Karnataka High Court
Smt. Nebisa vs The Future General Insurance Co Ltd on 1 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13093
MFA No. 6145 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.6145 OF 2015(MV-D)
BETWEEN:
SMT. NEBISA
W/O YUSUF @ ISUBA,
AGED ABOUT 46 YEARS,
R/AT D.NO.6-22/1,
KARAMABETTU HOUSE,
54, JEEPINAMOGARU,
MANGALORE TALUK.
...APPELLANT
(BY SRI. GURUPRASAD.B.R., ADVOCATE
SMT. SANDHYA RAO.P., ADVOCATE)
AND:
1. THE FUTURE GENERAL INSURANCE CO., LTD.,
UNIT 201 & 202, INLAND AVENUE,
2ND FLOOR, M.G.ROAD,
Digitally signed by MANGALORE-575 001,
THEJASKUMAR N
KARNATAKA.
Location: HIGH
COURT OF REPRESENTED BY ITS MANAGER.
KARNATAKA
2. MR. IMTHIYAZ
S/O AHMED BAVA,
AGED ABOUT 29 YEARS,
R/O THAREDULLY HOUSE,
D.NO.26-06-127,
JEPPINAMOGARU,
MANGALORE TALUK-575 001.
3. MR. NAZEER
S/O YUSUF @ ISUBA,
AGED ABOUT 34 YEARS,
-2-
NC: 2024:KHC:13093
MFA No. 6145 of 2015
R/AT D.NO.6-22/1,
KARAMABETTU HOUSE,
54 JEEPINAMOGARU,
MANGALORE TALUK-575 001.
4. MISS. SHAHIDA
D/O MR. YUSUF @ ISUBU,
AGED ABOUT 22 YEARS,
R/AT D.NO.6-22/1,
KARAMABETTU HOUSE,
54 JEEPINAMOGARU,
MANGALORE TALUK-575 001.
...RESPONDENTS
(BY SRI. RAVI.S.SAMPRATHI., ADVOCATE FOR R1;
NOTICE TO R2 TO R4-DISPENSED WITH
V/O DATED:13.07.2016)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:02.03.2015
PASSED IN MVC NO.1055/2011 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT-II, D.K.
MANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Guruprasad.B.R., learned counsel on behalf of
Smt.Sandhya Rao.P., for the appellant and Sri.Ravi
S.Samprathi., learned counsel for respondent No.1 have
appeared in person.
NC: 2024:KHC:13093
2. Though the appeal is listed today for admission, it is
heard finally.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
5. The point that requires consideration is whether the
Claimant is entitled for enhanced compensation?
6. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. 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.3,96,000/- (Rupees Three Lakh Ninety Six Thousand
only) towards Loss of dependency. It is contended that the
deceased was working as a Mason. However, there is no proof
of income. In the absence of any proof of income, the chart
NC: 2024:KHC:13093
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.6,500/- (Rupees Six Thousand Five Hundred only)
per month, if the accident is occurred in the year 2011. The age
of the deceased was 25 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:
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.
6,500 X 40% = 2,600
6,500 + 2,600 = 9,100
9,100 ÷ 2 = 4,550
9,100 - 4,550 = 4,550
4,550 x 12 x 18 = 9,82,800/- Rs.9,82,800/-
NC: 2024:KHC:13093
In the present case, the deceased left behind his mother.
Hence, she is entitled for 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 = Rs.8,000/-
40,000 + 8,000 = Rs.48,000/-
Therefore, the claimant is entitled for compensation of
Rs.48,000/- (Rupees Forty Eight Thousand only) towards loss
of consortium.
The claimant is entitled for compensation of Rs.33,000/-
(Rupees Thirty Three Thousand only) towards loss of estate and
funeral expenses.
The compensation of Rs.39,300/- (Rupees Thirty Nine
Thousand Three Hundred only) towards Medical expenses
remains intact.
7. Accordingly, this Court re-determines the
compensation as under:-
NC: 2024:KHC:13093
1. Towards loss of 9,82,800 Rs.9,82,800/-
dependency
(4,550 x 12 x 18)
2. Towards loss of 48,000 Rs.48,000/-
Consortium
3. Towards loss of estate 33,000 Rs.33,000/-
and funeral expenses
4. Towards Medical 39,300 Rs.39,300/-
expenses
Total: Rs.11,03,100/-
(Less) Compensation awarded by the - Rs.4,65,300/-
Tribunal:
Enhanced compensation awarded by Rs.6,37,800/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:02.03.2015
passed by the Court of MACT-II & I Addl. District &
Sessions Judge, D.K., Mangalore in
M.V.C.No.1055/2011 is modified to the extent
stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.6,37,800/- (Rupees Six Lakh
NC: 2024:KHC:13093
Thirty Seven Thousand Eight Hundred only) with
interest at the rate of 6% per annum from the date
of the petition till realization.
3. The first respondent Insurance Company
is directed to deposit the 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.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
