Karnataka High Court
The Branch Manager vs Maheboob S/O Allauddin Ghate And Ors on 7 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5796
MFA No. 202410 of 2018
C/W MFA No. 201163 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 202410 OF 2018 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 201163 OF 2019
IN MFA NO.202410/2018:-
BETWEEN:
THE BRANCH MANAGER
ORIENTAL INSURANCE CO. LTD.,
1ST FLOOR, BIDARI COMPLEX,
S.S. FRONT ROAD, VIJAYAPUR
(NOW REPRESENTED BY AUTHORIZED
SIGNATORY, HUBLI)
Digitally signed
by SUMITRA ...APPELLANT
SHERIGAR (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. MAHEBOOB S/O ALLAUDDIN GHATE
AGE: 52 YEARS, OCC: NIL.
2. RAZIYA W/O MAHEBOOB GHATE
AGE: 47 YEARS, OCC: NIL
BOTH R/O: SHELAGI,
TQ: SOLAPUR-413001.
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NC: 2024:KHC-K:5796
MFA No. 202410 of 2018
C/W MFA No. 201163 of 2019
3. M/S CHOUDHARY FRIGHT CARRIERS
R/O. BHOPALE NAGAR,
HOTAGI ROAD, SOLAPUR-413001.
...RESPONDENTS
(BY SRI SANGANABBASAVA B. PATIL, ADV. FOR R1 AND R2;
R3-SERVED)
THIS MFA IS FILED U/S 173(1) IF MVC ACT, PRAYING TO
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD
DATED 05.07.2018 IN MVC NO.79/2016 PASSED BY THE II
ADDL. SENIOR CIVIL JUDGE AND MACT VII AT VIJAYAPURA.
IN MFA NO.201163/2019:-
BETWEEN:
1. MAHEBOOB S/O ALLAUDDIN GHATE
AGE: 53 YEARS, OCC: NIL.
2. RAZIYA W/O MAHEBOOB GHATE
AGE: 48 YEARS, OCC: NIL
BOTH R/O: SHELAGI,
TQ: & DIST: SOLAPUR-413002.
...APPELLANTS
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
AND:
1. M/S CHOUDHARY FRIGHT CARRIERS
R/O. BHOPALE NAGAR,
HOTAGI ROAD, SOLAPUR-413004.
2. THE BRANCH MANAGER
ORIENTAL INSURANCE CO. LTD.,
1ST FLOOR, BIDARI COMPLEX,
S.S. FRONT ROAD, VIJAYAPUR-586101
...RESPONDENTS
(BY SMT. PREETI S. PATIL, ADV. FOR R2)
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NC: 2024:KHC-K:5796
MFA No. 202410 of 2018
C/W MFA No. 201163 of 2019
THIS MFA IS FILED U/S 173(1) IF MVC ACT, PRAYING TO
MODIFYING THE JUDGMENT AND AWARD PASSED BY THE II
ADDITIONAL SENIOR CIVIL JUDGE AND MACT VII VIJAYAPUR
AT VIJAYAPUR IN MVC NO.79/2016 DATED 05.07.2018 AND
ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The appeal in MFA No.202410/2018 is filed by the
insurer challenging the compensation awarded for the
death of Mubarak in a motor vehicle accident, principally,
on the ground that the accident occurred at Kamti Budruk,
on Solapur-Kamti Budruk road, that is in Maharashtra and
therefore the claim proceedings could not have been
initiated at Vijayapura.
2. In the light the judgment referred to by the Hon'ble
Apex Court in the case of Mantoo Sarkar Vs. Oriental
Insurance Co. Ltd. 2009 (2) SCC 244 and judgment of
this Court in Civil Appeal No.10/2016 between Malati
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Sardar Vs Natonal Insurance Company Limited and
Others (2016) 3 SCC 43, this argument would have no
substance and hence the appeal MFA No.202410/2018 is
dismissed.
3. As far as the appeal regarding enhancement, it is
noticed that the Tribunal has awarded the following sums:
Sl. Amount
Heads of Compensation
No. (In Rs.)
1. Loss of Dependency 5,40,000/-
2. Loss of love and affection 40,000/-
3. Funeral expenses & 25,000/-
Transportation charges
4. Loss of estate 20,000/-
Total 6,25,000/-
4. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income, notionally at
Rs.5,000/-. As there is no credible evidence to ascertain
the actual monthly income, it would be appropriate and
prudent to adopt the monthly income determined by
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Karnataka State Legal Services Authority, which, for the
accident of the year 2015, would be Rs.8,000/-.
5. As the deceased was aged about 22 years, 40% of
the same (Rs.3,200/-) would have to be added to the said
income as future prospects and the resultan income would
be Rs.11,200/-.
6. Out of the said sum, 50% has to be deducted
towards the personal expenses of the deceased as he was
a bachelor, which makes his monthly income as
Rs.5,600/- for the purpose of calculating the loss of
dependency.
7. As the deceased was aged 22 years, a multiplier of
'18' will have to be applied.
8. Consequently, the claimants would be entitled to a
sum of Rs.12,09,600/- towards loss of dependency,
(Rs.5,600/-/- x 12 x18).
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9. The claimants being the parents, each of them would
be entitled to a sum of Rs.44,000/- towards "loss of
consortium" i.e., in all Rs.88,000/- and they would also be
entitled to a sum of Rs.33,000/- under the "conventional
heads".
10. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
Sl. Amount
Nature of Heads
No. (In Rs.)
1. Loss of Dependency 12,09,600/-
2. Loss of Consortium 88,000/-
3. Conventional Head 33,000/-
Total 13,30,600/-
11. Thus, the claimants would be entitled for
compensation of Rs.13,30,600/- as against Rs.6,25,000/-
awarded by the Tribunal, along with interest at the rate of
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six per cent per annum from the date of petition till its
realization.
12. The Insurance Company is directed to deposit the
amount of compensation awarded along with interest
within a period of eight weeks from the date of receipt of a
certified copy of this judgment.
13. The amount in deposit in MFA No.202410/2018, if
any, shall be transferred to the Tribunal for disbursal in
terms of the award.
14. The appeal in MFA No.201163/2019 is accordingly
allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
DHA
