Karnataka High Court
Smt. Shahina W/O Riyaxz Ahamed vs Sri Mruthunjaya S/O Shivanandayya ... on 5 April, 2024
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NC: 2024:KHC-D:6211
MFA No. 103632 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103632 OF 2022 (MV-D)
BETWEEN:
1. SMT. SHAHINA W/O. RIYAXZ AHAMED,
AGE: 33 YEARS,
OCC: HOUSEHOLD.
2. KUM. NAZIYA D/O RIYAZ AHAMED,
AGE: 11 YEARS,
OCC: STUDENT.
SINCE MINOR R/BY HER NATURAL
MOTHER APPELLANT NO.1.
3. SMT. APASANA W/O. RIYAZ AHAMED,
AGE: 31 YEARS,
OCC: HOUSEHOLD.
4. SMT. JAIBUNNISA K. W/O. MADARSAB,
AGE: 63 YEARS,
Digitally signed by
OCC: NIL,
JAGADISH T R ALL ARE R/O. TIMMAPUR ANAVATTI,
Location: HIGH TQ: SORABA,
COURT OF DIST: SHIVAMOGGA,
KARNATAKA
NOW AT AKKI-ALUR, TQ: HANGAL,
DIST: HAVERI-581102.
...APPELLANTS
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SRI. MRUTHUNJAYA S/O. SHIVANANDAYYA
HIREMATH,
AGE: 51 YEARS,
OCC: TRANSPORT BUSINESS,
R/O. CHIGALLI,
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NC: 2024:KHC-D:6211
MFA No. 103632 of 2022
TQ: MUNDAGOD,
DIST: KARWAR-581349.
2. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE COMPANY LTD,
BAPUGOUDAR COMPLEX,
NEAR TALUKA PANCHAYAT OFFICE,
OLD P.B. ROAD,
HAVERI-581110.
...RESPONDENT
(BY SRI. S. S. KOLIWAD, 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
29.10.2022 PASSED IN MVC NO.865/2019 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, HANGAL, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6211
MFA No. 103632 of 2022
JUDGMENT
This appeal is filed by the claimants/appellants seeking
enhancement of compensation being aggrieved by the
judgment and award dated 29.10.2022 passed in MVC
No.865/2019 on the file of Addl. Senior Civil Judge and MACT,
Hangal (for short, 'Tribunal').
2. Heard Sri.Harish.S.Maigur learned counsel appearing
for the appellants and Sri.S.S.Koliwad learned counsel
appearing for the respondent No.2/Insurance Company.
3. Learned counsel appearing for the
appellants/claimants submits that the Tribunal has committed
an error in deducting 1/3rd towards personal and living
expenses of the deceased on the ground that one of the
claimants is the second wife of the deceased-Riyaz Ahamed. He
submits that the appellants are entitled to 10% escalation on
the conventional heads. Hence, he seeks to modify the same by
allowing the appeal.
4. 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
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second wife is not a dependent, hence, the deduction of 1/3rd is
just and proper. Thus, he seeks to dismiss the appeal.
5. I have heard the arguments of learned counsel for the
respective parties. Perused the material available on record.
6. The claim petition is filed by the wives, children and
mother of the deceased Riyaz Ahamed. Considering the number
of claimants, the appropriate deduction would be 1/4th. There
is no dispute with regard to the income and age of the
deceased as 35 years as on the date of the accident, hence, the
claimants would be entitled to an addition of 40% of the
assessed income towards future prospects and applicable
multiplier of 16. Thus, the claimants would be entitled for
modified compensation on the head of loss of dependency as
under:
Rs.13,250 + 40% x 12 x 16 x 3/4 = Rs.26,71,200/-
7. The appellants are entitled to Rs.44,000/- each
including 10% escalation under the head of loss of consortium
and the appellants are also 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 including
10% escalation. Insofar as the direction to pay and recover by
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the Tribunal is unaltered. Thus, the claimants would be entitled
to modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 26,71,200/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium (44,000 x 4) 1,76,000/-
Total 28,80,200/-
Thus, the claimants shall be entitled to total
compensation of Rs.28,80,200/- as against Rs.24,44,400/-
awarded by the Tribunal.
8. 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 claimant would be
entitled to total compensation of
Rs.28,80,200/- as against
Rs.24,44,000/- awarded by the
Tribunal.
c) The enhanced compensation amount
shall carry interest at the rate of 6%
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per annum from the date of petition
till the date of payment.
d) The respondent No.2/Insurance
Company shall deposit the enhanced
compensation amount with accrued
interest before the Tribunal within a
period of six weeks from today and
liberty is granted to it to recover the
same from the respondent
No.1/owner of the offending vehicle.
e) The apportionment, deposit and
disbursement of enhanced
compensation shall be made as per
award of the Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
