Karnataka High Court
Hanamant S/O Revansiddappa ... vs Somashekhar S/O Siddappa Sajjan ... on 10 October, 2023
Bench: Mohammad Nawaz, Rajesh Rai K
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NC: 2023:KHC-K:8106-DB
MFA No. 201144 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH 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. 201144 OF 2021 (MV-D)
BETWEEN:
1. HANAMANT S/O REVANSIDDAPPA BORAGI
AGE: 58 YEARS, OCC: NIL,
2. NEELAWWA W/O HANAMANT BORAGI
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
BOTH ARE R/O: MANAGULI,
TQ B. BAGEWADI,
DIST: VIJAYAPURA - 586 203.
...APPELLANTS
(BY SRI. S.S.HIREMATH, ADVOCATE FOR
Digitally signed by SRI. BIRADAR VIRANAGOUDA, ADVOCATE)
SWETA KULKARNI
Location: HIGH AND:
COURT OF
KARNATAKA
1. SOMASHEKHAR S/O SIDDAPPA SAJJAN
AGE: 43 YEARS, OCC: BUSINESS,
R/O. DHAVALAGI, TQ: MUDDEBIHAL,
DIST: VIJAYAPURA - 586 202.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.,
1ST FLOOR, SANGAM BUILDING,
S.S. FRONT ROAD, VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI. SUDARSHAN M. ADVOCATE FOR R2;
V/O. DATED 26.10.2021 NOTICE TO R1 IS DISPENSED WITH)
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NC: 2023:KHC-K:8106-DB
MFA No. 201144 of 2021
THIS MFA FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, PRAYING THIS HON'BLE COURT TO ALLOW THIS
APPEAL BY MODIFYING THE JUDGMENT AND AWARD OF THE
III ADDL. SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL NO.XII, VIJAYAPUR DATED 27.11.2019, IN
M.V.C.NO.467/2018, IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
RAJESH RAI K J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants' challenging the
judgment and award dated 27.11.2019 passed by the
learned III Addl. Senior Civil Judge, Vijayapur in MVC
No.467/2018 (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 parents of
deceased Siddappa Boragi, who died in a road traffic
accident on 08.02.2018 at about 20-00 hours. The
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MFA No. 201144 of 2021
Tribunal awarded a total compensation of Rs.09,09,000/-
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:
Sl.
Heads of compensation Amount
No.
1. Towards loss of dependency Rs.8,64,000/-
2. Towards love and affection Rs.15,000/-
3. Towards loss of estate Rs.15,000/-
4. Towards transportation, and Rs.15,000/-
funeral expenses
Total Rs.09,09,000/-
5. In this case, the accident, death of the
deceased and the liability of the Insurance company to pay
the compensation is not disputed. Hence, the appeal is
only restricted to quantum of compensation.
6. The learned counsel for the appellants
submitted that the MACT has wrongly quantified the
income of the deceased at Rs.8,000/- per month. Since,
the claimants have failed to produce any document in
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MFA No. 201144 of 2021
respect of the income of the deceased, the notional
monthly income has to be taken as per the Lok-Adalath
chart i.e. Rs.11,750/-, considering the date of accident,
i.e; 08.02.2018.
7. Since the age of the deceased was 24 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.11,750/- +
4,700 = Rs.16,450/-. Since the deceased was a bachelor,
half of the income is to be deducted towards personal
expenses, which comes to Rs.8,225/-. The tribunal has
rightly applied the multiplier 18. Thus, Rs.8,225/- x 12 x
18 = Rs.17,76,000/-. On the basis of above said
calculations, compensation under the head loss of
dependency is recalculated as Rs.17,76,000/-.
8. Deceased has two dependents, who are his
parents. They have lost company, love and affection of
their son. Relying on the judgment rendered in Pranay
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MFA No. 201144 of 2021
Sethi (referred supra) and in the case of Magma General
Insurance Company Limited V/s Nanu Ram Alias
Chuhru Ram and others, reported in (2018) 18 SCC
130, Rs.44,000/- to each claimant is awarded towards
loss of consortium i.e. Rs.88,000/-. 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/-
9. As per the above discussion, the following
amount of compensation is awarded under different
heads:-
1. Loss of dependency : Rs. 17,76,000/-
(Rs.11,750/- x 12 x 18)
2. Loss of consortium, love and : Rs. 88,000/-
affection
3. Funeral expenses : Rs.16,500/-
4. Loss of estate : Rs.16,500/-
Total : Rs.18,97,000/-
Thus, claimants are entitled for an enhanced
compensation of Rs.9,88,000/- (Rs.18,97,000 -
Rs.9,09,000).
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MFA No. 201144 of 2021
10. For the above said discussion, we pass the
following:
ORDER
Appeal is partly allowed.
The impugned judgment and award
dated 27.11.2019 passed by the learned III
Addl. Senior Civil Judge, Vijayapur in MVC
No.467/2018 is modified.
The petitioners/appellants are entitled
for a total compensation of Rs.18,97,000/-
as against Rs.09,09,000/- awarded by the
Tribunal and they are entitled for an
enhanced compensation of Rs.9,88,000/-
with interest at the rate of 6% per annum
from the date of petition till payment.
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. 201144 of 2021
The order passed by the Tribunal
pertaining to apportionment, and deposit of
the amount are kept intact.
Sd/-
JUDGE
Sd/-
JUDGE
SMP
