Karnataka High Court
United India Insurance Co., Ltd vs Hosabi W/O Goli Gouda on 18 April, 2024
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NC: 2024:KHC-D:6491
MFA No. 100979 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100979 OF 2015 (MV-D)
BETWEEN:
UNITED INDIA INSURANCE CO. LTD,
DIVISIONAL OFFICE, KAIKINI ROAD,
KARWAR, REPRESENTED BY
ITS SENIOR DIVISIONAL MANAGER.
...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
AND:
1. SMT. HOSABI W/O. GOLI GOUDA,
AGED ABOUT 53 YEARS,
R/O. KADLEKOPPA, KADLE,
TQ: HONAVAR, DIST: UTTAR KANNADA.
2. SRI. GOLI S/O. HAMMU GOUDA,
AGED ABOUT 60 YEARS,
R/O. KADLEKOPPA, KADLE, TQ: HONAVAR,
DIST: UTTAR KANNADA.
Digitally
signed by 3. SRI. NAGAPPA S/O. GOLI GOUDA,
JAGADISH T
R AGED ABOUT: 24 YEARS, R/O. KADLEKOPPA,
Location: KADLE, TQ: HONAVAR, DIST: UTTAR KANNADA.
HIGH COURT
OF
KARNATAKA 4. SRI. NARAYAN GANGADHAR MADIWAL,
AT AND POST: VALGALLI, TQ: KUMTA.
...RESPONDENTS
(BY MISS. GAYATRI S. R., ADV. FOR
SRI. T. M. NADAF FOR R1 TO R3;
NOTICE TO R4 DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988, PRAYING
TO CALL FOR THE RECORDS CONNECTED WITH MVC NO.10/2014 ON
THE FILE OF THE COURT OF THE ADDITIONAL MOTOR VEHICLE
ACCIDENTS CLAIMS TRIBUNAL, AT: HONAVAR, EXAMINE THE SAME
AND MODIFY THE AWARD DATED 30.12.2014 TO REDUCE THE
COMPENSATION TO JUST LEVEL IN THE INTEREST OF JUSTICE.
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NC: 2024:KHC-D:6491
MFA No. 100979 of 2015
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up for
final disposal.
2. This appeal is filed by the appellant/insurance
company challenging the quantum of compensation awarded by
the Tribunal under judgment & award dated 30.12.2014 passed
in MVC No.10/2014 by the Addl. MACT, Honavar (for short,
'Tribunal').
3. Heard Smt. Preeti Shashank, learned counsel
appearing for the appellant and Smt. Gayatri S.R, learned
counsel for Sri.J.M. Nadaf, appearing for respondent No.1 to 3.
4. Learned counsel for the petitioner submits that
Tribunal has committed grave error in assessing the income of
the deceased and also in applying the deduction. Further
learned counsel submits that the Tribunal has also committed
error in awarding total compensation to the claimants. Hence,
she seeks to re-assess the same by allowing the appeal.
NC: 2024:KHC-D:6491
5. Per contra, learned counsel Smt. Gayatri S.R,
appearing for respondent No.1 to 3, supports the impugned
judgment and award of the Tribunal and submits that taking
note of the age of the deceased as 28 years and his avocation,
the Tribunal has rightly assessed the income and awarded the
compensation, which does not call for any modification. Hence,
she seeks for dismissal of the appeal.
6. I have heard the arguments of learned counsel for
the respective parties and perused the material available on
record.
7. In a road accident dated 24.05.2013, one Sri.
Janardhan S/o Goli Gouda was aged about 28 years as per PM
report and sustained grievous injuries and later succumbed to
those injuries. The dependants have filed claim petition seeking
compensation for accidental death of Janardhan S/o Goli
Gouda. This court taking note of the age and avocation of the
deceased has re-assessed the compensation by notionally
assessing his income at Rs.7,000/- per month placing reliance
on notional income chart prepared by the KSLSA. The claimants
would be entitled to an addition of 40% of the assessed income
towards future prospects, as the deceased was aged 28 years.
NC: 2024:KHC-D:6491
There is no dispute with regard to age of the deceased as 28
years, applicable multiplier of 17 and deduction of 50% towards
personal and living expenses of the deceased as he was
bachelor at the time of accident. Thus, the claimants would be
entitled to modified compensation on the head of loss of
dependency at Rs.9,99,600/- (Rs.7,000 + 40% x 12 x 17 -
50%).
8. Further the claimants/respondents would be entitled
to Rs.16,500/- each towards loss of estate and funeral
expenses including 10% escalation. Thus, each claimant would
be entitled to Rs.44,000/- towards loss of consortium
including 10% escalation.
9. Thus, the claimant would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 9,99,600/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium (Rs.44,000x3) 1,32,000/-
Total 11,64,600/-
NC: 2024:KHC-D:6491
10. Thus, the claimants shall be entitled to total
compensation of Rs.11,64,600/- as against Rs.5,50,000/-
awarded by the Tribunal.
11. In the result, I pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants would be entitled to total
compensation of Rs.11,64,600/- as against
Rs.5,50,000/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.
d) The Insurer shall deposit the enhanced
compensation with accrued interest before
the Tribunal within six weeks from the date of
receipt of certified copy of this judgment.
NC: 2024:KHC-D:6491
e) The apportionment, deposit and disbursement
of enhanced compensation shall be made as
per award of the Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE
RKM
Ct-an
