Karnataka High Court
Smt Basheera Banu vs Kumar Gowda Patil on 2 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:4643
MFA No. 10566 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 10566 OF 2018 (MV-D)
BETWEEN:
1. SMT. BASHEERA BANU
W/O LATE MAHBOOB BASHA,
AGED ABOUT 41 YEARS,
2. MOHAMMED RIYAZ BASHA
S/O LATE MAHBOOB BASHA,
AGED ABOUT 25 YEARS,
3. KUMARI RAZIQA PARVEEN
D/O LATE MAHBOOB BASHA,
AGED ABOUT 21 YEARS,
4. KATIJA BI
S/O LATE MOHAMMED IBRAHIM, SAB,
AGED ABOUT 41 YEARS,
Digitally signed by JAI
JYOTHI J ALL ARE RESIDING AT,
Location: HIGH COURT
OF KARNATAKA 6TH CROSS, 2ND MAIN, KTJ NAGARA,
DAVANAGERE - 577 001.
...APPELLANTS
(BY SRI. PRAKASHA H C, ADVOCATE)
AND:
1. KUMAR GOWDA PATIL
S/O CHANDRASHEKAR PATIL,
BADGE NO.1789,DRIVER OF K.S.R.T.C
BUS BEARING REG.NO.KA-17-F-1586,
-2-
NC: 2024:KHC:4643
MFA No. 10566 of 2018
BHADRAVATHI DEPOT,
BHADRAVATHI TALUK,
SHIVAMOGGA - 577 201.
2. GURULINGAIAH,
S/O SIDDARAMAIAH MALPATI,
BADGE NO.1620,
CONDUCTOR OF KSRTC
BUS BEARING REG.NO.KA-17-F-1586
BHADRAVATHI DEPOT,
BHADRAVATHI TALUK,
SHIVAMOGGA - 577 201.
3. THE DIVISIONAL CONTROLLER
K.S.R.T.C, P. B. ROAD,
DAVANAGERE - 577 001.
...RESPONDENTS
(BY SMT. LALITA. P. M ADVOCATE FOR R3;
V/O DT. 03.01.2023 NOTICE TO R1 AND R2 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 06.01.2018, PASSED IN MVC
NO.328/2017, ON THE FILE OF THE I-ADDITIONAL SENIOR CIVIL
JUDGE AND V-MACT, DAVANAGERE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellants-claimants
challenging the judgment and award dated 06.01.2018
passed in MVC.No.328/2017 by I Addl. Senior Civil Judge &
V Addl. MACT, Davanagere, for seeking enhancement of
compensation.
NC: 2024:KHC:4643
2. The factum of accident, death of the
deceased and coverage of insurance are not disputed.
3. Heard the arguments from both sides and
perused the records.
4. In the present case, the deceased was aged
52 years working as an office boy in a firm at Bengaluru.
Ex.P.14 is the letter issued by Target Detective Security
Force, in which, the deceased was working and stated that
he was receiving salary of Rs.10,043/- per month.
Therefore, this income is to be taken into consideration. But
the Tribunal has committed error in taking income of
Rs.9,000/- per month. The deceased was aged 52 years,
therefore, the appropriate multiplier applicable is "11". As
per the judgment of the Hon'ble Supreme Court in the case
of National Insurance Co. Ltd. Vs. Pranay Sethi1, 10%
of the income is to be added towards loss of future
prospectus in life. There are four legal dependents, hence,
(2017) 16 SCC 680
NC: 2024:KHC:4643
1/4th of income is to be deducted. Therefore, compensation
under the head loss of dependency is re-assessed and
quantified as follows:
Rs.10,043/- + Rs.1,004/- (10% of Rs.10,043/-)=Rs.11,047/-
Rs.11,047/- x 3/4 x 11 x 12=Rs.10,93,653/-
Accordingly, compensation of Rs.10,93,653/- is
awarded under the head loss of dependency.
5. The Tribunal has awarded compensation of
Rs.40,000/- towards loss of consortium, which is on the
lesser side. There are totally four legal dependants of the
deceased, hence, as per the judgment of the Hon'ble Apex
Court in the case of Magma General Insurance Co.
Limited Vs. Nanu Ram & Others2 and National
Insurance Co. Ltd. Vs. Pranay Sethi,3 the claimants are
entitled to Rs.40,000/- each with 10% escalation under the
head loss of consortium including loss of love and affection.
2018 ACJ 2782
(2017) 16 SCC 680
NC: 2024:KHC:4643
Accordingly, Rs.1,76,000/- (Rs.40,000 x 4 + 10%
escalation) is awarded under the head loss of consortium
including loss of love and affection.
6. Further compensation of Rs.16,500/-
(Rs.15,000/- + 10% escalation) is awarded towards
Transportation of dead body and funeral expenses as
against Rs.15,000/- awarded by the Tribunal.
7. Further compensation of Rs.16,500/-
(Rs.15,000/- + 10% escalation) is awarded towards loss of
estate as against Rs.15,000/- awarded by the Tribunal.
8. Thus, in all the appellants/claimants are entitled
to total compensation determined by this Court as follows:
1 Loss of dependency Rs. 10,93,653/-
2 Loss of consortium Rs.
including loss of love and 1,76,000/-
affection
3 Loss of estate Rs. 16,500/-
NC: 2024:KHC:4643
4 Transportation of dead Rs.
body and funeral 16,500/-
expenses
Total Rs. 13,02,653/-
9. The Tribunal has awarded compensation of
Rs.10,50,100/-, but the appellants/claimants are entitled to
total compensation of Rs.13,02,653/-. Hence, the
appellants/claimants are entitled to enhanced compensation
of Rs.2,52,553/- (Rs.13,02,653/- - Rs.10,50,100/-) along
with interest at the rate of 6% per annum from the date of
petition till the date of realization.
10. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The impugned judgment and award dated
06.01.2018 passed in MVC.No.328/2017 by I Addl.
Senior Civil Judge & V Addl. MACT, Davanagere, is
modified.
NC: 2024:KHC:4643
iii. The appellants/claimants are entitled to enhanced
compensation of Rs.2,52,553/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization.
iv. No order as to cost.
v. The appellants/claimants are not entitled for
interest for the delay period of 227 days in filing the
appeal.
vi. Registry is directed to transmit the TCR along with
copy of this order to the Tribunal forthwith.
vii. Draw award accordingly.
Sd/-
JUDGE
PB
