Karnataka High Court
Malikasab And Ors vs Shubham And Anr on 1 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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MFA No.204213 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.204213 OF 2023 (MV-D)
BETWEEN:
1. MALIKASAB
S/O NABISAB MULIMANI @ NADAF,
AGE: 59 YEARS,
OCC: COOLIE,
2. SHAHEBBI
W/O MALIKSAB MULIMANI @ NADAF,
AGE: 44 YEARS,
OCC: HOUSEHOLD WORK,
3. SHAYINABI
Digitally signed
D/O MALIKSAB MULIMANI @ NADAF,
by SWETA AGE: 20 YEARS,
KULKARNI
Location: HIGH
OCC: STUDENT,
COURT OF
KARNATAKA
4. ALISAB
S/O MALIKSAB MULINAMI @ NADAF,
AGE: 19 YEARS,
OCC: STUDENT,
ALL ARE R/O WARD,
NO.9 KALAKERI,
TQ: SINDAGI,
DIST: VIJAYAPURA-586 118.
...APPELLANTS
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
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MFA No.204213 of 2023
AND:
1. SHUBHAM
S/O SANJAY SHARMA,
AGE: 27 YEARS,
OCC: BUSINESS,
R/O H NO. 9-1-16/1,
NANDI COLONY,
KEB ROAD, BIDAR
(OWNER VEHICLE NO. KA 36 M 6275)
2. THE MANAGER
THE ICICI LOMBARD GENERAL
INSURANCE COMPANY,
C/O 2ND FLOOR,
MAHALAXMI COMPLEX,
M. G. ROAD, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. SUBHASH MALLAPUR, ADVOCATE FOR R2;
NOTICE TO R1 DISPOSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 12.01.2023 PASSED IN M.V.C.
NO.171/2020 ON THE FILE OF THE COURT OF THE SENIOR
CIVIL JUDGE AND J.M.F.C. AND MEMBER MOTOR ACCIDENT
CLAIMS TRIBUNAL NO.X SINDAGI AT SINDAGI AND ALLOW
THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY
RS.32,11,000/- ONLY AS CLAIMED BY THE APPELLANTS
BEFORE THIS HON'BLE COURT AND ETC,.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
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MFA No.204213 of 2023
JUDGMENT
This appeal is by the claimants in MVC No.171/2020
on the file of the Senior Civil Judge and JMFC and MACT-X,
Sindagi [for short, 'the Tribunal']. The Tribunal, by the
impugned judgment and award dated 12.01.2023, has
partly allowed the appellants' claim petition granting a total
sum of Rs.13,29,000/- under the following heads:
Description Amount
Loss of dependency Rs.12,69,000.00
Loss of consortium Rs.40,000.00
Funeral expenses Rs.15,000.00
Loss of estate Rs.15,000.00
Total Rs.13,29,000.00
2. Sri Bapugouda Siddappa, the learned counsel for
the appellants, and Sri Subhash Mallapur, the learned
counsel for the Insurer, submit in unison that there is no
dispute that the first and the second appellants are the
parents of Sri Akbar Basha alias Akbar [the deceased] and
the other appellants are the deceased's siblings; and that the
deceased, who was aged 20 years as of the month of
October, 2018, has died because of the injuries suffered in a
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road accident. The learned counsel also do not dispute that
accident on 25.10.2018 is because of the rash and negligent
driving of the offending vehicle [Innova car bearing
Reg.No.KA-36/M-6275] and that the Insurer is liable to
indemnify the owner of this offending vehicle. The only
question for consideration in this appeal is whether there
must be enhancement in the compensation.
3. Though the appellants have asserted that the
deceased, who was aged 20 years as of the date of the
accident, was earning Rs.15,000/- as he had gained
experience over a period of two years in construction and
centering work while working under a Class-I contractor,
they have failed to produce definite evidence in this regard
and therefore, the Tribunal has taken the notional income of
the deceased at Rs.11,750/- according to the schedule
evolved for settlement in Lok Adalat in cases arising out of
accidents in the year 2018. This Court, in the absence of
any evidence of actual income, cannot take any exception as
the notional income evolved for settlement in Lok Adalat are
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adopted by the Tribunals and the Courts to maintain
uniformity and consistency.
4. The Tribunal has made the deduction towards
personal expenses at 50%, and because the deceased was a
bachelor, this also remains unexceptional. The appropriate
multiplier, because the appellant was aged 20 years, would
be '18' and the Tribunal has taken the said multiplier. The
Tribunal has thus granted a sum of Rs.12,69,000/- towards
loss of dependency. However, it is settled with the decision
of the Hon'ble Supreme Court in National Insurance Co.
Ltd., Vs. Pranay Sethi1, that there must be appropriate
addition towards future prospects, and as such, addition in
the present case must be 40%. The Tribunal has not given
such addition and therefore there must be interference in
this regard. If the loss of dependency is computed retaining
the income at Rs.11,750/-, deducting 50% towards the
personal expenses, applying the multiplier '18', and with the
addition of 40% towards future prospects, the amount
towards loss of dependency will be in a sum of
1 (2017) 16 SCC 680
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Rs.17,76,600/-. The comparative table of the computation
by the Tribunal and this Court is as follows:
Computation of Loss of Dependency
Description By the Tribunal By this Court
Income Rs.11,750.00 Rs.11,750.00
Addition of such Income
at the rate 40% towards Rs.--- Rs.4,700.00
future prospects
Monthly Income with
the addition towards Rs.11,750.00 Rs.16,450.00
future prospects
Deduction of 50%
towards personal Rs.5,875.00 Rs.8,225.00
expenses
Monthly income with
addition of future Rs.5,875.00 Rs.8,225.00
prospects and deduction
towards personal
expenses
Therefore, Annual
Rs.70,500.00 Rs.98,700.00
Income
Loss of Dependency Rs.12,69,000.00 Rs.17,76,600.00
The Tribunal has rightly awarded a total sum of Rs.70,000/-
towards conventional heads. As such, the appellants will be
entitled for enhancement in compensation only under the
head of loss of dependency in a sum of Rs.5,07,600/-.
[Rs.17,76,600.00 - Rs.12,69,000]. Hence, the following:
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ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award dated
12.01.2023 passed in MVC No.171/2020 on the
file of the Senior Civil Judge and JMFC and
MACT-X, Sindagi is modified granting the
enhanced compensation in a sum of `5,07,600/-
with interest at the rate of 6% per annum.
(iii) The Insurer shall deposit the said amount within
eight [8] weeks from the date of receipt of a
certified copy of this judgment along with interest
at the rate of 6% per annum from the date of
petition till the date of deposit.
(iv) The apportionment and the disbursement as
directed by the Tribunal is not modified.
Sd/-
JUDGE
Sd/-
JUDGE
SWK
CT: CS
