Karnataka High Court
Smt.Tarabai W/O Balaram Rathod vs The Divisional Controller on 6 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2024:KHC-K:1313-DB
MFA No. 202250 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH 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. 202250 OF 2019 (MV-D)
BETWEEN:
SMT.TARABAI W/O BALARAM RATHOD,
AGE: 55 YEARS, OCCU: HOUSE HOLD WORK,
R/O: MARANAL L.T., TQ: SURPUR,
DIST: YADGIR, NOW RESIDING AT
IBRAHIMPUR, B. BAGEWADI ROAD,
VIJAYAPUR-586101.
...APPELLANT
(BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
Digitally signed NEKRTC, YADGIR DIVISION,
by RAMESH
MATHAPATI YADGIR-585201.
Location: HIGH
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI. MAHANTESH PATIL, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION TO RS.27,94,000/- (EXCLUDING THE AMOUNT
AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST BY
MODIFYING THE JUDGMENT AND AWARD OF THE MACT-IV
AND III ADDITIONAL DISTRICT JUDGE AT; VIJAYAPURA,
DATED: 30.01.2019 IN MVC NO.181 OF 2018.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
Dr.CHILLAKUR SUMALATHA J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:1313-DB
MFA No. 202250 of 2019
JUDGMENT
Heard Sri.Harshavardhan R.Malipatil, the learned
counsel for the appellant.
2. Challenge in this appeal is the order that his
rendered by the Motor Accident Claims Tribunal IV-
Vijayapura in MVC.No.181/2018 dated 30.01.2019. This is
a claimant's appeal.
3. Submitting his version with regard to the
quantum that is awarded as compensation, learned counsel
for the appellant contends that the deceased Gopal @
Gopilal (hereinafter referred to as 'deceased' for brevity) who
is the son of the appellant, was earning Rs.15,000/- per
month as a driver and was contributing his entire income
towards the welfare of his mother. However, the tribunal
took the notional income of the deceased as Rs.7,000/- per
month which is highly unjustifiable. Learned counsel states
that even while disposing the matters in Lok Adalath, for the
death that occurs in the year 2017, as that of this case, the
notional income is taken as Rs.10,250/- and therefore the
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same may be applied. No convincing objection is found on
record to deny applying the said figure ie., Rs.10,250/- as
the notional income of the deceased in the light of absence of
any material evidence with regard to his actual earnings.
Therefore, this Court considers desirable to take the notional
income of the deceased as Rs.10,250/- as against
Rs.7,000/- per month which was taken by the tribunal.
4. Learned counsel for the appellant also states that
the tribunal failed to award any sum towards loss of estate.
5. A perusal of record goes to show that apart from
awarding Rs.7,56,000/- towards loss of dependency, the
tribunal awarded a sum of Rs.15,000/- for transportation of
dead body and Rs.40,000/- towards loss of love and
affection. Having considered justification in the point raised
by the learned counsel for the appellant, under the
conventional heads a sum of Rs.70,000/- is required to be
awarded in all.
6. Coming to the computation of compensation by
taking the notional income of the deceased as Rs.10,250/-
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per month, adding 40% towards future prospects and
deducting 50% of the said earnings towards personal and
living expenses which the deceased would have incurred for
himself had he been alive and taking the appropriate
multiplier of 18 as the deceased died at the age of 20 years,
the amount that comes towards loss of dependency is
Rs.15,49,800/-. By adding a sum of Rs.70,000/- under the
conventional heads, the same comes to Rs.16,19,800/-. The
tribunal has awarded a sum of Rs.8,11,000/- only as
compensation. Thus, the enhancement would be to a tune of
Rs.8,08,800/-. Hence, the following:
ORDER
(i) The appeal is allowed in part.
(ii) The amount awarded as compensation by the
Motor Accident Claims Tribunal IV-Vijayapura
through orders in MVC No.181/2018 dated
30.01.2019 is enhanced by Rs.8,08,800/-.
(iii) The enhanced compensation shall Corry
interest @ 6% p.a. from the date of petition till
the date of deposit.
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(iv) As per the orders in IA.No.1/2021 dated
27.10.2021, the appellant is not entitled for
interest on the enhanced compensation
amount for a period of 185 days.
(v) The respondent is directed to deposit the
enhanced compensation along with interest
within a period of eight weeks from the date of
receipt of a certified copy of this order.
(vi) The appellant is permitted to withdraw the
entire amount on such deposit.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT: CS
