Karnataka High Court

Smt. Noor Zeba vs Javid Pasha S/O Noor Mohammed on 8 February, 2024

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                                                        NC: 2024:KHC:5487
                                                      MFA No. 380 of 2014




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 8TH DAY OF FEBRUARY, 2024
                                       BEFORE
                       THE HON'BLE MR JUSTICE C.M. POONACHA
                 MISCELLANEOUS FIRST APPEAL NO. 380 OF 2014 (MV-D)
            BETWEEN:

            1.    SMT. NOOR ZEBA,
                  W/O LATE MURTHAQUE MANZAR,
                  AGED ABOUT 35 YEARS,

            2.    MISS. ZUNERAH AMEER,
                  D/O LATE MURTHAQUE MANZAR,
                  AGED ABOUT 10 YEARS,
                  APPELLANT NO.2 IS A MINOR AND
                  REPRESENTED BY NATURAL GUARDIAN
                  MOTHER MRS. NOOR ZEBA I.E.
                  APPELLANT NO.1 IN THE ABOVE CASE.

                  BOTH RESIDING AT MOHAMMED MAQDUM
                  SAB BUILDING, NO.25, 1ST CROSS,
                  R.M.V II STAGE, BOOPASANDRA,
                  BANGALORE - 560 054.

            3.    B. MOHAMMED JAFAR UL HUSSAIN,
Digitally         S/O LATE ABDUL LALAK,
signed by         AGED ABOUT 81 YEARS, RETIRED PHARMACIST,
BHARATHI
S                 RAVINDRANAGAR, K.R. PURAM,
Location:         HASSAN - 573 201.
HIGH
COURT OF
KARNATAKA   4.    ASTHAR UNNISA,
                  W/O B. MOHAMMED JAFAR UL HUSSAIN,
                  AGED ABOUT 73 YEARS,
                  R/AT RAVINDRANAGAR, K.R. PURAM,
                  HASSAN - 573 201.
                                                             ...APPELLANTS
            (BY SRI. N. RAVINDRANATH, ADVOCATE FOR
                SRI. DAYANAND S. PATIL, ADVOCATE)
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                                            NC: 2024:KHC:5487
                                          MFA No. 380 of 2014




AND:

1.   JAVID PASHA,
     S/O NOOR MOHAMMED,
     AGE MAJOR, R/O HOUSE NO.37,
     CHOTA MOHALLA, BAGOOR ROAD,
     CHANNARAYAPATNA TOWN,
     HASSAN DISTRICT - 573 116,
     OWNER OF MINI LORRY NO.KA-28-8525.

2.   THE REGIONAL MANAGER,
     BHARTI AXA GEN. INSURANCE CO. LTD.,
     1ST FLOOR, FERMS ICON,
     SURVEY NO.28, DODDAKUNDI VILLAGE,
     K.R. PURAM HOBLI, BANGALORE - 560 037.
     SINCE THE POLICY IS ISSUED BY BRANCH OFFICE
     BHARTI AXA GEN. INSURANCE CO. LTD.,
     NO.2951, D29/1, 1ST FLOOR,
     TEMPLE ROAD, KALIDASA CIRCLE,
     V.V. MOHALLA, MYSORE - 2.

3.   SMT. REHANA KOUSAR,
     W/O LATE MUSTAK MANZAR, AGE MAJOR,

4.   ABDUL KHALEEM,
     S/O LATE MUSTAK MANZAR
     BOTH ARE R/AT P & T COLONY,
     1ST STAGE, HASSAN - 573 201.
                                               ...RESPONDENTS
(SRI. ASHOK N PATIL, ADVOCATE FOR R2;
      VIDE ORDER DATED 21.09.2016 NOTICE TO R1
      DISPENSED WITH;
      R3 AND R4 SERVED AND UNREPRESENTED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 10.7.2013 PASSED IN MVC
NO.7502/2010 ON THE FILE OF THE MEMBER, MACT, IV ADDL.
JUDGE, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
     THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                                               NC: 2024:KHC:5487
                                                             MFA No. 380 of 2014




                                        JUDGMENT

The above appeal is filed by the claimants challenging the

judgment and award dated 10.06.2013 passed in

MVC.No.7502/2010 on the file of the Motor Accident Claims

Tribunal, Bengaluru1, seeking for enhancement of the

compensation awarded.

