Karnataka High Court
Shakeena Bee W/O Mahimoda @Mahimud And ... vs Sri Sandeep Ellur S/O Basavaraj Ellur ... on 4 April, 2024
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NC: 2024:KHC-K:2821
MFA No. 200735 of 2021
C/W MFA No. 200762 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 200735 OF 2021 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200762 OF 2021
IN MFA NO.200735 OF 2021
BETWEEN:
1. HANUMANTRAYA S/O CHANDRAY,
AGE: 62 YEARS, OCC: COOLIE,
2. MANASHAMMA W/O HANMANTRAYA,
AGE: 60 YEARS, OCC: HOUSEHOLD,
Digitally
3. BHAIRAPPA S/O HANMANTRAYA,
signed by
SACHIN
AGE: 28 YEARS, OCC: COOLIE,
Location:
HIGH COURT
OF
KARNATAKA
4. MAREMMA D/O HANANTARAYA
AGE: 26 YEARS, OCC: HOUSEHOLD,
5. NAGARAJ S/O HANMANTARAYA,
AGE: 22 YEARS, OCC: STUDENT,
ALL ARE R/O.NO.49, GOURAMPET,
DEVADURGA, DIST: RAICHUR,
NOW RESIDING AT C/O. MALLIKARJUN REDDY,
DINNI VILLAGE, TQ AND DIST: RAICHUR-584 101.
...APPELLANTS
(BY SRI BASAVARAJ R.MATH, ADVOCATE)
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MFA No. 200735 of 2021
C/W MFA No. 200762 of 2021
AND:
1. SRI SANDEEP ELLUR
S/O BASAVARAJ ELLUR,
AGE: 41 YEARS,
OCC: BUSINESS,
OWNER OF THE
MINI LORRY BEARING
REG.NO.KA-36/M-1691,
R/O.MPL NO.6-1-60,
VASAVI NAGAR,
RAICHUR-584 101.
2. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
P.B.NO.355,
OPP.RDCC BANK LTD.,
GUNJ CIRCLE,
RAICHUR-584 101.
...RESPONDENTS
(BY SRI SUDARSHAN M. ADVOCATE FOR R-2;
V/O DTD.14.09.2021 NOTICE TO R-1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED
01.07.2019 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE
AND JMFC AND MACT AT RAICHUR IN MVC NO.7/2015 IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.200762 OF 2021
BETWEEN:
1. SHAKEENA BEE
W/O MAHIMODA @ MAHIMUD,
AGE: 29 YEARS, OCC: HOUSEHOLD.
2. MAHIBOOB BEE
D/O MOHIMODA @ MAHIMUD,
AGE: 9 YEARS, OCC: MINOR,
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NC: 2024:KHC-K:2821
MFA No. 200735 of 2021
C/W MFA No. 200762 of 2021
3. DAVID IBRAHIM
S/O MAHIMODA @ MAHIMUD,
AGE: 7 YEARS, OCC: MINOR,
THE APPELLANTS NO.2 AND 3 ARE MINORS,
THE NEXT FRIEND AND GUARDIAN OF
THEIR NATURAL MOTHER I.E., APPELLANT NO.1
4. IMAN SAB S/O RASOOL SAB,
AGE: 56 YEARS,
OCC: AGRICULTURE,
5. KHASIM BEE W/O IMAM SAB,
AGE : 54 YEARS, OCC: HOUSEHOLD,
6. SHAKNABI D/O IMAM SAB,
AGE: 22 YEARS, OCC: STUDENT,
7. KAMAL SAB S/O IMAM SAB,
AGE: 21 YEARS, OCC: STUDENT,
8. BABU S/O IMAM SAB,
AGE: 20 YEARS, OCC: STUDENT,
ALL ARE R/O NO.3A,
GOURAMPET, DEVADURGA,
DIST: RAICHUR-584 139.
...APPELLANTS
(BY SRI BASAVARAJ R.MATH, ADVOCATE)
AND:
1. SRI SANDEEP ELLUR
S/O BASAVARAJ ELLUR,
AGE: 41 YEARS,
OCC: BUSINESS,
OWNER OF THE
MINI LORRY BEARING
REG.NO.KA-36/M-1691,
R/O. MPL NO.6-1-60,
VASAVI NAGAR,
RAICHUR-584 101.
