Karnataka High Court
Yanku And Ors vs Aswinikumar N Raghoji And Anr on 1 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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MFA No. 200086 of 2024
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.200086 OF 2024 (MV-D)
BETWEEN:
1. YANKU S/O LAXMAN WAGHMODE,
AGE: 57 YEARS, OCC: AGRICULTURE,
2. RAMCHANDRA S/O ASHOK WAGHMODE,
AGE: 21 YEARS, OCC: STUDENT,
3. SARIKA D/O ASHOK WAGHMODE,
AGE: 16 YEARS, OCC: STUDENT,
4. SONALI D/O ASHOK WAGHMODE,
Digitally signed AGE: 14 YEARS, OCC: STUDENT,
by RAMESH
MATHAPATI
Location: HIGH
COURT OF 5. SHUBHAM S/O ASHOK WAGHMODE,
KARNATAKA
AGE: 09 YEARS, OCC: STUDENT,
APPELLANTS NO. 4 TO 6 ARE MINORS,
R/O BY NATURAL GRAND FATHER APPELLANT NO. 1
ALL ARE R/O RESIDING AT
PO: NIMAGAON, TQ: MALASIRAS,
DIST: SOLAPUR (MH).
NOW RESIDING AT GANDHI NAGAR,
VIJAYAPURA-586101.
...APPELLANTS
(BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
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NC: 2024:KHC-K:1181-DB
MFA No. 200086 of 2024
AND:
1. ASWINIKUMAR N RAGHOJI,
AGE: 42 YEARS, OCC: BUSINESS,
(OWNER OF THE TRUCK NO.
MH-12/MV-1568)
R/O A/P LONI KALBHOR,
TQ: HAVELI,
DIST: PUNE, MH-411001.
2. THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO. LIMITED,
HANAMASHETTY BUILDING,
S. S. FRONT ROAD,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SMT. SHASHIKALA JAHAGIRDAR, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD
DATED 22.02.2023 PASSED IN MVC NO. 157/2020 ON THE
FILE OF THE COURT OF THE III ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL
NO. XII VIJAYAPURA AT VIJAYAPURA AND ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION AMOUNT BY
RS. 35,57,000/- ONLY AS CLAIMED BY THE APPELLANTS
BEFORE THIS HONOURABLE COURT. 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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MFA No. 200086 of 2024
JUDGMENT
Disputing the validity of the order that is rendered by
the Motor Accident Claims Tribunal-XII, Vijayapura (for
short, 'the Tribunal'), in MVC No.157/2020 dated
22.02.2023, the present appeal is filed.
2. Heard Sri C. L. Koujalagi, learned counsel for the
appellants as well as Smt.Shashikala Jahagirdar, learned
counsel appearing for respondent No.2. Notice to respondent
No.1 stood dispensed with.
3. Stating that the present appeal is preferred only
questioning the amount that is awarded as compensation
and that the award is grossly low, learned counsel for the
appellants submits that the sole bread winner of appellants
died in a road traffic accident. Learned counsel contends
that the deceased-Ashok as a mason was earning
Rs.30,000/- per month and he died in a road traffic accident
that occurred on 11.03.2019. Learned counsel submits that
the Tribunal took the notional income of the deceased as
Rs.10,000/- per month, which is improper and unjust.
Learned counsel states that the Karnataka State Legal
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Services Authority takes the notional income of the persons
who dies in a road traffic accident in the year 2019 as
Rs.13,250/- per month and the Tribunal has not stretched
its hands to take even the said figure. Learned counsel
submits that the appellants are put to irreparable loss due
to miscalculation by Tribunal and therefore justice has to be
done.
4. The submission made by Smt. Shashikala
Jahagirdar, on the other hand is that the Tribunal awarded
just and reasonable sum as compensation and therefore the
award needs no interference.
5. Admittedly, no substantive proof is brought on
record with regard to the actual earning of the deceased as
on the date of the accident. However, as rightly contended
by the learned counsel for the appellants the Tribunal ought
to have taken a sum of Rs.13,250/- as monthly income of
the deceased-Ashok which figure is considered by the
Karnataka State Legal Services Authority for the death of the
bread winner of the family in the accident which occurs in
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the year 2019 which results in ultimate death. Thus, the
said figure is taken into consideration. Adding 40% towards
future prospects as the deceased died at the age of 35 years,
deducting 1/4th income of the deceased towards personal
expenses which the deceased-Ashok would have incurred for
himself as the claimants are six in number, and further
applying appropriate multiplier '16', the claimants are
entitled to compensation as under towards loss of
dependency:
Computation of loss of dependency
Description By this Court
Monthly income Rs.13,250/-
Additional of such income at the rate of Rs.5,300/-
40% towards future prospects
Monthly income with the addition Rs.18,550/-
towards future prospects
Deduction of 1/4th towards personal Rs.4,637/-
expenses
Monthly income with addition of future Rs.13,913/-
prospects and deduction towards
personal expenses
Annual contribution Rs.1,66,956/-
Loss of dependency Rs.26,71,296/-
Rounded off to Rs.26,71,300/-
6. Thus, under the head loss of dependency the
claimants are entitled to a sum of Rs.26,71,300/- against
Rs.20,16,000/- awarded by the Tribunal. Therefore, the
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enhancement would be in a sum of Rs.6,55,300/-
(Rs.26,71,300/- - Rs.20,16,000/-).
7. The sum awarded by the Tribunal on all other
heads through the impugned order remains unaltered.
8. For the foregoing, the following:
ORDER
[i] The appeal is allowed in part.
[ii] The amount awarded by the MACT-XII,
Vijayapura, through the impugned judgment
and award dated 22.02.2023 in MVC
No.157/2020 is enhanced by a sum of
Rs.6,55,300/-, which carries interest at the rate
of 6% per annum from the date of petition till
the date of deposit.
[iii] The second respondent - Insurer is directed to
deposit the entire amount along with interest
within a period of eight weeks from the date of
receipt of a certified copy of this order.
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[iv] The Tribunal's order as regards apportionment,
deposit, disbursement and all other parameters
remains undisturbed.
Sd/-
JUDGE
Sd/-
JUDGE
sdu
LIST NO.: 1 SL NO.: 34;CT: CS
