Karnataka High Court
Shankar And Anr vs Dinkar And Anr on 7 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5812
MFA No. 201125 of 2018
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. 201125 OF 2018 (MV-D)
BETWEEN:
1. SHANKAR S/O LATE KRISHNAJI SURYAVANSHI,
AGE: 47 YEARS, OCC:COOLIE,
2. CHAYA D/O LATE KRISHNAJI SURYAVANSHI
AGE: 37 YEARS, OCC: HOUSEHOLD,
BOTH ARE R/O. UJALAMB,
TQ. BASAVAKALYAN, DIST. BIDAR.
...APPELLANTS
(BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)
AND:
Digitally signed 1. DINKAR S/O ARJUN SURYAVANSHI
by SUMITRA
SHERIGAR AGE: 47 YEARS, OCC: BUSINESS AND RIDER OF
Location: HIGH
COURT OF HERO HONDA PASSION PRO MOTOR CYCLE
KARNATAKA BEARING NO.MH-14/CR-2437 R/O UJLAMB
TQ.BASAVAKALYAN, DIST.BIDAR-584101.
2. RAJKUMAR S/O BAPURAO GAIKWAD
AGE: 34 YEARS, OCC: BUSINESS AND OWNER OF
HERO HONDA PASSION PRO MOTOR CYCLE BEARING
NO.MH-14/CR-2437 R/O SR.NO.29/2 ROOM
NO.15 SHANKAR COLONY,
PIMPLE GURAV PUNE (MS)
...RESPONDENTS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADV. FOR R1;
NOTICE TO R2 IS HELD SUFFICIENT)
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NC: 2024:KHC-K:5812
MFA No. 201125 of 2018
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING
TO MODIFY THE JUDGMENT AND AWARD DATED 08.07.2017
PASSED BY THE II ADDL.DIST AND SESSIONS COURT AND
ADDL.MACT, BIDAR, SITTING AT BASAVAKALYAN, IN MVC
NO.468/2016 AND ENHANCE THE COMPENSATION AMOUNT
WITH COST AND ETC.
THIS APPEAL, 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)
The claimants are in appeal seeking for
enhancement. The claimants are the brother and sister of
Suryakanth who was killed when he was hit by the
motorcycle driven by one Dinkar.
2. Suryakanth was not married and did not have
any children and hence his brother and sister preferred a
claim petition.
3. The Tribunal has recorded a finding that there is
no evidence to indicate that the brother and sister were
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dependents on the deceased Suryakanth. The Tribunal has
also recorded that the first claimant had admitted that he
was a coolie and also that he owned five acres of land and
was cultivating the same and thereby dependency of any
kind had not been established. There is also a finding
recorded that the second claimant, that his sister was a
married woman and her husband was residing in Mumbai
and therefore, there was no personal dependency
especially when it was not her case that she had been
deserted and was residing with the deceased.
4. In my view, the finding of the Tribunal that
there is no dependency which cannot therefore be found
fault with.
5. The Tribunal has thereafter proceeded to award
a sum Rs.60,000/- towards loss of estate, loss of love and
affection and towards transportation and funeral expenses.
However, in my view, it would be appropriate to follow the
judgment of the Apex Court in Pranay Sethi's case and
award a sum of Rs.44,000/- to each of the claimants
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towards 'loss of love and affection' and Rs.33,000/- under
the 'conventional heads'.
6. Thus, the claimants, in modification of the
impugned award, would be entitled to the following sums:
Sl. Amount
Heads of Compensation
No. (in Rs.)
Loss of love and affection
1. 88,000
(44,000 x 2)
2. Conventional Head 33,000
Total 1,21,000
7. Thus, the claimant would be entitled for
compensation of Rs.1,21,000/- as against Rs.60,000/-,
along with interest at the rate of six per cent per annum
from the date of petition till its realization.
8. The respondents are directed to deposit the
amount of compensation awarded within two months from
the date of receipt of a certified copy of this judgment.
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9. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
DHA
CT: VD
