Karnataka High Court
Mr. Arun Kumar vs Mrs. Sangitha Sanjay Sarnik on 18 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:15378
MFA No. 1048 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.1048 OF 2015(MV-I)
BETWEEN:
1. MR. ARUN KUMAR
S/O GANGAPPA POOJARY,
AGED ABOUT 51 YEARS,
2. MRS. MOHINI
W/O ARUN KUMAR,
AGED ABOUT 43 YEARS,
3. MISS. ARCHANA
D/O ARUN KUMAR,
AGED ABOUT 21 YEARS,
ALL ARE RESIDING AT SANTHOSH NAGAR,
PACHANADY VILLAGE, VAMANJOOR POST,
MANGALORE TALUK, D.K.DISTRICT-575 013.
...APPELLANTS
(BY SRI. RAVISHANKAR SHASTRY.G., ADVOCATE)
Digitally signed by
THEJASKUMAR N
Location: HIGH AND:
COURT OF
KARNATAKA
1. MRS. SANGITHA SANJAY SARNIK
MAJOR,
W/O NOT KNOWN,
R/AT 2079, E WARD, PLOT NO.3,
SARNIK COLONY, RAJARANPURI,
KOLLAPUR, MAHARASTRA-416 001.
2. UNITED INDIA INSURANCE CO. LTD.,
GANAPTHI KRIPA, 614/C/A,
E WARD, 1ST LANE, SAHAPURI,
KOLLAPUR,
REPRESENTED BY DIVISIONAL MANAGER.
-2-
NC: 2024:KHC:15378
MFA No. 1048 of 2015
UNITED INDIA INSURANCE CO. LTD.,
II ND FLOOR, RAMBHAVANA COMPLEX,
KODIALBAIL, MANGALORE-575 003.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:15.07.2016;
BY SRI. L.SREEKANTA RAO., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:23.10.2014
PASSED IN MVC NO.838/2013 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALORE, D.K.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Ravishankar Shastry.G., learned counsel for the
appellants and Sri.L.Sreekanta Rao., learned counsel for
respondent No.2 have appeared in person.
2. The claimants have assailed the Judgment of the
Tribunal in this appeal seeking enhancement of the
compensation.
3. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
NC: 2024:KHC:15378
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
4. The point that requires consideration is whether the
claimants are entitled for enhanced compensation.
5. The Claimants appeal is one for enhancement of
compensation. The grounds urged in the present appeal is that
the compensation awarded by the Tribunal is meager.
It is noticed that the Tribunal has awarded compensation
of Rs.5,40,000/- (Rupees Five Lakh Forty Thousand only)
towards Loss of dependency. There is no proof of income. In
the absence of any proof of income, the chart prepared by the
Legal Service Authority must be taken into consideration.
As per the chart, the salary of the deceased must be
taken as Rs.7,000/- (Rupees Seven Thousand only) per month,
if the accident is occurred in the year 2012. The age of the
deceased was 23 years as on the date of accident, hence the
multiplier 18 is to be adopted. Hence, the amount towards the
loss of dependency is as under:
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CALCULATION OF LOSS OF DEPENDENCY
Future prospects:
It is taken into consideration at 40% as per chart because the
age of deceased is below 40 years.
7,000 X 40% = 2,800
7,000 + 2,800 = 9,800
9,800 divided by 2 = 4,900
9,800 - 4,900 = 4,900
4,900 x 12 x 18 = 10,58,400 Rs.10,58,400/-
In the present case, the deceased left behind his parents
and sister. Hence, they are entitled to compensation under the
head "Loss of consortium". In view of law laid down by the
Apex Court in PRANAY SETHI's case, the interest should be
considered to the loss of consortium at the rate of 10% per
annum for every three years.
40,000 X 10/100 X 2 times = Rs.8,000/-
40,000 + 8,000 = Rs.48,000/-
Rs.48,000/- X 3 = Rs.1,44,000/-.
Therefore, the claimants are entitled for compensation of
Rs.1,44,000/- (Rupees One Lakh Forty Four Thousand only)
towards loss of consortium.
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The compensation of Rs.10,000/- (Rupees Ten Thousand
only) towards funeral and transportation charges, Rs.36,000/-
(Rupees Thirty Six Thousand only) towards Attendant charges,
special food and extra nourishment and Rs.4,38,000/- (Rupees
Four Lakh Thirty Eight Thousand only) towards Medical
expenses remains intact.
6. Accordingly, this Court re-determines the
compensation as under:-
1. Towards loss of 10,58,400 Rs.10,58,400/-
dependency
2. Towards loss of 1,44,000 Rs.1,44,000/-
Consortium
3. Towards Funeral and 10,000 Rs.10,000/-
transportation charges
4. Towards Attendant 36,000 Rs.36,000/-
charges, special food
and extra nourishment
5. Towards Medical 4,38,000 Rs.4,38,000/-
expenses
Reassessed Compensation: Rs.16,86,400/-
7. Hence, the following:
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ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:23.10.2014
passed by the MACT & II Addl. Senior Civil Judge,
Mangalore, D.K in M.V.C No.838/2013 is modified
to the extent stated hereinabove.
2. The claimants are entitled for reassessed
compensation of Rs.16,86,400/- (Rupees Sixteen
Lakh Eighty Six Thousand Four Hundred only) with
6% interest per annum from the date of the claim
petition till the date of realization.
3. The Insurance Company is directed to
deposit enhanced compensation amount along with
6% interest within a period of two months from the
date of receipt of the certified copy of this
Judgment.
4. The Registry to draw the modified award
accordingly.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
