Karnataka High Court
Smt. Aruna vs Sri Babu R Tate on 2 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13339
MFA No. 6375 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.6375 OF 2015(MV-D)
BETWEEN:
SMT. ARUNA
W/O LATE THRIMURTHY @ KISHOR,
AGED ABOUT 47 YEARS,
R/AT ARASAPURA CAMP,
KADLEBALU (P),
DAVANAGERE TQ AND DIST-577 589.
...APPELLANT
(BY SRI. PRAVEENA.H., ADVOCATE FOR
SRI. M.R.HIREMATHAD., ADVOCATE)
AND:
1. SRI. BABU.R.TATE
@ BABU RAGHU TATE,
S/O RAGHU TATE, DRIVER,
AGED ABOUT 29 YEARS,
R/O #44, MUSLIMVADA GAMA,
Digitally signed by BICHOLIM, NORTH GOA-403 504.
THEJASKUMAR N
Location: HIGH 2. SRI. JAYANTH DIXIT
COURT OF
KARNATAKA S/O VASUDEV DIXIT,
H.NO.2460, "MANASA" NAIK NAGAR,
BORDEM BICHOLIM, NORTH GOA-403 504.
3. THE MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
M.M.K.COMPLEX, AKKAMAHADEVI ROAD,
DAVANAGERE-577 003.
...RESPONDENTS
(R1 AND R2-STANDS DISMISSED V/O DATED:08.11.2017;
BY SRI. ANUP SEETHARAMARAO., ADVOCATE FOR
SRI. B.C.SEETHARAMARAO., ADVOCATE FOR R3)
-2-
NC: 2024:KHC:13339
MFA No. 6375 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:21.01.2015
PASSED IN MVC NO.876/2013 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND VII MACT AT
DAVANGERE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Praveena.H., learned counsel on behalf of
Sri.M.R.Hiremathad., for the appellant and Sri.Anup
Seetharama Rao., learned counsel on behalf of
Sri.B.C.Seetharama Rao., for respondent No.3 have appeared
in person.
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.
NC: 2024:KHC:13339
5. The point that would arise for consideration is
whether the Claimants are entitled for enhanced compensation.
6. The facts are sufficiently stated and do not require
reiteration. 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.3,60,000/- (Rupees Three Lakhs Sixty Thousand only)
towards Loss of dependency. It is contended that the deceased
was working as agriculturist and real estate business and was
earning Rs.25,000/- (Rupees Twenty Five Thousand only) to
Rs.30,000/- (Rupees Thirty Thousand only) per month.
However, there is no 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.8,000/- (Rupees Eight Thousand only) per month,
if the accident is occurred in the year 2013. The age of the
deceased was 50 years as on the date of accident, hence the
NC: 2024:KHC:13339
multiplier 13 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 25% as per chart because the
age of deceased is between 40 to 50 years
8,000 X 25% = 2,000
8,000 + 2,000 = 10,000
10,000 divided by 3 = 3,333
10,000 - 3,333 = 6,667
6,667 x 12 x 13 =10,40,052/- Rs.10,40,052/-
In the present case, the deceased left behind his wife.
Hence, she is 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/-
NC: 2024:KHC:13339
Rs.48,000/- X 1 = Rs.48,000/-.
Therefore, the claimant is entitled for compensation of
Rs.48,000/- (Rupees Forty Eight 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:-
1. Towards loss of 10,40,052 Rs.10,40,052/-
dependency
2. Towards loss of 48,000 Rs.48,000/-
Consortium
3. Loss of estate & 33,000 Rs.33,000/-
transportation of dead
body and funeral and
obsequies.
Total: Rs.11,21,052/-
(Less) Compensation awarded by the Rs.5,40,000/-
Tribunal:
Enhanced compensation awarded by Rs.5,81,052/-
this Court:
NC: 2024:KHC:13339
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:21.01.2015
passed by the Court of III Addl. Senior Civil Judge
and VII MACT, Davangere in M.V.C No.876/2013 is
modified to the extent stated hereinabove.
2. The claimant is entitled for enhanced
compensation of Rs.5,81,052/- (Rupees Five Lakhs
Eighty One Thousand Fifty Two only) with 6%
interest per annum from the date of the claim
petition till the date of realization.
3. The third 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.
NC: 2024:KHC:13339
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
