Karnataka High Court
Hanamanth And Anr vs Asif And Anr on 6 October, 2023
Bench: Mohammad Nawaz, Rajesh Rai K
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NC: 2023:KHC-K:7974-DB
MFA No. 202230 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO. 202230 OF 2023 (MV-D)
BETWEEN:
1. HANMANTH
S/O SHIVASHARANAPPA AIHOLE
AGE 34 YEARS,
OCC: LABOUR,
2. MALLIKARJUN
S/O HANMANTH AIHOLE
AGE 07 YRS, MINOR
PETITIONER NO.2 IS MINOR
Digitally signed by
SOMANATH PENTAPPA HENCE U/G OF HIS FATHER
MITTE
Location: HIGH COURT
APPELLANT NO.1
OF KARNATAKA
BOTH R/O. VILLAGE TELAKUNI
TQ. ALAND,
DIST. KALABURAGI - 585 302.
...APPELLANTS
(BY SRI. NARESH V. KULKARNI, ADVOCATE)
-2-
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MFA No. 202230 of 2023
AND:
1. ASIF S/O FAROOQ PATE
AGE: 49 YRS, OCC: BUSINESS & OWNER
OF ASHOK LEYLAND LORRY
BEARING REG.NO.MH-24-AB-9265,
R/O. T.M. CARRIERS JAIBON,
OPP: BUS STAND NO.1 MAIN ROAD,
LATUR, MAHARASTRA - 413 512.
2. HDFC ERGO GENERAL INSURANCE CO. LTD.,
1ST FLOOR KANALE PLAZA 82,
RAILWAY LINES, DUFFRIN CHOWK,
SOLAPUR, TQ. & DIST. SOLAPUR
MAHARASTRA
THROUGH ITS BRANCH MANAGER,
HDFC ERGO GENERAL INSURANCE CO.,
NO.1, 10, KHUBA PLOT STATION ROAD,
BRAHAMPUR KALABURAGI - 585 102.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT,
PRAYING TO ALLOW THE APPEAL BY MODIFYING THE
IMPUGNED JUDGMENT AND AWARD DATED:08.11.2022
PASSED BY THE SENIOR CIVIL JUDGE AND MACT-II AT ALAND
IN M.V.C.NO.1357/2019 AND THE SAME WAS ALLOWED IN
APART AND CONSEQUENTLY BE PLEASED TO ENHANCE THE
COMPENSATION AS PRAYED FOR IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY
RAJESH RAI K J., DELIVERED THE FOLLOWING::
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NC: 2023:KHC-K:7974-DB
MFA No. 202230 of 2023
JUDGMENT
This appeal is filed by the claimants' challenging the
judgment and award dated 08.11.2022 passed by the
learned Senior Civil Judge & MACT-11, Aland, Dist:
Kalaburagi in MVC No.1357/2019 (hereinafter referred to
as the 'Tribunal').
2. We have heard the learned counsel for the
appellants and the learned counsel appearing for
respondent No.2-insurance company and perused the
materials on record.
3. The appellants/claimants are the husband and
son of deceased Shobha, who died in a road traffic
accident on 03.04.2019 at about 06.00 a.m. The Tribunal
has awarded a total compensation of Rs.18,91,932/- with
interest at 6% per annum from the date of petition till
realization.
4. The compensation awarded by the Tribunal
under different heads are as under:
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MFA No. 202230 of 2023
Sl.
Heads of compensation Amount
No.
1. Towards loss of love and Rs.40,000/-
affection
2. Loss of consortium Rs.20,000/-
3. Towards loss of estate Rs.15,000/-
4. Towards funeral expenses and Rs.15,000/-
transportation charges
5. Loss of dependency Rs.18,01,932/-
Total Rs.18,91,932/-
5. In this case, the accident, death of the
deceased and the liability of the Insurance company to pay
the compensation, is not disputed by the respondent No.2-
insurance company. Hence, the appeal is restricted to
quantum of compensation.
6. The learned counsel for the appellants
submitted that the MACT had quantified the income of the
deceased at Rs.13,250/- per month. However, the
deceased was working as labour and earning Rs.15,000/-
per month as wages i.e., Rs.500/- per day. However,
there is no material forthcoming in support of the said
submission. Since, the claimants have failed to produce
any documents to that effect, the tribunal has rightly
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MFA No. 202230 of 2023
taken the notional monthly income of the deceased as per
the Lok-Adalath chart i.e. Rs.13,250/-, considering the
date of accident, i.e; 03.04.2019.
7. Since the age of the deceased was 25 years, as
per the judgment rendered in the case of National
Insurance Company Ltd. V/s Pranay Sethi, reported in
(2017) 16 SCC 680, 40% of the income will have to be
added towards future prospects. Thus, Rs.13,250/- +
5,300 = Rs.18,550/-. Out of the said income 1/3rd has to
be deducted towards personal expenses, which comes to
Rs.12,366/-. The tribunal has rightly applied the multiplier
17. Thus, Rs.12,367/- x 12 x 17 = Rs.25,22,868/-. On
the basis of above said calculations, compensation under
the head loss of dependency is recalculated as Rs.
25,22,868/-.
8. Deceased has left behind two dependents, who
are her husband and minor son. They have lost company,
love and affection. As held in the case of Pranay Sethi
(referred supra) and in the case of Magma General
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MFA No. 202230 of 2023
Insurance Company Limited V/s Nanu Ram Alias
Chuhru Ram and others, reported in (2018) 18 SCC
130, Rs.44,000/- to each of the claimant is awarded
towards loss of consortium, i.e. Rs.88,000/-.
9. As held in the case of Pranay Sethi,
Rs.16,500/- each is awarded under the head 'loss of
estate' and 'funeral expenses' i.e. a total sum of
Rs.33,000/-. As per above discussion, the following
amount of compensation is awarded under different
heads:-
Sl.
Heads of compensation Amount
No.
1. Towards loss of consortium Rs.88,000/-
2. Loss of estate and funeral Rs.33,000/-
expenses
3. Towards loss of dependency Rs.25,22,868/-
Total Rs.26,43,868/-
Thus, claimants are entitled for an enhanced
compensation of Rs.7,51,936/- (Rs.26,43,868 -
Rs.18,91,932).
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MFA No. 202230 of 2023
10. For the above said discussion, we pass the
following:
ORDER
a. The appeal is partly allowed.
b. The impugned judgment passed by the
learned Senior Civil Judge & MACT-11
Aland, Dist: Kalaburagi, in MVC
No.1357/2019 dated 08.11.2022 is
modified.
c. The appellants/petitioners are entitled
for a total compensation of
Rs.26,43,868/- as against
Rs.18,91,932/- awarded by the
Tribunal and they are entitled for
enhancement of Rs.7,51,936/- with
interest at the rate of 6% per annum
from the date of petition till payment on
the enhanced amount of compensation.
d. Respondent No.2-Insurance company is
directed to deposit the said amount
within six weeks from the date of
receipt of copy of this order.
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MFA No. 202230 of 2023
e. The order passed by the Tribunal
pertaining to apportionment and deposit
of the amount are kept intact.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
