Karnataka High Court
Smt. Laxmi vs Mr Sayed Akmal on 2 April, 2024
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NC: 2024:KHC-D:6056
MFA No. 103657 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103657 OF 2023 (MV-D)
BETWEEN:
1. SMT. LAXMI W/O. BHIMAPPA SALAKI,
AGE: 44 YEARS, OCC: HOUSEWIFE,
R/O. BIDARAGADDI ONI, NARENDRA,
TQ AND DIST: DHARWAD.
2. SURESH S/O. BHIMAPPA SALAKI,
AGE: 28 YEARS, OCC: PRIVATE SERVICE,
R/O. PETE ONI, NARENDRA,
TQ AND DIST: DHARWAD.
3. SMT. SANKAVVA W/O. BASAPPA SALAKI,
AGE: 75 YEARS, OCC: HOUSE WIFE,
R/O. PETE ONI, NARENDRA,
TQ AND DIST: DHARWAD.
...APPELLANTS
(BY SRI. ANJANEYA M, ADVOCATE)
Digitally AND:
signed by
JAGADISH T
R
Location: 1. MR. MOHAMED TAZEER,
HIGH COURT
OF AGE: 42 YEARS, OCC: BUSINESS,
KARNATAKA
R/O. HANCHIKUPPE VILLAGE,
VEEREGOWDANA DODDI MAGADI,
TQ & DIST: RAMANAGAR,
KARNATAKA-561201.
2. MR. SAYED AKMAL S/O. SAYED GAFFAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. NERALAKERE RAMANAGAR,
TQ & DIST: RAMANAGAR-562159.
3. THE DIVISIONAL MANAGER,
HDFC ERGO GENERAL INSURANCE
COMPANY LIMITED, 1ST FLOOR,
VIRUPAKSHI KRUPA, OPP: KIMS MAIN GATE,
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NC: 2024:KHC-D:6056
MFA No. 103657 of 2023
PB ROAD, VIDYANAGAR, HUBBALLI-580021.
RESPONDENTS
(BY SRI. IRANAGOUDA K. KABBUR, ADV. FOR R3;
NOTICE TO R1 & R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
IN THE JUDGMENT AND AWARD DATED 15.06.2022 PASSED BY THE
III ADDL. DISTRICT AND SESSIONS & SPL. JUDGE, DHARWAD, IN
MVC NO.317/2021, BY ALLOWING THIS APPEAL WITH COST IN THE
ENDS OF JUSTICE AND EQUITY.
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 claimants challenging the
contributory negligence saddled on the deceased to an extent
of 25% and seeking enhancement of compensation, being
aggrieved by the judgment and award dated 21.06.2022
passed in MVC No.317/2021 on the file of learned III Addl.
District and Sessions Judge, Dharwad (for short, 'Tribunal').
3. Heard the learned counsel Sri.Anjaneya M for the
appellants/claimants and learned counsel Sri. Iranagouda K
Kabbur for the respondent No.3/Insurance Company.
NC: 2024:KHC-D:6056
4. Sri. Anjaneya M, learned counsel for the appellants
submits that the Tribunal has committed an error in assessing
the income of the deceased at Rs.9,500/- per month. He
submits that the Tribunal has recorded a finding that the
deceased has contributed to the accident in question, which is
contrary to the evidence on record, as the deceased was a
pedestrian, hence, there cannot be any contributory negligence
on the deceased to an extent of 25%. Hence, he seeks to
modify the impugned judgment and award of the Tribunal by
allowing the appeal filed by the claimants.
5. Per contra, learned counsel Sri. Iranagouda K
Kabbur for the respondent/Insurance Company submits that
the Tribunal has committed an error in adding 40% of the
assessed income towards future prospects of the deceased, as
the deceased was aged about 47 years and appropriate
addition should be 25% of the assessed income of the
deceased. He further submits that the award of compensation
by the Tribunal and finding with regard to contributory
negligence to an extent of 25% on the deceased are just and
proper and does not call for interference at the hands of this
Court. Hence, he seeks to dismiss the appeal.
NC: 2024:KHC-D:6056
6. I have heard the learned counsel for the parties and
perused the material available on record.
7. It is not in dispute that the deceased met with
accident on 1.4.2021 and sustained grievous injuries and later
he succumbed to the injuries. The deceased was aged about
47 years and the claimants have not placed any evidence with
regard to income of the deceased. This Court re-assesses the
notional income of the deceased at Rs.14,250/- per month
placing reliance on notional income chart prepared by the
KSLSA. There would be proper addition of 25% of the assessed
income towards loss of future prospects of the deceased. There
is no dispute with regard to multiplier of 13 and deduction of
1/3rd towards personal and living expenses of the deceased.
Thus, the appellants/claimants would be entitled to modified
compensation on the head of loss of dependency as under:
Rs.14,250 + 25% x 12 x 13 x 2/3= Rs.18,52,500/-
8. The claimants would be entitled to a sum of
Rs.40,000/- each towards loss of consortium, besides
Rs.15,000/- towards loss of estate and Rs.15,000/- towards
transportation of dead body and funeral expenses. Thus, the
NC: 2024:KHC-D:6056
appellants would be entitled to modified compensation on the
following heads:
Loss of dependency Rs.18,52,500/-
Loss of consortium Rs. 1,20,000/-
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
-------------------
Total Rs.20,02,500/-
-------------------
9. Insofar as contention of the appellants that the
Tribunal has committed an error in saddling 25% of
contributory negligence on the deceased is concerned, this
Court on re-appreciation of entire evidence available on record
does not find any error with regard to aforesaid finding
warranting interference by this Court in the present appeal.
Hence, the finding of the Tribunal insofar as saddling of 25% of
contributory negligence on the deceased is upheld.
10. Accordingly, the appellants would be entitled to
total compensation of Rs.15,01,875/- (Rs.20,02,500 x 75%)
as against Rs.11,31,300/- awarded by the Tribunal.
11. Resultantly, I proceed to pass the following:
ORDER
a) Appeal stands partly allowed.
NC: 2024:KHC-D:6056
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellants are entitled to total compensation of
Rs.15,01,875/- as against Rs.11,31,300/-
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 date of payment.
d) The respondent/Insurer shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within six weeks
from the date of receipt of certified copy of this
judgment.
e) Apportionment, deposit and disbursement shall
be made as per the award of the Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
