Karnataka High Court
Hasansab S/O Ismailsab Choudhari And ... vs Sharukh S/O Babasab Pathan And Anr on 29 November, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
-1-
NC: 2023:KHC-K:8915
MFA No. 202195 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO. 202195 OF 2022 (MV-D)
BETWEEN:
1. HASANSAB
S/O ISMAILSAB CHOUDHARI,
AGE: 48 YEARS, OCC: COOLIE,
2. RAFIQ
S/O HASANSAB CHOUDHARI,
AGE: 23 YEARS, OCC: NIL,
3. SHARUKH
S/O HASANSAB CHOUDHARI,
AGE: 21 YEARS, OCC: NIL,
Digitally signed 4. ASHAMA
by LUCYGRACE D/O HASANSAB CHOUDHARI,
Location: HIGH AGE: 19 YEARS, OCC: NIL,
COURT OF
KARNATAKA ALL ARE R/O. RAMPUR R.C.,
TQ. MOHOL, DIST. SOLAPUR,
TQ. AND DIST. BAGALKOT.
...APPELLANTS
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
-2-
NC: 2023:KHC-K:8915
MFA No. 202195 of 2022
AND:
1. SHARUKH
S/O BABASAB PATHAN,
AGE: 43 YEARS, OCC: BUSINESS,
R/O. IQBAL NAGAR, B. BAGEWADI,
DIST. VIJAYAPURA-586101.
2. THE BRANCH MANAGER
ORIENTAL INSURANCE CO. LTD.,
1ST FLOOR, BIDARI COMPLEX,
S.S. FRONT ROAD,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. MANVENDRA REDDY , ADVOCATE FOR R2;
VIDE ORDER DATED 09.11.2023 NOTICE TO R1
IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
AMOUNT PAYABLE TO THE APPELLANT BY SUITABLY
MODIFYING THE JUDGMENT AND AWARD DATED 07.10.2021
PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER, MACT-VII, VIJAYAPURA IN MVC
NO.1151/2019.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants being husband and
children of one deceased-Maheboobi aggrieved by the
Order dated 07.10.2021 passed in M.V.C.No.1151/2019 by
NC: 2023:KHC-K:8915
which the tribunal while partly allowing the claim petition
awarded a sum of Rs.12,70,000/- with interest at 6% p.a.
2. The accident in question that occurred on involving
motor cycle bearing registration No.KA-28-EV-5773
resulting in the death of the deceased-Maheboobi is not in
dispute. The said motor vehicle having been insured by
the respondent-Insurance company is also not in dispute.
The only question being raised by the appellants is the
assessment of income of the deceased and deduction of
the expense towards personnel and living expenses of the
deceased and non grant of the future prospects.
3. Though, it is contended that deceased was earning
Rs.25,000/- p.m. from her agricultural activities as she
was owning irrigated land no documentary evidence is
produced in that regard. The Tribunal has assessed income
of the deceased at Rs.9,000/-. In the absence of
documentary evidence, taking into consideration of the
guidelines issued by the Karnataka State Legal Services
Authority for the purposes of determination of notional
NC: 2023:KHC-K:8915
income and since the accident is of the year 2019, the
notional income of the deceased is assessed at Rs.13,250/-
as per the chart. The deceased stated to have been aged 40
years at the time of her death, as per the law laid down by
the Apex Court in the case of National Insurance
Company Limited vs. Pranay Sethi and Others -2017
ACJ 2700 40% of the income needs to be added towards
'future prospects'. Considering the number of dependents
being four, 1/4th share to be deducted towards her personal
and living expenses, applying the multiplier of '15', claimants
are held entitled for compensation of Rs.25,04,250/-
towards loss of dependency. Since, the tribunal has awarded
compensation on other conventional heads, same does not
require any interference.
Sl.
Heads By Tribunal By This Court
No
1 Towards loss of income due to Rs.10,80,000/- Rs.25,04,250/-
dependency
2 Loss of spousal and parental Rs.1,60,000/- Rs. 1,60,000/-
consortium
3 Towards transportation and funeral Rs. 15,000/- Rs.15,000/-
expenses
4 Towards Loss estate Rs.15,000/- Rs.15,000/-
Total Rs.12,70,000/- Rs.26,94,250/-
NC: 2023:KHC-K:8915
4. For the foregoing reasons, following:
ORDER
a) The appeal is partly allowed.
b) The appellants/claimants are entitled for a total
compensation of Rs. 26,94,250/- instead of
Rs.12,70,000- awarded by the Tribunal.
c) Respondent No.2 shall pay the aforesaid
compensation amount within an outer limit of six
weeks from the date of receipt of certified copy of
this judgment.
d) The award of the Tribunal is modified accordingly.
Sd/-
JUDGE
RL
