Karnataka High Court
Smt Asma @ P Ashma vs United India Insurance Co Ltd on 29 November, 2023
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MFA No. 8050 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.8050 OF 2017(MV-D)
BETWEEN:
1. SMT. ASMA @ P. ASHMA,
W/O LATE ABDULLA K.P. @
K.P. ABDULLA,
AGED ABOUT 29 YEARS.
2. FATHIMATHUL AFRINA,
D/O LATE ABDULLA K.P. @
K.P. ABDULLA,
AGED ABOUT 11 YEARS.
3. AYISATHUL ASHIFA,
D/O LATE ABDULLA K.P. @
K.P. ABDULLA,
AGED ABOUT 7 YEARS.
Digitally signed
by JAI JYOTHI J 4. MUHAMMAD HAFIL
Location: S/O LATE ABDULLA K.P. @
HIGH COURT
OF K.P. ABDULLA,
KARNATAKA AGED ABOUT 5 YEARS.
5. SMT. BIPATHUMA,
W/O ISUBU BYARI @
CHERIYONU,
AGED ABUT 78 YEARS,
APPELLANTS 2 TO 4 ARE MINORS,
REPRESENTED BY THEIR NATURAL
GUARDIAN MOTHER APPELLANT NO.1
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MFA No. 8050 of 2017
All are R/AT D.NO.3-102(C)
KUDRADKA HOUSE,
MACHINA VILLAGE AND POST,
BELTHANGADY TALUK,
PRESENTLY
R/AT ZOHARA MANZIL,
5TH CROSS, KATIPALLA,
SURATHKAL,
MANGALURU.
...APPELLANTS
(BY SRI. GURUPRASAD B.R., ADVOCATE)
AND:
1. UNITED INDIA INSURANCE CO.LTD.,
LOCAL OFFICE: 2ND FLOOR,
RAMBHAVAN COMPLEX,
KODIALBAIL,
MANGALURU - 575 002.
REPRESENTED BY ITS MANAGER.
2. MR. GANESH N.,
S/O DOMBA GOWDA,
ADULT,
R/AT NELLIPALKE HOUSE,
NAVOORU POST AND VILLAGE,
BELTHANGADY TALUK.
...RESPONDENTS
(BY SRI. B.A. RAMAKRISHNA , ADVOCATE FOR R1;
VIDE ORDER DATED:20.09.2022, NOTICE TO
R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:15.06.2017 PASSED IN MVC
NO.1105/2016 ON THE FILE OF THE VI ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MACT, D.K, MANGALURU, 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:
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MFA No. 8050 of 2017
JUDGMENT
1. This appeal is filed by the claimants aggrieved by the
judgment and award passed in MVC.No.1105/2016 dated
15.06.2017, seeking enhancement of the compensation.
2. According to the claimants in the accident that took
place on 12.05.2016, the husband of the 1st claimant and
father of claimants 2 to 4 died in the accident. According
to them he was doing business and earning a sum of
Rs.50,000/- per month. As per the post mortem report
Ex.P5 the deceased was aged 43 years and the Trial Court
had taken monthly income at Rs.13,000/- and granted
compensation as follows :-
1 Loss of dependency Rs.16,38,000/-
2 Loss of consortium Rs. 25,000/-
3 Loss of love and Rs.1,15,000/-
affection
4 Funeral and other Rs. 25,000/-
expenses of deceased
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5 Conveyance charges Rs. 5,000/-
6 Loss of estate of the Rs. 25,000/-
deceased
Total Rs.18,33,000/-
3. Learned counsel appearing for the claimants submit
that according to the claimants the deceased was earning
a sum of Rs.50,000/- per month by doing business and in
support of their case, they have also marked Exs.P15 to
29. Learned counsel further submits that in spite of the
same, the Court below failed to consider the same and had
taken the income at Rs.13,000/- per month. It is
submitted that he was aged 43 years, the Court ought to
have taken future prospects at 25% which was also not
taken. Learned counsel submits that the compensation
awarded by the Court below is not just and reasonable.
4. On the other hand, learned counsel appearing for the
1st respondent/Insurance Company submits that though it
is stated that he was earning Rs.50,000/- and placed the
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documents as stated above, Court felt that the said
evidence was not convincing the Court had taken the
monthly income at Rs.13,000/-, which is also on the
higher side and he submits that no grounds are made out
for enhancement of compensation.
5. Having heard the learned counsels on either side,
perused the material on record.
6. It is stated that the deceased was earning an amount
of Rs.50,000/- per month and though they have marked
Exs.P15 to 29, the evidence is not convincing to show that
the deceased was earning an amount of Rs.50,000/- per
month. The accident is of the year 2016 and the Court
has already taken the monthly income at Rs.13,000/-. In
view of the same, this Court finds no reason to reconsider
the same. As contended by the learned counsel for the
claimants, 25% future prospectus of Rs.13,000/- comes to
Rs.3,250/-. If the same is added it comes to an amount
Rs.16,250/-. As there are five claimants 1/4th has to be
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deducted towards personal expenses i.e., Rs.4,062/-, if
the same is deducted, his contribution to the family would
be Rs.12,188 x 12 x 14 = Rs.20,47,584/-. Since there are
five claimants, compensation towards loss of consortium
would be Rs.2,20,000/- (5 x 44,000). An amount of
Rs.33,000/- is awarded towards funeral expenses.
7. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimants are entitled for
an amount of Rs.10,000/- towards legal expenses.
8. Accordingly the claimants are entitled for the
following compensation :-
1 Loss of dependency Rs.20,47,584/-
12,188 x 12 x 14
2 Loss of consortium Rs. 2,20,000/-
3. Funeral and other Rs. 33,000/-
expenses of deceased
4 Legal expenses Rs. 10,000/-
(2014) 11 SCC 178
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Total Rs.23,10,584/-
i) Accordingly, the Appeal of the claimants is
allowed-in-part, by enhancing the compensation
amount from Rs.18,33,000/- to Rs.23,10,584/-.
ii) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
iii) The respondent - Insurance Company shall
deposit the amount within a period of eight weeks
from the date of receipt of copy of the judgment. On
such deposit, the claimant is entitled to withdraw the
entire amount without furnishing any security.
iv) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified copy of
the order passed by this Court forthwith without any
delay.
vi) No costs.
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Pending miscellaneous petitions, if any, shall stand closed.
Sd/-
JUDGE
CT:SNN
