Karnataka High Court
Mrs. Meena vs Mrs. Rehana Nazeer on 6 August, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:31107
MFA No. 5298 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5298 OF 2019 (MV)
BETWEEN:
MRS. MEENA
AGED ABOUT 39 YEARS
W/O.ARKA BHADOOR
INDIRA NAGAR, HILUVALLI
NARASIMHARAJAPURA
CHICKMAGALURE-577134.
...APPELLANT
(BY SRI. PAVAN KUMAR, ADVOCATE FOR
SRI.AKASH B SHETTY.,ADVOCATE)
AND:
1. MRS. REHANA NAZEER
W/O K.S.NAZEER AHMED
ADULT, "HUSSINI MANZIL", SALMARA
KARKALA KASBA VILLAGE
KARKALA TALUK,UDUPI DISTRICT-574104.
Digitally signed by 2. NATIONAL INSURANCE COMPANY LTD.
HEMALATHA A 1ST FLOOR, NITHYANANDA COMPLEX
Location: HIGH
COURT OF MOODABIDRI 574227.
KARNATAKA ...RESPONDENTS
(BY SRI.H S LINGARAJU, ADVOCATE FOR R2:
NOTICE TO R1 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:09.03.2018
PASSED IN MVC NO.942/2015 ON THE FILE OF THE SENIOR
CIVIL JUDGE & AMACT, KARKALA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC:31107
MFA No. 5298 of 2019
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment
dated 09.03.2018 passed by the Senior Civil Judge &
AMACT, Karkala in MVC No.942/2015.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 02.02.2015 at about 02.15 p.m., the
deceased Mr.Bikram Bahadur S.K., was riding motorcycle
bearing Registration No.KA-20R-1975 MC Bajaj Pulser on
the left side of the Gandhi Maidan Road, at that time, the
driver of the Maruthi SX4 motor car bearing Registration
No.KA-20-P-5408 came on the opposite side and dashed
against the motorcycle. As a result of the aforesaid
accident, the claimant sustained grievous injuries and
succumbed to the injuries.
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3. The claimant filed a petition under Section 166 of the
Act, seeking compensation for the death of the deceased
along with interest. Subsequently by way of amendment,
the petition was filed under Section 163-A of the Act.
4. Upon service of notice, the respondents appeared
through counsel and filed written statement denying the
averments made in the claim petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The claimants, in order to prove the case,
examined claimant as PW-1 and got exhibited documents
namely Ex.P1 to Ex.P8. On behalf of respondents, neither
examined any witness nor exhibited any document. The
Claims Tribunal, by the impugned judgment, inter alia,
awarded a total compensation of Rs.3,96,400/- along with
interest at the rate of 8% p.a. and directed the Insurance
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Company to deposit the compensation amount along with
interest. Being aggrieved, this appeal has been filed.
6. The learned counsel appearing for the claimant has
raised the following submission:
a) Firstly, under Section 163-A of the Act, the notional
income of the deceased should be considered as Rs.40,000
per annum and 1/3rd of the deceased's income should be
deducted towards personal expenses, not 50% as
considered by the Tribunal, which is contrary to the
provisions of Section 163-A of the Act.
b) Secondly, the overall compensation awarded by the
Tribunal is on the lower side. Hence, he sought for
enhancement of compensation.
7. Per contra, the learned counsel for the Insurance
Company has raised the following submissions:
a) Firstly, although the claim petition was filed under
Section 166 of the Act, later, on request of the claimant,
the claim petition has been amended and the same has
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been treated as the one filed under Section 163-A of the
Act. Consequently, the Tribunal has rightly assessed the
monthly income of the deceased as Rs.3,300/-. The
overall compensation awarded by the Tribunal is just and
reasonable.
b) Secondly, in light of the Division Bench decision of
this Court in the case of Ms.Joyeeta Bose and others -
v- Venkateshan.V and others (MFA 5896/2018 and
connected matters disposed of on 24.8.2020), the
rate of interest awarded by the Tribunal at 8% p.a. on the
compensation amount appears excessive. Hence, he
sought for dismissal of the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. Even though the claim petition was filed under
Section 166 of the Act, later, the claimant sought for
amendment of the claim petition to be filed under Section
163-A of the Act. As per Schedule-II of the Act, the annual
income has to be considered as Rs.40,000/- and 1/3rd of
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the income of the deceased has to be considered towards
personal expenses. The deceased was aged about 20
years, the multiplier applicable to the age group is '18'.
Thus, the claimant is entitled to compensation of
Rs.4,80,000/- (Rs.40,000*18*2/3) on account of 'loss of
dependency'.
10. The compensation awarded by the Tribunal under the
other heads are just and reasonable.
11. Thus, the claimant is entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 4,80,000
Loss of love and affection 20,000
Funeral expenses 10,000
Conveyance 10,000
Total 5,20,000
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12. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimants are entitled to a total compensation of
Rs.5,20,000/- as against Rs.3,96,400/- awarded by the
Tribunal.
d) Following the judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra), the
enhanced compensation shall carry interest at 6% per
annum.
e) The Insurance Company is directed to deposit the
compensation amount along with interest from the date of
filing of the claim petition till the date of realization, within
a period of six weeks from the date of receipt of a copy of
this judgment.
f) The apportionment, deposit and release of amount
shall be made in accordance with the terms of the award
of the Tribunal.
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g) In view of the order dated 24.11.2023 passed by this
Court, the claimant is not entitled to interest on the
enhanced compensation for the delayed period of 359
days in filing the appeal.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
