Karnataka High Court
Sri. Anil S/O Basappa Horali vs Sri. Meerasab S/O Davalsab Mujavar on 4 April, 2024
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NC: 2024:KHC-D:6118
MFA No. 104122 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 104122 OF 2022 (MV-D)
BETWEEN:
1. SRI. ANIL S/O. BASAPPA HORALI,
AGE: 43 YEARS, OCC: AGRICULTURE.
2. KUMAR OMKAR S/O. ANIL HAROLI,
AGE: 16 YEARS, OCC: STUDENT.
3. KUMARI ANKITA D/O. ANIL HAROLI,
AGE: 14 YEARS, OCC: STUDENT.
4. KUMAR GUNDU S/O. ANIL HAROLI,
AGE: 12 YEARS, OCC: STUDENT,
SINCE APPELLANT 2 TO 4 ARE MINORS
R/BY M/G NATURAL FATHER APPELLANT NO.1,
ALL ARE R/O. MALGAON,
TQ: MIRAJ, DIST: SANGLI-416407.
...APPELLANTS
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
Digitally signed
by JAGADISH T R 1. SRI. MEERASAB S/O. DAVALSAB MUJAVAR,
Location: HIGH AGE: 46 YEARS, OCC: AGRICULTURE,
COURT OF R/O. KODAGANUR, TQ: ATHANI,
KARNATAKA DIST: BELAGAVI-591304.
2. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD,
CLUB ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M. K. SOUDAGAR, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED
05.02.2021 PASSED IN MVC NO.1645/2017 ON THE FILE OF THE II
ADDITIONAL SESSIONS JUDGE AND MEMBER OF ADDITIONAL
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NC: 2024:KHC-D:6118
MFA No. 104122 of 2022
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY
APPLICATION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by the appellants/claimants
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 5.2.2021 in MVC.No.1645/2017, on
the file of II Addl. District and Sessions Judge and MACT,
Belagavi (For short the Tribunal).
2. Sri.Harish S Maigur, learned counsel for the
appellants/claimants submits that the Tribunal has committed
an error in assessing the notional income of the deceased and
also committed an error in deducting the amount towards
personal and living expenses of the deceased at 1/3rd of the
assessed income in stead of 1/4th as there are four dependants.
Hence, he seeks to re-assess the same. He further submits that
the Tribunal has awarded lower compensation under the head
of loss of future prospects of the deceased and seeks to grant
10% escalation on the conventional heads by allowing the
appeal.
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3. Per contra, Sri.M.K.Soudagar, learned counsel for
the respondent No.2/Insurance Company supports the
impugned judgment and award passed by the Tribunal and
submits that the appellants have not placed any evidence with
regard to the income of the deceased and hence, the Tribunal
has justified in assessing the income and the same does not
call for any modification. He further submits that no doubt the
appellants are entitled to an addition of 40% towards loss of
future prospects of the deceased. However, on the said
amount, the appellants are not entitled to any interest for the
reason that the said component is not due to be paid by the
Insurance Company as on the day of consideration of their
prayer for grant of compensation. Hence, he seeks to dismiss
the appeal.
4. I have heard the arguments of learned counsel for
the appellants and the learned counsel for the respondent No.2
and perused the material available on record.
5. The husband and children of the deceased filed the
claim petition stating that the deceased met with road accident
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on 2.8.2013, sustained injuries and later she succumbed to the
injuries.
6. The materials available on record indicate that the
deceased was aged about 28 years. The appellants have not
placed any evidence with regard to the income of the deceased.
Hence, this Court re-assesses the income of the deceased
notionally at Rs.7,000/- p.m. placing reliance on the notional
income chart prepared by KSLSA. Admittedly, there are four
dependents of the deceased. Hence, appropriate deduction
would be 1/4. The appellants are entitled to an addition of 40%
to the future prospects of the deceased and appropriate
multiplier would be 17. Thus, the appellants are entitled to
compensation under the head of loss of dependency as under:
7,000 + 40% x 12 x 17 x 3/4 = Rs.14,99,400/-
7. Insofar as the contention of the learned counsel for
the respondent No.2/Insurance Company that the component
of future prospects should not carry interest, as the said
amount was never due with the Insurance Company. Such
contention cannot be not acceptable only for the simple reason
that the Motor Vehicles Act, 1988 being the benevolent
legislation and keeping in mind the objective of the Act, the
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technical pleas raised by the Insurance Company has no merit
consideration as the dependency and entitlement of the
compensation in the Motor Vehicle Accident cases cannot have
any arithmetical precision.
8. The appellants are entitled to Rs.1,76,000/-
(44,000x4) under the head of loss of consortium with
escalation of 10%. Similarly, appellants are entitled to
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.
9. Thus, the appellants/claimants would be entitled total
compensation on the following heads:
Sl.No. Particulars Amount
1. Loss of dependency Rs.14,99,400/-
2. Transportation of dead body & Funeral Rs.16,500/-
expenses
3. Loss of consortium Rs.1,76,000/-
4. Loss of Estate Rs.16,500/-
Total compensation Rs.17,08,400/-
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Thus, the claimants shall be entitled to total
compensation of Rs.17,08,000/- as against Rs.7,28,000/-
awarded by the Tribunal.
10. In the result, I 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.17,08,000/- as against
Rs.7,28,000/- 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 the date of payment.
d) The Insurer shall deposit the enhanced
compensation 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
Vb/-
