Karnataka High Court
Mrs Chandravathi vs Mr Abu Saleha on 5 August, 2024
-1-
NC: 2024:KHC:30894
MFA No. 6371 of 2014
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. 6371 OF 2014 (MV-I)
BETWEEN:
1. MRS CHANDRAVATHI
W/O LATE HARISH DEVADIGA @ HARISH,
AGED ABOUT 35 YEARS,
RESIDING AT SHRINIKETHANAN,
ATHREBAILU, KAVOOR KUNJATHBAIL,
MANAGALORE TALUK, D.K.
2. MASTER NIKHIL
S/O LATE HARISH DEVADIGA @ HARISH,
AGED ABOUT 6 YEARS,
REPRESENTED BY HIS
NEXT FRIEND NATURAL GUARDIAN
MOTHER-APPELLATE NO.1.
...APPELLANTS
(BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE)
Digitally signed by AND:
PRAJWAL A
Location: HIGH 1. MR ABU SALEHA
COURT OF S/O KHADAR SAHIB,
KARNATAKA R/O H NO.37, 2ND CROSS,
MUNESHWAR TEMPLE STREET,
H.M.ROAD, KARIYANAN PALYA,
ST. THOMAS TOWN POST,
BANGALORE.
2. NATIONAL INSURANCE CO. LTD.,
3 MIDDLETON STREET,
POST BOX NO.9229,KOLKATTA,
REPRESENTED BY
DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.
-2-
NC: 2024:KHC:30894
MFA No. 6371 of 2014
BHARAT BUILDING, 2ND FLOOR,
P M ROAD, MANGALORE, D.K.-575 003.
...RESPONDENTS
(BY SRI.ASHOK N.PATIL, ADVOCATE FOR R2;
R1-NOTICE DISPENSED WITH V/O/DATED 21.01.2015)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.06.2014 PASSED IN MVC
NO.1219/2012 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MEMBER, MACT, D.K, MANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
Though this appeal is listed for admission, by consent of
learned counsel for both the parties, the matter is taken up for
disposal.
2. Appellants, in this appeal, are seeking enhancement
of compensation against the award dated 26.06.2014
in MVC.No.1219/2012 by IV Additional District Judge &
Member, MACT, Mangalore (in short 'the Tribunal').
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3. The Tribunal has awarded Rs.8,64,300/- with 6% interest
and the same was satisfied by the Insurance Company. The
only issue is with regard to the enhancement.
4. For the sake of convenience, rank of the parties will be
referred to as per their status before the Tribunal.
5. Brief facts of the case are, on 17.06.2012 at about 5:15
P.M., while Harish Devadiga was travelling in his Auto Rickshaw
at NH.48 (Bangalore-Mangalore Road), a Lorry bearing
Registration No.KA-03-D-8794 dashed against the Auto
Rickshaw causing him grievous injuries. He died on the way to
hospital. Petitioners being the dependents of the deceased have
approached the Tribunal for grant of compensation of
Rs.20,00,000/-. The Tribunal, after taking evidence and on
hearing both the parties, by the impugned judgment and award
allowed the claim petition in MVC No. 1219/2012 awarding the
compensation. Pleading inadequacy and seeking enhancement
of compensation, the petitioners are before this court.
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6. The Tribunal has awarded a compensation as follows:
SL.NO. PARTICULARS AMOUNT
1. Loss of dependency Rs.6,93,000/-
2. Loss of love and affection Rs.50,000/-
3. Loss of Estate Rs.50,000/-
4. Loss of consortium Rs.50,000/-
Towards Funeral and
5. Rs.15,000/-
obsequies
6. Damages of Auto rickshaw Rs.6,000/-
TOTAL Rs.8,64,300/-
7. The material on record would point out that at the time of
accident, the deceased was aged 49 years and the applicable
multiplier is '13'. In the year 2014, a person with no proof of
income not less than Rs.7,000/- whereas the Tribunal has taken
notional income of Rs.5,000/- per month. Therefore, notional
income of the deceased Harish Devadiga is taken at Rs.7,000/-
per month.
8. In a case of this nature the principle of assessing
compensation has been settled in National Insurance
Company Limited Vs. Pranay Sethi and others1,
Sarla Verma (Smt) & Others Vs. Delhi Transport
(2017) 16 SCC 680
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Corporation & another2 and Magma General Insurance
Company Limited V/s. Nanu Ram and Others3.
9. Since the deceased was aged less than 50 years, 25% has
to be added as future prospects. The deceased has left behind
two dependants. Hence 1/3rd has to be deducted towards
personal expenses. Conventional head has to be considered at
10% appreciation as accident is ten years old. The Tribunal has
awarded Rs.6,000/- towards damages to the Auto whereas the
evidence speaks that the Surveyor, who examined the damaged
Auto estimated the damages at Rs.21,000/-. It is also
forthcoming that the Auto was sold for Rs.10,000/-.
Therefore, the difference amount i.e., Rs.11,000/- has to be
awarded instead of Rs.6,000/-. Towards consortium and loss of
love and affection-Rs.40,000/- each. Towards funeral
expenses and loss of Estate-Rs.15,000/- each is assessed.
Loss of dependency works out to Rs.7,000+1,750 (7,000*25%)
=Rs.8,750; Rs.8,750-1/3rd = Rs.5,834*12*13 = Rs.9,10,104/-.
10. Thus, the petitioner is entitled to the following
compensation:
(2009)6 SCC 121
(2018)18 SCC 130
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SL.
PARTICULARS AMOUNT
NO.
1. Loss of dependency Rs.9,10,104/-
2. Conventional head Rs.11,000/-
3. Loss of Estate Rs.15,000/-
4. Loss of consortium Rs.80,000/-
Towards Funeral and
5. Rs.15,000/-
obsequies
6. Damages of Auto rickshaw Rs.11,000/-
TOTAL Rs.10,42,104/-
Less: Compensation awarded by
Rs.8,64,300/-
the Tribunal
Enhanced compensation Rs.1,77,804/-
Therefore, total compensation works out to Rs.10,31,104/-
as against Rs.8,64,300/- awarded by the Tribunal.
The enhanced compensation works out to Rs.1,77,804/- rounded
off to Rs.1,78,000/-. It is the just compensation the petitioner
is entitled to under the facts and circumstances of the case.
The appeal merits consideration, in the result, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The impugned judgment and award is modified;
(iii) The Petitioner would be is entitled for enhanced
compensation of Rs.1,78,000/- with interest at
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the rate of 6% per annum from the date of petition
till the date of deposit;
(iv) Insurance Company shall deposit the said amount
with interest within a period of eight weeks
from the date of receipt of a certified copy of the
judgment; and
(v) The amount in deposit, if any, shall be transmitted
to the Tribunal for disbursal in terms of
apportionment.
SD/-
(T.G. SHIVASHANKARE GOWDA)
JUDGE
AV
