Karnataka High Court
Uttam S/O Ambadas Gurava vs The Divisional Controlleer on 18 April, 2024
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NC: 2024:KHC-K:3026
MFA No. 200380 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.200380 OF 2019 (MV-D)
BETWEEN:
1. UTTAM S/O AMBADAS GURAVA,
AGE: 50 YEARS, OCC: NILL,
2. SANGEETA W/O UTTAM GURAVA,
AGE: 48 YEARS,
OCC: HOUSEHOLD WORK,
ALL ARE R/O NAGATHAN,
TQ. & DIST. VIJAYAPUR-586 101.
...APPELLANTS
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
Digitally
signed by
SACHIN AND:
Location:
HIGH COURT
OF
KARNATAKA THE DIVISIONAL CONTROLLER,
MSRTC, SOLAPUR DIVISION,
SOLAPUR-413 001.
...RESPONDENT
(BY SRI RAHUL R. ASTURE, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD PASSED BY THE I ADDL. DISTRICT JUDGE AND
MEMBER, MACT-II, VIJAYAPUR IN MVC NO.503/2015 DATED
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MFA No. 200380 of 2019
06.06.2018 AND ALLOW THE CLAIM PETITION BY GRANTING
THE RELIEF AS PRAYED FOR BY THE APPELLANTS HEREIN.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Sanganabasava B. Patil, learned counsel
for the appellants as well as Sri Rahul R. Asture, learned
counsel appearing for the respondent.
2. Challenge in this appeal is the order that is
rendered by the Motor Accident Claims Tribunal-II,
Vijayapura in MVC No.503/2015 dated 06.06.2018. This is
a claimants' appeal.
3. The claimants in the capacity of the parents of
the deceased Vijay (hereinafter be referred as 'the
deceased' for brevity) filed an application claiming
compensation of Rs.50,00,000/- in total alleging that the
deceased died in a road traffic accident that occurred on
17.01.2015 and that the accident occurred due to the
negligent driving of the driver of the respondent.
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4. The Tribunal through the impugned order,
awarded a sum of Rs.9,35,000/- as compensation.
Projecting a contention that the said amount is grossly
inadequate, the present appeal is preferred.
5. On this day, Sri Sanganabasava B. Patil,
learned counsel for the appellants, arguing the matter,
submits that the deceased was working as Fitter in an
industry and was earning Rs.15,200/- per month. But, the
Tribunal took the notional income of the deceased as
Rs.7,500/- per month and thereby erred in awarding just
sum as compensation.
6. A perusal of record goes to show that though
the appellants produced Ex.P9 - Salary Certificate in proof
of the occupation and income of the deceased as on the
date of the accident, they failed to establish the
genuineness of the said certificate. Therefore, the Tribunal
indeed is justified in showing reluctance to consider the
said document. However, as the accident occurred in the
year 2015, due to which the deceased lost his life and as
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the Karnataka State Legal Services Authority is taking the
notional income for the relevant period as Rs.8,000/- per
month, this Court considers desirable to take the said
figure into consideration for assessing the compensation.
7. Also, as rightly contended by the learned
counsel for the appellants, the Tribunal failed to add future
prospects. It is not in dispute that the deceased was aged
about 24 years by the date of accident. Thus, as per the
decision of Hon'ble Apex Court in the case of National
Insurance Company Limited vs. Pranay Sethi and
Others reported in (2017) 16 SCC 680, 40% of the
income of the deceased is required to be added towards
future prospects. Admittedly, the deceased died as a
bachelor. Therefore, 50% of the income of the deceased
has to be deducted towards personal and living expenses,
which the deceased would have incurred for himself had
he been alive. The appropriate multiplier to be applied as
per the decision of the Hon'ble Apex Court in the case of
Sarla Verma (Smt.) and others vs. Delhi Transport
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Corporation and another reported in (2009) 6 SCC
121 is '18'.
8. On applying aforementioned parameters, the
compensation, which the appellants are entitled to under
the head 'loss of dependency' would be as under:
Monthly income Rs.8,000/-
Adding 40% towards future prospects Rs.11,200/-
Annual income Rs.1,34,400/-
On deduction of 50% of the annual income Rs.67,200/-
towards personal and living expenses,
contribution towards claimants
Applying multiplier '18' Rs.12,09,600/-
Thus, the loss of dependency comes to
Rs.12,09,600/-.
9. Together with the said amount, the appellants
are also entitled to Rs.15,000/- towards funeral expenses,
Rs.15,000/- towards loss of estate and Rs.40,000/-
towards loss of filial consortium.
10. Thus, the compensation, which the appellants
are entitled to under different heads would be as under:
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Compensation Compensation
Sl.
Heads awarded by the awarded by this
No.
Tribunal Court
1. Loss of Dependency Rs.8,10,000/- Rs.12,09,600/-
2. Loss of Love & Rs.1,00,000/- --
Affection
3. Loss of filial -- Rs.40,000/-
consortium
4. Transportation of Rs.25,000/- Rs.15,000/-
dead body and
funeral expenses
5. Loss of estate -- Rs.15,000/-
Total Rs.9,35,000/- Rs.12,79,600/-
11. In the light of the aforementioned discussion,
the following:
ORDER
i) The appeal is allowed in part.
ii) The amount awarded as compensation by the
Motor Accident Claims Tribunal-II, Vijayapura
through orders in MVC No.503/2015 dated
06.06.2018 is enhanced from Rs.9,35,000/-
to Rs.12,79,600/-.
iii) The enhanced amount shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit.
iv) The respondent is directed to deposit the
enhanced amount with interest within a period
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of eight weeks from the date of receipt of a
copy of this order.
v) The apportionment remains undisturbed.
vi) The appellants are permitted to withdraw their
respective shares immediately after deposit.
Sd/-
JUDGE
LG
