Karnataka High Court
Sri.Datta S/O Balu Gaonkar vs Shri.Rahul S/O Maruti Dhare on 2 April, 2024
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NC: 2024:KHC-D:6042
MFA No. 100106 of 2019
C/W MFA No. 104817 of 2019
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. 100106 OF 2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 104817 OF 2019
IN MFA NO.100106/2019
BETWEEN:
THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD,
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI.
NOW REPRESENTED BY DULY CONSTITUTED
ATTORNEY (S), FOR THE NEW INDIA
ASSURANCE COMPANY LTD,
...APPELLANT
(BY SRI. M. Y. KATAGI, ADVOCATE)
AND:
Digitally
signed by 1. SRI. DATTA S/O. BALU GAONKAR,
JAGADISH T R
AGE: 59 YEARS, OCC: NIL,
Location:
HIGH COURT R/O. PARAWAD, POST: KANAKUMBI,
OF
KARNATAKA TQ: KHANAPUR, DIST: BELAGAVI.
2. SMT. RUKMINI W/O. DATTA GAONKAR,
AGE: 54 YEARS, OCC: HOUSE HOLD WORK,
R/O. PARAWAD, POST: KANAKUMBI,
TQ: KHANAPUR, DIST: BELAGAVI.
3. MR. DURGESH S/O. DATTA GAONKAR,
AGE: 26 YEARS, OCC: STUDENT,
R/O. PARAWAD, POST: KANAKUMBI,
TQ: KHANAPUR, DIST: BELAGAVI.
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NC: 2024:KHC-D:6042
MFA No. 100106 of 2019
C/W MFA No. 104817 of 2019
4. MR. NEELESH S/O. DATTA GAONKAR,
AGE: 23 YEARS, OCC: STUDENT,
R/O. PARAWAD, POST: KANAKUMBI,
TQ: KHANAPUR, DIST: BELAGAVI.
5. SHRI. RAHUL S/O. MARUTI DHARE,
AGE: 39 YEARS, OCC: BUSINESS,
R/O. H.NO.193, SHAHAOUR INCHALKARANAJI,
TAL: HATKANAGLE, DIST: KOLHAPUR-416109.
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR, ADV. FOR R1 TO R4;
SRI. MRUTYUNJAY TATA BANGI, ADV. FOR R5)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS
FROM THE LOWER COURT AND ALLOW THE APPEAL AS PRAYED FOR
BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 16/11/2018
PASSED BY THE BEFORE ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL AND SENIOR CIVIL JUDGE KHANAPUR, IN MVC
NO.203/2015 WITH COSTS IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 104817/2019
BETWEEN:
1. SRI. DATTA S/O. BALU GAONKAR,
AGE: 59 YEARS, OCC: NIL,
R/O. PARAWAD, POST: KANAKUMBI,
PIN: 591110, TAL: KHANAPUR. DIST: BELAGAVI.
2. SMT. RUKMINI W/O. DATTA GAONKAR,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O. PARAWAD. POST: KANAKUMBI. PIN: 591110
TAL: KHANAPUR. DIST: BELAGAVI.
3. MR. DURGESH S/O. DATTA GAONKAR,
AGE: 26 YEARS, OCC: STUDENT,
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NC: 2024:KHC-D:6042
MFA No. 100106 of 2019
C/W MFA No. 104817 of 2019
R/O. PARAWAD, POST: KANAKUMBI, PIN: 591110,
TAL: KHANAPUR. DIST: BELAGAVI.
4. MR. NEELESH S/O. DATTA GAONKAR,
AGE: 22 YEARS, OCC: STUDENT,
R/O. PARAWAD, POST: KANAKUMBI, PIN: 591110,
TAL: KHANAPUR, DIST: BELAGAVI.
...APPELLANTS
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
1. SHRI.RAHUL S/O. MARUTI DHARE,
AGE: 39 YEARS, OCC: BUSINESS,
R/O. H.NO.-193, SHAHAOUR-INCHALKARANJI,
TAL: HATKANAGALE, DIST: KOLHAPUR, PIN: 416109.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI,
PIN: 590001, TQ & DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND SENIOR
CIVIL JUDGE, KHANAPUR, IN M.V.C NO.203/2015 DATED
16/11/2018, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 100106 of 2019
C/W MFA No. 104817 of 2019
JUDGMENT
Though these appeals are listed for orders, with the
consent of learned counsel for the parties, they are taken up
for final disposal.
