA-25/C-7349 came behind in a high speed, in
a rash and negligent manner and dashed to the car which
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the said Anis Yunus Nadaf was driving. Resultantly, the
said Anis Yunus Nadaf sustained grievous injuries to his
head, right leg and right hand. Immediately he was
shifted to Astavinayak Hospital, New Panvel, Navi Mumbai
and thereafter he was shifted to Hiranandani Hospital,
Vashi, New Mumbai for further treatment wherein he was
treated as inpatient and underwent 4 to 5 surgeries.
While undergoing treatment, on 21.02.2021 at about 1.30
a.m., the said Anis Yunus Nadaf succumbed to the
injuries. It is averred that the claimants have spent a sum
of Rs.30,00,000/- towards medical treatment, conveyance
and funeral expenses of the deceased. The claimants filed
a claim petition before the Tribunal seeking compensation.
It is further averred that the deceased was hale and
healthy prior to the accident, aged 23 years old, working
as a driver on Maruti Ertiga Car bearing No.MH-03/BC-
0799 and getting salary of Rs.32,500/- p.m. including
bhatta. It is also averred that the accident occurred due
to rash and negligent driving of truck bearing No.KA-25/C-
7349 by its driver. The first respondent being the owner
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and second respondent being the insurer of the said
offending vehicle, are jointly and severally liable to pay the
compensation.
3. The respondents entered appearance before the
Tribunal. Respondent No.1 filed objections denying the
factum of accident, date, time, place and manner of
accident and also the medical expenses incurred by the
claimants. It is contended that the accident has occurred
solely due to rash and negligent driving of the deceased
himself. It is also contended that the driver of the
offending vehicle was holding valid licence at the time of
accident. If the claimants are entitled for any
compensation, the liability to pay the compensation may
be saddled on the respondent No.2 who is the insurer of
the vehicle and sought for dismissal of the claim petition.
4. Respondent No.2 denied the averments of the
claim petition and contended that the compensation
claimed by the claimants is exorbitant. It is further
contended that the driver of the offending vehicle was not
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possessing valid and effective driving licence on the date
of accident. Hence, it is not liable to pay the
compensation and sought for dismissal of the claim
petition.
5. The Tribunal framed the issues and recorded
the evidence of the parties. The claimant No.1 has
examined himself as P.W.1 and another witness as PW-2,
got marked Exs.P-1 to P-15 and respondents have not
examined any witness but marked Ex.R-1. The Tribunal on
appreciation of the material evidence on record, awarded
compensation of Rs.45,52,431/- along with 6% p.a.
interest. Being aggrieved by the same, the claimants are
in appeal.
6. Learned counsel Sri Harish Maigur appearing for
the appellant/claimants submits that the Tribunal has
committed an error in assessing the income of the
deceased at Rs.15,000/- p.m. as the deceased was
working as driver in Mumbai. He further submits that the
Tribunal has awarded only a sum of Rs.40,000/- towards
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loss of filial consortium to the parents of the deceased
which is contrary to the law laid down by the Hon'ble
Supreme Court in the case of Magma General
Insurance Company Limited Vs Nanu Ram1 and
prayed for enhancement of compensation.
7. Per contra, learned counsel Sri S.S. Koliwad
submits that the Tribunal has assessed the income based
on the notional income chart which does not call for any
interference. He further submits that the compensation
awarded by the Tribunal on the other heads is just and
proper and prayed for dismissal of the appeal.
8. Having heard the learned counsel for the
appellants/claimants, learned counsel for the respondent
No.2, perused the memorandum of appeal and Tribunal
records. The point that arises for consideration in this
appeal is:
"Whether the compensation awarded by the
Tribunal is just and proper?"
(2018) SCC 130
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9. The answer to the above point is in the negative
for the following reasons:
(a) It is not in dispute that in the accident that
occurred on 10.02.2021 at about 5.30 p.m.,
involving Ertiga Car bearing No.MH-03/BC-0799
and truck bearing No.KA-25/C-7349, one Anis
Yunus Nadaf sustained grievous injuries and
succumbed to the injuries on 21.02.2021 while
undergoing treatment in Hiranandani Hospital,
Vashi, New Mumbai. The Tribunal based on the
notional income chart, assessed the income of the
deceased at Rs.15,000/-p.m. The claimants have
examined PW-2 under whom the deceased was
working since 2 and ½ years as driver and he has
issued certificate, Ex.P-6. Taking note of the fact
that the deceased was working as driver in
Mumbai and the accident is of the year 2021, the
income assessed by the Tribunal is on the lower
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side. Hence, considering the oral testimony of
PW-2 and evidence on record i.e., Ex.P-6 and
taking judicial notice of the cost of living in
Mumbai in the year 2021 and the wages paid to
the private drivers including bhata, it would be
appropriate to assess the income of the deceased
at Rs.20,000/- p.m.
(b) The Tribunal has added 40% to the assessed
income under the head loss of future prospects
and adopted the multiplier of 18 based on the age
of the deceased and deducted 50% towards
personal and living expenses of the deceased as
he was bachelor, which do not call for any
interference. Hence, the claimants are entitled for
compensation under the head loss of dependency
as under:
Rs.20,000+8,000 (40% of Rs.20,000/-) = 28,000/-
Rs.28,000-14,000 (50% of Rs.28,000/-) = 14,000/-
Rs.14,000 x 12 x 18 = 30,24,000/-
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(c) The Tribunal has awarded a sum of Rs.40,000/-
towards loss of consortium only to the parents of
the deceased. However, it is settled law that the
each of the claimants would be entitled to
Rs.40,000/- towards filial and parental consortium
as held by the Hon'ble Apex Court in the case of
Magma General Insurance Company Limited
referred supra.
(d) The compensation awarded by the Tribunal
towards loss of estate and towards funeral
expenses is just and proper and does not call for
any interference.
(e) The compensation towards medical expenses
awarded by the Tribunal is unaltered.
10. Thus, the claimants would be entitled for
modified compensation on the following heads:
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Sl.No. Particulars Amount
1. Loss of dependency Rs.30,24,000/-
2. Loss of estate Rs.15,000/-
3. Funeral expenses and Rs.15,000/-
transportation of dead body
3. Loss of consortium Rs.1,20,000/-
(Rs.40,000 x 3)
4. Medical expenses Rs.19,14,431/-
Total Rs.50,88,431/-
11. In view of the aforementioned, we pass the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The judgment and award dated
14.10.2022 passed by the VIII Addl.
District Judge and IX Addl. MACT,
Belagavi in MVC No.1177/2021 is
modified and the claimants are entitled
to total compensation Rs.50,88,431/-
as against Rs.45,52,431/- awarded by
the Tribunal with interest at the rate of
6% per annum from the date of claim
petition till date of realization.
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(iii) 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.
(iv) Apportionment, deposit and
disbursement of the enhanced
compensation shall be made as per the
award of the Tribunal.
(v) Draw modified award accordingly.
(vi) Registry to transmit the records to the
Tribunal forthwith.
(vii) No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
NAA
CT:BCK
