Karnataka High Court
Dattappa And Anr vs Saik Mukheed Ahmed And Anr on 19 April, 2024
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NC: 2024:KHC-K:3078
MFA No. 203808 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 203808 OF 2023 (MV-D)
BETWEEN:
1. DATTAPPA S/O SHANKREPPA,
AGE: 59 YEARS,
OCC: AGRICULTURE,
2. NINGAMMA W/O DATTAPPA,
AGE: 49 YEARS,
OCC: AGRICULTURE,
BOTH RESIDENT OF
SUNTNOOR VILLAGE,
TQ: ALAND, DIST: KALABURAGI,
NOW AT H.NO.348/2,
Digitally SHAHABAZAR, KALABURAGI.
signed by
SACHIN ...APPELLANTS
Location:
HIGH COURT (BY SRI NAGARAJ PATIL, ADVOCATE)
OF
KARNATAKA
AND:
1. SAIK MUKHEED AHMED
S/O SHAIK AJASAB,
AGE: MAJOR,
OCC: BUSINESS AND OWNER OF
LORRY BEARING NO.AP-22/W-2709,
R/O. KONDAGAL, MAHABOOB NAGAR,
TANDUR, ANDHRA PRADESH-502 141.
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MFA No. 203808 of 2023
2. THE DIVISION MANAGER,
THE NEW INDIA INSURANCE
COMPANY LIMITED,
DIVISION OFFFICE,
SANGAMESHWAR COLONY,
S.B.TEMPLE ROAD,
KALABURAGI-585 101.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R-2;
V/O DTD.01.04.2024 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGEMENT AND AWARD DATED 04.04.2016
PASSED IN MVC NO.915/2014 ON THE FILE OF III ADDL.
SENIOR CIVIL JUDGE AND MACT KALABURAGI AND ALLOW
THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF
RS.14,63,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HONOURABLE COURT. ORDER FOR COSTS OF THIS
APPEAL.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Nagaraj Patil, learned counsel for the
appellant as well as Sri Sudarshan M., learned counsel
appearing for respondent No.2. Notice to respondent No.1
stood dispensed with.
2. Seeking a higher sum as compensation, the
appellants who are claimants are before this Court
disputing the validity and the legality of the order that is
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rendered by the Motor Accident Claims Tribunal,
Kalaburagi in M.V.C.No.915/2014 dated 04.04.2016.
3. On the ground that their son Shankreppa who
was aged about 19 years met with a road traffic accident
and died and that as an agriculturist he was earning
Rs.2,00,000/- per annum and they were depending solely
on the earnings of the deceased - Shankreppa, the
appellants filed a claim petition claiming compensation of
Rs.25,00,000/- lakhs in total. The Tribunal through the
impugned order awarded a sum of Rs.10,37,000/- as
compensation.
4. On this day, Sri Nagaraj Patil, made his
submission that the Tribunal erred in taking the notional
income of the deceased - Shankreppa as Rs.6,000/- per
month while the Karnataka State Legal Services Authority
is taking the notional income as Rs.7,500/- per month in
respect of the claims that are laid with regard to the
accidents that occurred in the year 2014 and atleast the
said figure ought to have been considered. Sri Sudarshan
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M., did not raise any serious objections for considering the
same. Also the plea taken is highly justifiably. Admittedly,
the appellants did not produce any substantive proof with
regard to the actual occupation and earnings of the
deceased -Shankreppa by the date of accident. Therefore,
this Court considers desirable to take the notional income
of the deceased - Shankreppa as Rs.7,500/- per month.
5. It is not in dispute that the deceased -
Shankreppa died at the age of 19 years. Therefore, as per
the decision of the Hon'ble Apex Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and others reported in (2017) 16 SCC 68, 40% of
the actual earnings have to be added towards future
prospects. Further the deceased died in the capacity of
bachelor. Therefore, 50% of the income of the deceased -
Shankreppa has to be deducted towards the personal and
living expenses which he would have incurred for himself
had he been alive. The appropriate multiplier to be applied
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is '18'. On applying the aforementioned parameters, the
loss of dependency would be as under :-
Notional income Rs.7,500/-
On adding 40% towards future prospects Rs.10,500/-
Annual income Rs.1,26,000/-
On deduction of 50% towards personal Rs.63,000/-
and living expenses
On applying appropriate multiplier '18' Rs.11,34,000/-
Thus, loss of dependency comes to Rs.11,34,000/-.
6. Together with the said sum the appellants are
entitled to Rs.15,000/- towards funeral expenses,
Rs.15,000/- towards loss of estate and Rs.40,000/-
towards loss of filial consortium. In all the appellants are
entitled to compensation under following heads which are
as follows :-
Compensation awarded by
Sl.No. Heads
Tribunal This Court
1. Towards love and Rs.20,000/- --
affection
2. Towards funeral 25,000/- Rs.15,000/-
expenses and
transportation charges
3. Towards loss of Rs.9,72,000/- Rs.11,34,000/-
dependency
4. Towards loss of estate Rs.20,000/- Rs.15,000/-
5. Towards loss of filial -- Rs.40,000/-
consortium
Rs.10,37,000/- Rs.12,04,000/-
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Thus, the enhancement of compensation would be to an
extent of Rs.1,67,000/- [Rs.12,04,000/- - Rs.10,37,000/-].
The second appellant being mother, is entitled to the
enhanced amount. In light of the foregoing discussion, the
following :
ORDER
i) The appeal is allowed in part.
ii) The amount awarded as compensation by the
Motor Accident Claims Tribunal, Kalaburagi
through orders in M.V.C.No.915/2014 dated
04.04.2016 is enhanced by Rs.1,67,000/-.
iii. The enhanced amount shall carry interest at the
rate of 6% p.a. from the date of petition till the
date of deposit except for the period of delay of
1902 days in preferring the appeal as per
orders in I.A.No.1/2023 dated 01.04.2024.
iv. The second respondent is directed to deposit
the enhanced amount with interest within a
period of eight weeks from the date of receipt
of copy of this judgment .
v. On such deposit, the second appellant is
permitted to withdraw the entire amount.
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Sri Sudarshan M., learned counsel is granted time for
two weeks to file Vakalath.
Sd/-
JUDGE
SN