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NC: 2024:KHC-K:2821
MFA No. 200735 of 2021
C/W MFA No. 200762 of 2021
2. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
P.B. NO. 355,
OPP. RDCC BANK LTD.,
GUNJ CIRCLE, RAICHUR-584 101.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R-2;
V/O DTD.14.09.2021 NOTICE TO R-1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED
01.07.2019 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE
AND JMFC AND MACT AT RAICHUR IN MVC NO.6/2015 IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS ARE COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Basavaraj R.Math, learned counsel for the
appellants in both the appeals as well as Sri Sudarshan M.,
learned counsel who is appearing for respondent No.2.
2. Challenge in M.F.A.No.200762/2021 is the order
that is rendered by the Motor Accident Claims Tribunal,
Raichur in M.V.C.No.6/2015 (common order) dated
01.07.2019. Challenge in M.F.A.No.200735/2021 is the
order rendered by the same Court through the same
common order however in M.V.C.No.7/2015.
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3. The claimants in both the cases are before this
Court seeking for enhancement of compensation.
4. The limited grievance of the appellants in both
the appeals is with regard to the notional income taken in
respect of the deceased and non adding of future
prospects. Sri Sudarshan M., though stated that just
amount is awarded as compensation yet did not dispute
the fact that the Tribunal erred in failure to add future
prospects. The submission made by Sri Sudarshan M., is
also that the Tribunal had deducted 1/5th of the amount
towards personal and living expenses by considering the
siblings of the deceased - Mahimud as the dependants, but
as the parents are alive they cannot be considered to be
the dependants and thus 1/4th of the amount is required to
be deducted towards personal and living expenses of the
deceased-Mahimud regarding whose death M.V.C.No.6/2015.
This Court considers justification in the submission thus
made.
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5. Sri Basavaraj R.Math submits that deceased-
Mahimud in respect whom claim is made through
M.V.C.No.6/2015 was earning Rs.15,000/- per month
through agriculture and labour work whereas the deceased
Shivappa in respect of whose death a case is filed in
M.V.C.No.7/2015 was earning the same amount i.e.,
Rs.15,000/- per month as mason. However, in both the
cases no substantive proof is produced with regard to the
actual occupation and earnings as on the date of accident.
Therefore, considering the fact that even the Karnataka
State Legal Services Authority is taking the notional
income in respect of the accidents that occur in the year
2014, as Rs.7,500/- per month, this Court considers
desirable to employ the said figure for arriving at just sum
under the head 'loss of dependency'.
6. So for as M.V.C.No.6/2015 is concerned, the
dependants are admittedly the wife, a minor daughter, a
minor son and parents of the deceased-Mahimud. As
rightly contended, the other appellants i.e., the appellant
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Nos.6 to 8 cannot be considered to be the dependants of
the deceased as they being the siblings of the deceased
Mahimud and as their parents are still alive. Therefore, as
dependents are five in number, 1/4th of the income of the
deceased has to be deducted towards the personal and
living expenses which he would have incurred for himself
had he been alive. The deceased Mahimud as per the
contents of Ex.P.5 was aged about 24 years by the date of
accident. Thus, the appropriate multiplier to be applied is
'18' as per the decision of the Hon'ble Apex Court in the
Case of Sarla Verma (Smt.) and others vs. Delhi
Transport Corporation and another1. Also, as per the
decision of the Hon'ble Apex Court in the case of National
Insurance Company Limited vs. Pranay Sethi and
others2, 40% of the actual earnings has to be added
towards future prospects. Also 1/4th of the income has to
be deducted towards personal and living expenses which
the deceased- Mahimud would have incurred for himself
(2009) 6 SCC 121
(2017) 16 SCC 680
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had he been alive. Thus, the loss of dependency, if
calculated would be as under :-
Notional income Rs.7,500/-
On adding 40% towards future prospects Rs.10,500/-
Annual income Rs.1,26,000/-
On deduction of 1/4th towards personal Rs.94,500/-
and living expenses
On applying multiplier '18' Rs.17,01,000/-
Thus, the loss of dependency comes to Rs.17,01,000/-.
