Karnataka High Court
Moulasab S/O Rajesabb Kashinakunti And ... vs Shankarling S/O Monapa Tapashetti And ... on 1 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2024:KHC-K:1182-DB
MFA No. 202587 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 202587 OF 2023 (MV-D)
BETWEEN:
1. MOULASAB
S/O RAJESAB KASHINAKUNTI,
AGE: 65 YEARS, OCC: NIL,
2. RAJBI
W/O BANDAGISAB KASHINAKUNTI,
AGE: 43 YEARS,
OCC: HOUSEHOLD WORK,
Digitally signed
3. ASIF
by RAMESH
MATHAPATI
S/O BANDAGISAB KASHINAKUNTI,
Location: HIGH
COURT OF
AGE: 23 YEARS,
KARNATAKA OCC: ENGINEERING STUDENT,
ALL ARE R/O NIDAGUNDI,
TQ.B. BAGEWADI,
NOW RESIDING AT JAL NAGAR,
VIJAYAPURA-586101.
...APPELLANTS
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
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NC: 2024:KHC-K:1182-DB
MFA No. 202587 of 2023
AND:
1. SHANKARLING
S/O MONAPPA TAPASHETTI,
AGE: 43 YEARS,
OCC: BUSINESS,
RESIDENT OF WARD NO. 5 NO. #202,
KOULPET, BAGALKOT-587101.
2. THE BRANCH MANAGER, LEGAL/ CLAIMS
ICICI GENERAL INSURANCE
COMPANY LIMITED,
A. K. ASIAN GRAND, 3RD FLOOR,
NEAR MINI VIDHANA SOUDHA,
OPPOSITE GESCOM HEAD OFFICE,
STATION ROAD, KALABURAGI-585101.
...RESPONDENTS
(BY SRI.SUBHASH MALLAPUR, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY
MODIFYING THE JUDGMENT AND AWARD DATED 16.10.2021
PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE
AND MEMBER-MACT-V, AT VIJAYAPURA, IN M.V.C.
NO.456/2019, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
Dr.CHILLAKUR SUMALATHA J. DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:1182-DB
MFA No. 202587 of 2023
JUDGMENT
Dissatisfied with the amount that is awarded as
compensation by the Motor Accident Claims Tribunal-V,
Vijayapura (for short, 'the Tribunal'), through the orders in
MVC No.456/2019 dated 16.10.2021 the claimants have
preferred the present appeal.
2. Heard Sri. Sanganagouda V. Biradar, learned
counsel for the appellants as well as Sri Subhash Mallapur,
learned counsel appearing for respondent No.2. Notice to
respondent No.1 stood dispensed with.
3. Making his submission with regard to the
grievance of the appellants, learned counsel states that the
Tribunal went wrong in assessing the monthly income of the
deceased in a proper manner and thereby erred in awarding
just compensation and therefore only on that reason, the
present appeal is preferred.
4. Learned counsel submits that for the accident
occurred in the year 2019, the Karnataka State Legal
Services Authority is taking notional income of the earning
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member as Rs.13,250/- and in the case on hand the
deceased-Bandagisab by doing hotel business was earning
Rs.20,000/- per month. Learned counsel states that the
award of the Tribunal may therefore revisited.
5. The submission made by Sri Subhash Mallapur
on the other hand is that the amount awarded as
compensation is reasonable and justifiable.
6. The Tribunal awarded compensation as under:
Sl. Compensation
Different Heads
No. Amount
Loss of income due to Rs.11,20,056/-
Dependency
2 Towards loss of Consortium Rs.40,000/-
3 Towards loss of estate Rs.15,000/-
Towards Transportation and Rs.15,000/-
Funeral Expenses
Total Rs.11,90,056/-
Rounded off Rs.11,90,000/-
7. A perusal of the record goes to show that the
appellants failed to produce any substantive proof with
regard to actual earning of the deceased as on the date of the
accident. However, there is force in the submission made by
the learned counsel for the appellants that the Karnataka
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State Legal Services Authority takes notional income of even
a coolie as Rs.13,250/- per month for the mishap that occurs
in the year 2019 due to which livelihood is lost. Therefore,
this Court considers desirable to take the notional income of
the deceased-Bandagisab as Rs.13,250/- per month. There is
no dispute of the fact that 25% of the income of the deceased
has to be added towards future prospects that the deduction
should be 1/3rd of the said income and with the appropriate
multiplier '14'. Therefore, the calculation would be as under:
Computation of loss of dependency
Description By this Court
Monthly income Rs.13,250/-
Addition of 25% towards future Rs.3,312/-
prospects
Monthly income with the Rs.16,562/-
addition of future prospects
Deduction of 1/3rd towards Rs.5,520/-
personal expenses
Monthly income with addition of Rs.11,042/-
future prospects and deduction
towards personal expenses
Therefore, annual contribution Rs.1,32,504/-
Loss of dependency Rs.18,55,056/-
8. The appellants, in addition to the above, will be
entitled to a sum of Rs.70,000/- under conventional heads.
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Thus, the appellants will be entitled a total sum of
Rs.19,25,056/- as detailed below:
Description By the Tribunal By this Court
Loss of dependency Rs.11,20,056/- Rs.18,55,056/-
Towards
conventional heads
(loss of consortium Rs.70,000/-
Loss of estate Rs.40,000/-
Towards Rs.15,000/-
transportation and Rs.15,000/-
funeral expenses
Total Rs.11,90,056/- Rs.19,25,056/-
Rounded off to Rs.11,90,000/- Rs.19,25,000/-
Enhancement Rs.7,35,000/-
9. In the light of the above, the enhancement in
compensation will be in a sum of Rs.7,35,000/-
[Rs.19,25,000/- - Rs.11,90,000/-].
10. For the foregoing, the following:
ORDER
i. The appeal is allowed in part modifying the
impugned judgment and award dated 16.10.2021
in MVC No.456/2019 and granting an enhanced
compensation of Rs.7,35,000/- along with interest
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at the rate of 6% per annum from the date of
petition till the date of deposit.
ii. The second respondent - Insurer shall deposit the
enhanced compensation along with interest within
a period of eight weeks [8] from the date of receipt
of a certified copy of this order.
iii. The appellants are not entitled to any interest for
the delayed period i.e. 257 days as per orders in IA
1/2023.
iv. The Tribunal's order as regards apportionment,
deposit and disbursement remains undisturbed.
Sd/-
JUDGE
Sd/-
JUDGE
SDU
CT: CS