2. For the sake of convenience, the parties herein are

referred as per their ranking before the Tribunal.

3. The Tribunal by its judgment and award dated

10.06.2013 has awarded compensation of `8,49,000/- together

with interest at the rate of 6% per annum. The finding of the

Tribunal regarding negligence and liability is not in dispute.

Hence, the only aspect which is required to be considered is the

quantum of compensation.

4. The claimant Nos.1 and 2 are the wife and daughter of

the deceased. Respondent Nos.3 and 4 are the parents of the

deceased. Respondent No.5 is the first wife, Respondent No.6 is

the son of the deceased and Respondent No.5. The Tribunal

has recorded a finding on issue No.2 that the claimants along

Hereinafter referred to as the 'Tribunal'

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with Respondent Nos.3 to 6 are depending on the income of the

deceased. The Tribunal has also held that the quantum of

compensation is required to be distributed to the claimants and

Respondent Nos.3 and 6 in the ratio of 25:15:10:10:25:15. The

said finding is not under challenge.

5. The age of the deceased is 45 years, the appropriate

multiplier is 14 as assessed by the Tribunal.

6. The deceased is stated to be a driver and real-estate

business person. However, no documents have been produced

to assess the income. The Tribunal has assessed the income of

the deceased at `5,000/-. In view of the same, the income of

the deceased is reassessed as notional income as per the chart

that is being followed for settlement of claims in Lok-Adalath

conducted by the Legal Service Authority. Having regard to

dated of accident the income is reassessed at `5,500/- 1/4 is

deducted towards personal expenses, having regard to the

number of dependents it is just and proper. 25% is required to

be added toward future prospects, having regard to the

judgment of the Hon'ble Supreme Court in the case of

NATIONAL INSURANCE COMPANY LTD V/S PRANAY

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SETHI AND OTHERS2. Hence, the income of the deceased for

the purpose of calculation of loss of dependency is assessed at

(5,5000 - 1/4 + 25%) =5500 - 1375 = 4125 + 1031 = 5156.

The loss of dependency is reassessed as (5156 X 12 X 14) =

8,66,208/-.

7. Having regard to the fact that the claimant Nos.1 and

2 as well as Respondent Nos.3 to 6 are dependents of the

deceased being parents, wife and children, the loss of

consortium is required to be assessed as per the judgment of

the Hon'ble Supreme Court in the case of MAGMA GENERAL

INSURANCE COMPANY V/S NANU RAM ALIAS CHUBRU

RAM AND OTHERS3 in a sum of (44000 X 6) = 2,64,000/-.

The loss of estate and funeral expenses is reassessed at

`16,500/- each.

8. Hence, quantum of compensation is re-assessed as

follows:

(2017)16 SCC 680

(2018)18 SCC 130

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Sl.No. Heads Amount awarded by Amount awarded by the Tribunal (`) this Court (`)

1. Loss of 819000.00 866208.00 dependency

2. Towards 5000.00 00.00 transport

3. Funeral 5000.00 16500.00 expenses

4. Loss of 10000.00 264000.00 consortium

Total 839000.00 1146708.00

9. Hence, the appellant/claimant is entitled for enhanced

compensation of `3,07,708/- (`11467808 - `839000) rounded

of to `3,08,000/- together with interest at 6% per annum.

10. Learned counsel for Respondent No.2 submits that

Respondent No.2 - insurer i.e., Bharti Axa General Insurance

Company Limited has been merged with ICICI Lombard

Insurance Company. Hence, the same is taken on record.

11. In view of the aforementioned, the following:

ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 10.06.2013 passed in MVC.No.7502/2010 by the file of the Motor Accident Claims Tribunal, Bengalur, is modified to the extent

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stated herein. In all other respects, the judgment and award of the Tribunal remain unaltered;

iii) The claimants are entitled to enhanced compensation of `3,08,000/- with interest at 6% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

iv) Respondent No.2 - insurer is directed to deposit the entire enhanced compensation of `3,08,000/- together with accrued interest within six weeks form the date of receipt of a copy of this order;