Karnataka High Court
Smt. Shantavva W/O. Basappa Kamatad vs The Divisional Manager on 1 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2280
MFA No. 101476 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 01ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL No.101476 OF 2022 (MV-D)
BETWEEN:
1. SMT. SHANTAVVA W/O. BASAPPA KAMATAD,
AGE. 54 YEARS, OCC. COOLIE,
R/O. GUTTAL, TQ. AND DT. HAVERI,
PIN CODE-581108.
2. SMT. DEEPA W/O. SHIDDAPPA KAMATAD,
AGE. 29 YEARS, OCC. COOLIE,
R/O. GUTTAL, TQ. AND DT. HAVERI,
PIN CODE-581108.
3. KUMARI. GAYATRI D/O. SHIDDAPPA KAMATAD,
AGE. 09 YEARS, OCC. STUDENT,
R/O. GUTTAL, TQ. AND DT. HAVERI,
PIN CODE-581108.
Digitally signed
by SAMREEN
AYUB
DESHNUR
Date:
4. KUMARI. MADHU D/O. SHIDDAPPA KAMATAD,
2024.02.03
12:57:56 +0530 AGE. 09 YEARS, OCC. STUDENT,
R/O. GUTTAL, TQ. AND DT. HAVERI,
PIN CODE-581108.
(APPELLANT NO.3 AND 4 ARE MINORS
R/BY THEIR NATURAL MOTHER
I.E., APPELLANT NO.2
DEEPA W/O. SHIDDAPPA KAMATAD)
...APPELLANTS
(BY SRI. B.M. PATIL, ADVOCATE)
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NC: 2024:KHC-D:2280
MFA No. 101476 of 2022
AND:
1. THE DIVISIONAL MANAGER,
N.W.K.S.R.T.C., HAVERI,
TQ. AND DIST. HAVERI-581110.
2. THE MANAGER,
SELF-INSURANCE FUND,
N.W.K.S.R.T.C., HAVERI,
TQ. AND DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI. S.S. KOLIWAD, ADVOCATE FOR R1;
R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 27.02.2019 PASSED IN MVC
NO.370/2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS
TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE, HAVERI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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NC: 2024:KHC-D:2280
MFA No. 101476 of 2022
JUDGMENT
Heard Sri B.M.Patil, advocate for appellants and Sri
S.S.Koliwad, advocate for respondent No.1.
2. Though the matter is listed for orders, with the consent of
the parties, same is taken up for final disposal.
3. Claimants are in appeal challenging the judgment and
award dated 27.02.2019 passed in MVC No.370/2018 on the
file of the Prl. Senior Civil Judge and MACT, Haveri, only with
regard to the quantum of compensation.
4. Admitted facts for disposal of the appeal are that,
claimants are the dependents of Shiddappa, S/o Basappa
Kamatad, who lost his life in a road traffic accident that
occurred on 30.11.2017 at about 7.30 pm, involving the bus
bearing registration No.KA-27/F-0516.
5. The claim petition, on contest came to be allowed in part
in a sum of Rs.13,86,000/- with interest at 6% per annum from
the date of petition till realization. However, since Rs.50,000/-
was received by the claimants at the time of accident itself,
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same was given deduction to and respondent was ordered to
pay Rs.13,36,000/-.
6. Being aggrieved by the inadequacy of quantum of
compensation, claimants are in appeal.
7. Learned advocate for the appellant, reiterating the
grounds urged in the appeal memorandum, contended that the
Tribunal has not properly computed the monthly income and
failed to add 40% towards future prospects following the
dictum of the Hon'ble Apex Court in the case of National
Insurance Company Limited vs. Pranaya Sethi and others
reported in 2017 ACJ 2700 and sought for enhancement.
8. He also contended that no proper amount is awarded
towards loss of consortium, following the dictum of the Hon'ble
Apex Court in the case of Magma General Insurance
Company Limited vs. Nanu Ram and others reported in
2018 ACJ 2783 and United India Insurance Co. Ltd. vs.
Satinder Kaur alias Satwinder Kaur & Others reported in
2020 SCC Online SC 410 and sought for re-assessment of
compensation.
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9. Per contra, learned counsel for the Insurance Company
supported the impugned judgment and award contending that
as on the date of passing of the judgment, Tribunal has
properly assessed the quantum of compensation and sought for
dismissal of the appeal.
10. Perused the material on record, meticulously, in view of
the rival contentions of the parties.
11. On such perusal of the material on record, it is
established that Shiddappa lost his life in the road traffic
accident, as aforesaid. The question of quantum of
compensation is no longer res integra in view of the settled
principles of law enunciated in the case of Pranaya Sethi,
Magma General Insurance Company Limited, Satinder Kaur
supra and Sarla Verma and others vs. Delhi Transport
Corporation reported in 2009 ACJ 1298.
12. Further, to calculate the loss of dependency, Tribunal was
required to consider the income of the deceased at Rs.10,250/-
as the accident occurred in the year 2017, in the absence of
proper proof of income.
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13. Therefore, case is made out for re-assessment of
compensation, which is re-assessed as under:
Loss of dependency Rs.20,66,400/-
(Rs.10,250/- (40% future prospects) + Rs.4,100/-=
Rs.14,350/- (1/4th deduction)-Rs.3,587.5=
Rs.10,762.5x12x16.
Loss of consortium Rs.1,60,000/-
Loss of estate Rs.15,000/-
Funeral expenses Rs.15,000/-
TOTAL Rs.22,56,400/-
14. Therefore, claimants would be entitled to compensation in
a sum of Rs.22,56,400/-. Since Rs.50,000/- is already paid,
claimants would be entitled to Rs.22,06,400/- as against
Rs.13,36,000/- awarded by the Tribunal.
15. Accordingly, the following:
ORDER
(i) Appeal is allowed in part.
(ii) As against Rs.13,36,000/-/- awarded by the
Tribunal, claimants are entitled to
compensation in a sum of Rs.22,06,400/-
with interest at 6% per annum from the
date of petition till realization, less the
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interest for delayed period of 300 days in
filing the appeal.
(iii) Ordered accordingly.
Sd/-
JUDGE
kcm