2. MFA No.100106/2019 is filed by the insurance
company and MFA No.104817/2019 is filed by the claimants
seeking to challenge the award of compensation passed under
judgment and award dated 16.11.2018 passed in
MVC.No.203/2005 by the Senior Civil Judge and MACT,
Khanapur (for short, 'Tribunal').
3. Heard Sri.M.Y.Katagi, learned counsel for the
appellant-insurance company and Sri.Hanumant R.Latur,
learned counsel for the claimants and Sri.Mrutyunjay Tata
Bangi, learned counsel for the respondent No.5-owner of the
vehicle.
4. Learned counsel for the insurance company submits
that the Tribunal has committed an error in assessing the
income of the deceased at Rs.9,000/- p.m., as per the claim
petition the deceased was working in an employment society,
Panaji, however, no cogent and acceptable evidence is placed
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before the Tribunal, hence, the same is required to be re-
assessed. He further submits that the Tribunal has committed
an error in deducting 1/3rd of the assessed income towards
personal and living expenses of the deceased. Admittedly, the
deceased was a bachelor, hence, appropriate deduction would
be 50%. He also submits that the claimants are entitled to an
addition of 40% under the head of loss of future prospects of
the deceased. Hence, he seeks to allow the appeal filed by the
insurance company by dismissing the appeal filed by the
claimants.
5. Per contra, learned counsel for the claimants
submits that the Tribunal has erred in not granting any
compensation under the head of loss of future prospects, which
the claimants are entitled at 40%. He further submits that
assessment of income by the Tribunal is just and proper and
does not call for any modification. Hence, he seeks to dismiss
the appeal filed by the insurance company and to allow the
appeal filed by the claimants.
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6. I have heard the learned counsel for the insurance
company and the learned counsel for the claimants and
perused the material available on record.
7. It is not in dispute that in a road accident that
occurred on 01.06.2013, one Sri.Dinesh Datta Gaonkar has
sustained grievous injuries and succumbed to the injuries
sustained in the accident. The deceased was aged about 26
years and was a bachelor. Admittedly, the claimants have not
placed any evidence with regard to the income of the deceased.
Hence, this Court, re-assesses the income of the deceased at
Rs.7,000/- p.m. notionally placing reliance on the notional
income chart prepared by the KSLSA. Since the deceased was a
bachelor, appropriate deduction would be 50% towards his
personal and living expenses and the claimants are entitled to
an addition of 40% of the assessed income towards loss of
future prospects of the deceased. Since the deceased was aged
about 26 years as on the date of accident, the appropriate
multiplier would be 17, which has been rightly considered by
the Tribunal. Hence, the compensation under the head of loss
of dependency would be:
Rs.7,000 + 40% X 12 X 17 X 50% = Rs.9,99,600/-.
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8. The claimants are entitled to loss of consortium of
Rs.44,000/- each including 10% escalation. The claimants
are also entitled to compensation Rs.16,500/- under the head
of loss of estate and Rs.16,500/- under the head of
transportation of dead body and funeral expenses. Thus, in all,
the claimants shall be entitled to modified compensation as
under:
HEADS AMOUNT
(in Rs.)
Loss of dependency 9,99,600/-
Loss of consortium (Rs.44,000 X 4) 1,76,000/-
Transportation of dead body & funeral 16,500/-
expenses
Loss of estate 16,500/-
Total 12,08,600/-
9. In total, the claimants are entitled to modified
compensation of Rs.12,08,600/- as against Rs.13,49,000/-
awarded by the Tribunal. The compensation amount shall carry
interest at 6% p.a.
10. In the result, this Court proceeds to pass the
following:
ORDER
a) Both the appeals are allowed in part.
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b) The impugned common judgment and award
of the Tribunal is modified to an extent that
the claimants would be entitled to total
compensation of Rs.12,08,600/- as against
Rs.13,49,000/- awarded by the Tribunal
c) The modified 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
modified 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) The apportionment, deposit and disbursement
shall be made as per award of the Tribunal.
f) The amount in deposit, if any, shall be
transmitted back to the Tribunal along with
records forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
BSR
