Karnataka High Court
Riyaz Pasha vs Patel B on 2 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13335
MFA No. 5727 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.5727 OF 2015(MV-D)
BETWEEN:
1. RIYAZ PASHA
S/O MOHAMMED PEERSAB,
AGED ABOUT 51 YEARS,
2. NAGEENA BANU
W/O RIYAZ PASHA,
AGED ABOUT 46 YEARS,
3. ASIF PASHA
S/O RIYAZ PASHA,
AGED ABOUT 24 YEARS,
4. SONAN
D/O RIYAZ PASHA,
AGED ABOUT 24 YEARS,
Digitally signed by
THEJASKUMAR N
Location: HIGH ALL ARE R/AT NO.64,
COURT OF
KARNATAKA HULIYUR DURGA VILLAGE POST AND HOBLI,
HULIYUR DURGA, KUNIGAL TALUK,
TUMKUR DISTRICT.
...APPELLANTS
(BY SRI. HALESHA.R.G., ADVOCAT)
AND:
1. PATEL.B
S/O BALAVARADANA GOWDA.G.M.,
NO.76/2, 20TH CROSS,
PIPELINE ROAD, EJIPURA,
BANGALORE-57.
-2-
NC: 2024:KHC:13335
MFA No. 5727 of 2015
2. UNITED INDIA INSURANCE CO.LTD.,
REGIONAL OFFICE,
5TH FLOOR, KRUSHI BHAVANA,
NRUPATHUNGA ROAD,
HUDSON CIRCLE,
BANGALORE-27.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:16.09.2019;
BY SRI. LAKSHMI NARASAPPA., ADVOCATE FOR
SRI. A.M.VENKATESH., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:23.12.2014
PASSED IN MVC NO.3059/2014 ON THE FILE OF THE MEMBER,
MACT, XXVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Halesha.R.G., learned counsel for the appellants has
appeared in person.
Sri.Lakshminarasappa., learned counsel on behalf of
Sri.A.M.Venkatesh., for respondent No.2 has appeared through
video conferencing.
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2. Though the appeal is listed today for admission, it is
heard finally.
3. The claimants have 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 would arise for consideration is
whether the Claimants are entitled for enhanced compensation.
6. The Claimants' 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.8,82,000/- (Rupees Eight Lakhs Eighty Two Thousand
only) towards Loss of dependency. It is contended that the
deceased was working as Tailor and was earning Rs.30,000/-
(Rupees Thirty Thousand only) per month. However, there is no
NC: 2024:KHC:13335
proof of income. In the absence of any proof of income, the
chart 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.8,500/- (Rupees Eight Thousand Five Hundred
only) per month, if the accident is occurred in the year 2014.
The age of the deceased was 26 years as on the date of
accident, hence the multiplier 17 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.
8,500 X 40% = 3,400
8,500 + 3,400 = 8,500
11,900 divided by 2 = 5,950
11,900 - 5,950 = 5,950
5,950 x 12 x 17 =12,13,800/- Rs.12,13,800/-
NC: 2024:KHC:13335
In the present case, the deceased left behind his father,
mother, brother and sister. Hence, they are entitled to
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/-
Rs.48,000/- X 4 = Rs.1,92,000/-.
Therefore, the claimants are entitled for compensation of
Rs.1,92,000/- (Rupees One Lakh Ninety Two Thousand only)
towards loss of consortium.
This Court deems it appropriate to award Rs.33,000/-
(Rupees Thirty Three Thousand only) towards loss of estate and
transportation of the dead body, funeral and obsequies
ceremonies.
7. Accordingly, this Court re-determines the
compensation as under:-
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1. Towards loss of 12,13,800 Rs.12,13,800/-
dependency
2. Towards loss of 1,92,000 Rs.1,92,000/-
Consortium
3. Loss of estate & 33,000 Rs.33,000/-
transportation of dead
body and funeral and
obsequies.
Total: Rs.14,38,800/-
(Less) Compensation awarded by the Rs.9,32,000/-
Tribunal:
Enhanced compensation awarded by Rs.5,06,800/-
this Court:
Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
Court deems it appropriate to award interest at the rate of 6%
per annum on the enhanced compensation amount from the
date of claim petition till realization.
8. Hence, the following:
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ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:23.12.2014
passed by the Court of Motor Vehicles Accident
Claims Tribunal, Bangalore City in M.V.C
No.3059/2014 is modified to the extent stated
hereinabove.
2. The claimant is entitled for enhanced
compensation of Rs.5,06,800/- (Rupees Five Lakhs
Six Thousand Eight Hundred only) with 6% interest
per annum from the date of the claim petition till
the date of realization.
3. The second respondent - Insurance
Company is directed to deposit 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.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