7. Together with the said amount, the appellants
are entitled to Rs.15,000/- towards 'loss of estate' and
Rs.15,000/- towards 'funeral expenses'. That apart, the
first appellant being the wife of the deceased Mahimud is
entitled to Rs.40,000/- towards 'spousal consortium',
appellant Nos.2 and 3 the minor children of the deceased
Mahimud are entitled to Rs.40,000/- towards 'loss of
parental consortium', appellant Nos.4 and 5 the parents of
the deceased are entitled to Rs.40,000/- towards 'loss of
filial consortium'. Thus, the compensation which the
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appellants in M.F.A.No.200762/2021 pertaining to
M.V.C.No.6/2015 are entitled to is as under :-
Sl. Compensation awarded by
Heads
No. Tribunal This Court
1. Loss of dependency Rs.12,09,600/- Rs.17,01,000/-
2. Funeral expenses Rs.15,000/- Rs.15,000/-
3. Loss of estate Rs.15,000/- Rs.15,000/-
4. Loss of love and Rs.20,000/- --
affection
5. Consortium Rs.40,000/- --
6. Loss of spousal -- Rs.40,000/-
consortium in respect
of appellant No.1
7. Loss of parental -- Rs.40,000/-
consortium in respect
of appellant Nos.2 and
8. Loss of filial Rs.40,000/-
consortium in respect
of appellant Nos.4 and
Total Rs.12,99,600/- Rs.18,51,000/-
8. Coming to the entitlement of the claimants in
M.F.A.No.200735/2021 which pertains to M.V.C.No.7/2015,
the claimants are the parents and major siblings of the
deceased Shivappa. As per the contents of Ex.P.9 the
deceased was aged about 27 years by the date of
accident. Thus, the appropriate multiplier to be applied is
'17' as per the decision of the Hon'ble Apex Court in the
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Case of Sarla Verma (supra). Admittedly, the deceased
died in the capacity of bachelor. Therefore, 50% of the
income of the deceased has to be deducted towards the
personal and living expenses which the deceased would
have incurred for himself had he been alive. Thus, the loss
of dependency if calculated would be as under :-
Notional income Rs.7,500/-
On adding 40% towards future prospects Rs.10,500/-
Annual income Rs.1,26,000/-
On deduction of 50% towards personal Rs.63,000/-
and living expenses
On applying multiplier '17' Rs.10,71,000/-
Thus, the 'loss of dependency' comes to
Rs.10,71,000/-.
9. Together with the said amount, the appellants
in M.F.A.No.200735/2017 pertaining to M.V.C.No.7/2015
are also entitled to Rs.15,000/- towards 'loss of estate',
Rs.15,000/- towards 'funeral expenses' and Rs.40,000/-
towards 'loss of consortium'. Thus, the entitlement of the
appellants under different heads would be as under :-
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Sl. Compensation awarded by
Heads
No. Tribunal This Court
1. Loss of dependency Rs.7,14,000/- Rs.10,71,000/-
2. Loss of estate Rs.15,000/- Rs.15,000/-
3. Loss of love and Rs.20,000/- --
affection
4. Funeral expenses Rs.15,000/- Rs.15,000/-
5. Loss of consortium -- Rs.40,000/-
Total Rs.7,64,000/- Rs.11,41,000/-
10. In the light of the foregoing discussion, the
following :
ORDER
i) Both the appeals are allowed in part.
ii) The amount awarded as compensation by
the Motor Accident Claims Tribunal,
Raichur through orders in
M.V.C.No.7/2015 dated 01.07.2019 is
enhanced from Rs.7,64,000/- to
Rs.11,41,000/-.
iii) The amount awarded as compensation by
the Motor Accident Claims Tribunal,
Raichur through orders in
M.V.C.No.6/2015 dated 01.07.2019 is
enhanced from Rs.12,99,600/- to
Rs.18,51,000/-.
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iv) The enhanced amount shall carry interest
at the rate of 6% per annum from the date
of petition till the date of deposit. However
in both the appeals the appellants are not
entitled for any interest for the period of
delay of 520 days as per order dated
14.09.2021.
v) The second respondent is directed to
deposit the enhanced amount within a
period of eight weeks from the date of
receipt of copy of this judgment.
vi) Apportionment made in both the appeals
remain undisturbed.
Learned counsel Sri Sudarshan M., granted time for
one week to file Vakalath in both the appeals.
Sd/-
JUDGE
SN
