Karnataka High Court
M/S United India Insurance Company ... vs Smt Karibasamma on 5 August, 2024
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NC: 2024:KHC:30895
MFA No. 9499 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MISCELLANEOUS FIRST APPEAL NO. 9499 OF 2015 (MV-D)
BETWEEN:
M/S UNITED INDIA INSURANCE
COMPANY LIMITED.,
C.N.ROAD, BHADRAVATHI,
NOW REP. BY ITS DIVISIONAL OFFICE,
A.A.CIRCLE, B.H.ROAD, SHIVAMOGGA,
REP. BY ITS DIVISIONAL MANAGER. ...APPELLANT
(BY SRI.LAKSHMI NARASAPPA, ADVOCATE FOR
SRI.A.M.VENKATESH, ADVOCATE)
AND:
1. SMT. KARIBASAMMA
W/O H.V.BASAVARAJ
AGED ABOUT 51 YEARS,
R/O 1ST STAGE, 5TH CROSS,
VINOBANAGAR EXTENSION,
SHIVAMOGGA CITY.
Digitally signed by 2. ROOPKUMAR
PRAJWAL A
S/O SUBBARAYAPPA,
Location: HIGH COURT R/O BUKLAPURA VILLAGE,
OF KARNATAKA
SHIVAMOGGA TALUK.
(OWNER OF TVS VICTOR MOTORCYCLE
BEARING REG NO. KA-18/L-6482)
3. GANGADHARA
S/O SUBBARAKI,
AGED ABOUT 38 YEARS,
POLICE CONSTABLE,
NO. 1318, RURAL POLICE STATION,
BHADRAVATHI TOWN. ...RESPONDENTS
(BY SRI.E.R.GAJENDRA NAIDU, ADVOCATE FOR R1)
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NC: 2024:KHC:30895
MFA No. 9499 of 2015
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.08.2015 PASSED IN MVC
ST
NO.594/2013 ON THE FILE OF THE 1 ADDITIONAL SENIOR CIVIL
JUDGE ADDITIONAL MACT-7, SHIMOGA, AWARDING THE
COMPENSATION OF RS.15,53,175/- WITH INTEREST AT 6% P.A.
FROM THE DATE OF PETITION TILL THE REALIZATION.
THIS APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
In this appeal, the Insurance Company is seeking
reduction of compensation awarded by the Tribunal.
2. For the sake of convenience, rank of the parties will be
referred to as per their status before the Tribunal.
3. The accident, cause of the accident, death of the
deceased and entitlement of petitioner for compensation and
liability on the part of the Insurance Company to pay the
compensation is not in dispute. On the ground that the
petitioner is wife, single dependant, 50% has to be deducted
towards personal expenses; Income Tax at Rs.10,000/- has to
be deducted; and the deceased was aged 56 years left with
three and a half years of service, a split multiplier has been
applied.
NC: 2024:KHC:30895
4. Heard the argument of Shri Lakshmi Narasappa, learned
counsel for the appellant and Shri E.R.Gajendra Naidu, learned
counsel for respondent No.1.
5. It is contended by the learned counsel for the Insurance
Company that Net Salary of the deceased is Rs.24,497/- and
professional tax of Rs.200/- has to be paid per month
and also the Tribunal did not consider the tax component and
taken full salary. Since the age of the deceased is more than
56 years, it is a case of split multiplier and the Tribunal
has not considered this aspect.
6. Per contra, learned counsel for the petitioner has
contended that the deceased was a Police Head Constable,
post retirement, he had better prospects of re-employment at
higher salary and pension, his income will be higher. Hence,
the concept of split multiplier is not applicable.
7. I gave my anxious consideration to the arguments
addressed by both sides and perused the materials on record.
8. The records shows that the deceased was a Police Head
Constable. He was aged 56 years and 6 months at the
time of accident. Undisputedly, the applicable multiplier is '9'
NC: 2024:KHC:30895
and the deceased was left with 3 years of service.
As rightly contended by the learned counsel for the petitioner,
it is not a case for split multiplier. Since the petitioner being
wife alone, the Hon'ble Apex Court has laid down in the case of
R.Valli & Others Vs. Tamil Nadu State Transport
Corporation Ltd.,1 the contention of the Insurance Company
has been answered.
9. In the year 2012, there is no income tax for a person who
earns Rs.24,497/- per month after all exemptions and
allowances are allowed. Since the claimant is wife herself,
the contention with regard to 50% of the deduction,
even for the sake of argument is permitted,
loss of dependency works out to Rs.15,08,868/-
[Rs.27,941(Rs.24,297+3,644)*50%=13971*12*9]; Medical
bills amounting to Rs.12,210/- which has to be reimbursed.
Loss of consortium-Rs.40,000/-. Loss of Estate and Funeral
Expenses at Rs.15,000/- each with (+) 10% appreciation, in
the light of judgment in National Insurance Company
Limited Vs. Pranay Sethi and others 2. The total
compensation comes more than what has been awarded by the
1 (2022) 5 SCC 107
(2017) 16 SCC 680
NC: 2024:KHC:30895
Tribunal. Hence, it is not a case for reduction of compensation.
Resultantly, this appeal does not merit consideration and the
same stands dismissed.
10. The amount in deposit shall be transferred to the tribunal
and the Insurance Company shall pay the balance amount of
compensation with 6% interest from the date of petition till the
date of realization, within a period of eight weeks from the date
of receipt of a certified copy of this judgment.
SD/-
(T.G. SHIVASHANKARE GOWDA)
JUDGE
AV
