Karnataka High Court
Aravind S/O Parvatagouda Patil vs Pradeep S/O Leelachand Rathod on 2 April, 2024
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MFA No. 102279 of 2014
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. 102279 OF 2014 (MV-D)
BETWEEN:
1. SHRI. ARAVIND S/O. PARVATAGOUDA PATIL,
AGE: 35 YEARS, OCC: SERVICE,
R/O. YARADAL, TQ: BAILHONGAL,
DIST: BELGAUM.
2. KUMAR PREETAM S/O. ARAVIND PATIL,
AGE: 08 YEARS, OCC: SERVICE,
R/O. YARADAL, TQ: BAILHONGAL,
DIST: BELGAUM.
Digitally signed 3. KUMAR VINAYAKUMAR S/O. ARAVIND PATIL,
by ROHAN
HADIMANI T
Location: HIGH AGE: 05 YEARS, OCC: SERVICE,
COURT OF
KARNATAKA R/O. YARADAL, TQ: BAILHONGAL,
DIST: BELGAUM.
SINCE APPELLANTS NO.2 AND 3 ARE
MINORS REPRESENTED BY THEIR M/G
APPELLANT NO.1, SHRI. ARAVIND
S/O. PARVATAGOUDA PATIL.
...APPELLANTS
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
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MFA No. 102279 of 2014
AND:
1. SHRI. PRADEEP S/O. LEELACHAND RATHOD,
AGE: 50 YEARS, OCC: BUSINESS,
R/O. C-12, MIDC, SHIROLI,
TQ: HATAKANAGALE, DIST: KOLHAPUR,
(MAHARASHTRA STATE).
2. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO. LTD,
204/E, KANCHANAGANGA,
OPP: PANCHSHEEL HOTEL,
ST STAND ROAD, KOLHAPUR.
...RESPONDENTS
(BY SHRI. G. N. RAICHUR, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
AS CLAIMED BY THE APPELLANTS BY MODIFYING THE JUDGMENT
AND AWARD PASSED BY THE SENIOR CIVIL JUDGE AND ADDL.
M.A.C.T, BAILHONGLA IN MVC NO.1490/2012 DATED 07/05/2014, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 102279 of 2014
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 seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 07.05.2014 passed in
MVC.No.1490/2012 by the Senior Civil Judge & Addl.
M.A.C.T., Bailhongal (for short, 'Tribunal').
3. Heard Sri.Hanamant R.Latur, learned counsel
appearing for the appellants/claimants and
Sri.G.N.Raichur, learned counsel appearing for the
respondent No.2/Insurance Company.
4. Learned counsel appearing for the
appellants/claimants submits that the Tribunal has
committed grave error in assessing the income of the
deceased notionally at Rs.3,000/- per month without
considering the oral testimony of PW1 and documentary
evidence available on record that the deceased was
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conducting regular tuition classes and doing tailoring work
and used earn more than Rs.10,000/- per month, hence,
he seeks to reassess the income of the deceased. It is
further submitted that the Tribunal has not awarded any
compensation under the head of future prospects of the
deceased and award of compensation on other
conventional heads is also on the lower side, hence, he
seeks to reassess the same. Thus, he seeks to allow the
appeal.
5. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the appellants/claimants have not placed any
evidence with regard to the income of the deceased.
Hence, the Tribunal has justified in assessing the income
of the deceased at Rs.3,000/- per month. He submits that
the award of compensation by the Tribunal on all the other
heads is also just and proper and does not call for any
modification . Thus, he seeks to dismiss the appeal.
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6. I have heard the arguments of the learned
counsel appearing for the appellants/claimants and
learned counsel appearing for the respondent
No.2/Insurance Company. Meticulously perused the trial
Court records.
7. It is not in dispute that the wife of the appellant
No.1 met with a road accident on 03.02.2012 and
sustained grievous injuries and later she succumbed to the
injuries. The deceased was aged about 28 years as on the
date of the accident. Insofar as the income of the
deceased is concerned, the Tribunal has assessed the
income of the deceased at Rs.3,000/- per month. No
doubt that the appellants have not placed any evidence
with regard to the actual income of the deceased, PW1
who is the husband of the deceased has clearly deposed
before the Tribunal that the deceased was highly qualified,
had completed B.A.B.Ed. course and was conducting
tuition classes and was also doing tailoring work and out of
the aforesaid avocation, she used to earn more than
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Rs.10,000/- per month. On considering the oral testimony
of PW1 and comparing Exs.P6 to P12 which clearly indicate
that the deceased has completed B.A.B.Ed Graduation and
was a meritorious in academics, this Court is of the
considered view that the oral testimony of PW1 is required
to be believed, in the absence of any contrary evidence on
record. Admittedly, the respondent No.2/Insurance
Company has not placed any evidence to disbelieve the
oral testimony of PW1 and documentary evidence available
on record.
8. This Court normally places reliance on the
notional income chart prepared by the Karnataka State
Legal Services Authority while assessing the notional
income in motor vehicle accident cases. As per the above
said notional income chart, the income is fixed at
Rs.6,500/- per month to the unskilled labour. Taking note
of the above said notional income chart and oral testimony
of PW1 and other educational documents of the deceased,
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this Court reassesses the income of the deceased at
Rs.10,000/- per month.
9. The appellants are also entitled to 40% addition
to the assessed income of the deceased under the head of
loss of future prospects of the deceased. Thus, the
claimants would be entitled to modified compensation on
the head of loss of dependency as under:
Rs.10,000 + 40% x 12 x 17 x 2/3 = Rs.19,04,000/-
10. The appellants being the husband and children
of the deceased are also entitled to Rs.40,000/- each with
10% escalation under the head of loss of consortium
(i.e.Rs.44,000/- each). The appellants are also entitled to
Rs.15,000/- with 10% escalation (i.e.Rs.16,500/-) under
the head of 'loss of estate' and Rs.15,000/- with 10%
escalation (i.e.Rs.16,500/-) under the head of
'transportation of dead body and funeral expenses'.
11. The award of compensation under the head of
medical expenses is unaltered. Thus, the claimant would
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be entitled to modified compensation on the following
heads:
Particulars Amount
(in Rs.)
Loss of dependency 19,04,000/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium (Rs.44,000 X 3 1,32,000/-
dependants)
Medical expenses 1,00,000/-
Total 21,69,000/-
Thus, the claimants would be entitled to total
compensation of Rs.21,69,000/- as against
Rs.7,52,000/- awarded by the Tribunal.
12. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants would be entitled to total
compensation of Rs.21,69,000/- as
against Rs.7,52,000/- awarded by the
Tribunal.
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c) The enhanced compensation amount shall
carry interest at the rate of 6% per
annum from the date of petition till the
date of payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with
accrued interest before the Tribunal within
a period of 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) Registry to transmit the records to the
Tribunal.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
