Karnataka High Court
Leelavati Dm W/O. Maruti vs Sudhakar M S/O. Muniyappa Alias ... on 13 February, 2024
Author: S G Pandit
Bench: S G Pandit
-1-
NC: 2024:KHC-D:3338-DB
MFA No. 101920 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO.101920 OF 2021 (MV-D)
BETWEEN:
1. LEELAVATI D M W/O. MARUTI
AGE 46 YEARS, OCC HOUSEWIFE,
2. SACHINKUMAR D M S/O. MARUTI
AGE 26 YEARS, OCC PVT SERVICE,
BOTH ARE R/O. C/O VASUDEV I KANADE
MAIN ROAD, LAXMI NAGAR, VADAGAON,
TQ AND DIST: BELAGAVI-590005.
3. MISS SWETA W/O. DEEPAK LOKARE
AGE 21 YEARS, OCC HOUSEWIFE
R/O.NEKAR NAGAR, HUBBALLI
TQ AND DIS DHARWAD-580024.
...APPELLANTS
(BY SRI. YASH R. NADKARNI FOR SRI. VITTHAL S TELI, ADVOCATES)
AND:
KM
Digitally
signed by K M
SOMASHEKAR
1. SUDHAKAR M S/O. MUNIYAPPA @ MUNINAGAPPA
SOMASHEKAR Date:
2024.02.17
10:25:57
+0530
AGE MAJOR, OCC BUSINESS,
R/O #25, MALLENAHALLI
BIDARGAGUPPE, ATTIBELE POST
TQ ANKEL, DIST BENGAURU-562107.
2. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO LTD.,
MUDALAGI BIDG, 2ND FLOOR,
CLUB ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. MADHUKESHWAR A. DESHPANDE, ADVOCATE FOR R2,
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 10.03.2021
-2-
NC: 2024:KHC-D:3338-DB
MFA No. 101920 of 2021
PASSED IN MVC NO.707/2020 ON THE FILE OF THE IV ADDITIONAL
DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-V,
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, it is taken up
for final disposal, with the consent of learned counsel for both
the parties.
2. The appellants-claimants are before this Court
dissatisfied with the quantum of compensation awarded under
judgment and award dated 10.03.2021 in M.V.C. No.707/2020
on the file of learned IV Addl. District Judge and MACT-V,
Belagavi (for short, 'Tribunal'), praying for enhancement of
compensation.
3. The claimants, wife and children of the deceased
Maruti, filed a claim petition under Section 166 of the Motor
Vehicles Act, 1988 claiming compensation for the accidental
death of Maruti that occurred on 10.12.2019 involving Tempo
Travel bearing registration No.KA-51/B-8613. It is stated that
the deceased was aged 54 years as on the date of the accident
and working as Packing Helper, earning Rs.15,000/- per month.
NC: 2024:KHC-D:3338-DB
4. On issuance of notice, respondents No.1 and 2
appeared through their learned counsel and filed separate
statement of objections. Respondent No.1-owner of the
offending Tempo Travel contended that his vehicle was insured
with respondent No.2/Insurer and driver of the said vehicle was
having valid and effective driving license as on the date of the
accident. Respondent No.2-Insurance Company denied the
entire allegations made in the claim petition. It was contended
that there was no negligence on the part of driver of the
offending vehicle and the alleged accident took place due to
negligent act of the deceased himself. It was further contended
that driver of the offending vehicle was not having valid and
effective driving license as on the date of the accident. Thus,
prayed for dismissal of the claim petition.
5. Before the Tribunal, claimant No.1-wife of the
deceased examined herself as PW1 apart from marking the
documents as Exs.P1 to P14. The respondents did not examine
any witness but marked the documents as Ex.R1 to R6. The
Tribunal on appreciation of entire material on record awarded
total compensation of Rs.14,29,644/- with interest at 6% per
annum on the following heads:
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Loss of Dependency Rs.12,82,644/-
Loss of consortium Rs. 40,000/-
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
Loss of love & affection Rs. 25,000/-
Medical expenses Rs. 52,000/-
Total Rs.14,29,644/-
6. While awarding the above compensation, the
Tribunal assessed notional income of the deceased at
Rs.13,250/- per month, added 10% of the same towards future
prospects, deducted 1/3rd of the assessed income towards
personal and living expenses of the deceased and applied
multiplier of '11'. The claimants not being satisfied with the
quantum of compensation awarded by the Tribunal are before
this Court praying for enhancement of compensation.
7. Heard learned counsel Sri.Yash R Nadakarni for
Sri.Vitthal S Teli, learned counsel for the appellants-claimants
and Sri.Madhukeshwar Deshpande, learned counsel for
respondent No.2-Insurance Company and perused the appeal
papers.
8. Learned counsel for the appellants would contend
that the Tribunal committed an error in assessing notional
income of the deceased at Rs.13,250/- per month, inasmuch as
NC: 2024:KHC-D:3338-DB
the deceased was working as Packing Helper at MTR Foods
Private Limited, Bengaluru and drawing salary of Rs.15,000/-
per month. He would further submit that the claimants would
be entitled for Rs.40,000/- each towards spousal and parental
consortium in terms of Magma General Insurance Company
Ltd. V/s Nanu Ramu and others1. Thus, it is prayed for
allowing appeal and to enhance the compensation.
9. Per contra, learned counsel for respondent No.2-
Insurance Company would submit that in the absence of any
cogent and acceptable evidence to establish the income of the
deceased, the Tribunal rightly assessed notional income of the
deceased at Rs.13,250/- per month, taking note of income
chart prepared by KSLSA for the accident of the year 2019. He
further submits that the compensation awarded by the Tribunal
on all heads is just compensation, which needs no interference.
Thus, he prays for dismissal of the appeal.
10. Having heard the learned counsel for the parties
and on perusal of the appeal papers, the only point that would
arise for consideration is, whether the claimants would be
entitled for enhanced compensation?
2018 ACJ 2782
NC: 2024:KHC-D:3338-DB
11. Answer to the above point would be in the
affirmative for the following reasons:
12. The accident which occurred on 10.12.2019
involving Tempo Travel bearing registration No.KA-51/B-8613
resulting in death of Maruti, husband of the 1st appellant, is not
in dispute in this appeal. The appellants are before this Court
praying for enhancement of compensation.
13. The Tribunal assessed notional income of the
deceased at Rs.13,250/- per month. Admittedly, no material
whatsoever is produced to establish the avocation and earning
of the deceased. In the absence of any documentary evidence
to establish the avocation and income of the deceased, it is for
the Courts and Tribunals to assess income notionally, taking
note of the chart prepared by KSLSA based on various factors
including the minimum wage fixed. In the instant case, the
Tribunal taking note of the income chart prepared by the KSLSA
for the accident of the year 2019, assessed notional income at
Rs.13,250/- per month, which in our view is just and proper,
needs no interference. Further, the Tribunal is justified in
adding 10% of the assessed income towards future prospects
NC: 2024:KHC-D:3338-DB
and applied multiplier of 11 taking the age of deceased as 53
years. Thus, the compensation awarded by the Tribunal on the
head of loss of dependency at Rs.12,82,644/- is just and
reasonable, requires no interference by this Court.
14. In terms of decision of Hon'ble Apex Court in
National Insurance Company Limited Vs. Pranay Sethi &
Others2, the claimants would be entitled to Rs.16,500/- each
towards loss of estate and funeral expenses including 10%
escalation for three years. In terms of decision of Hon'ble Apex
Court in Magma General Insurance Company Limited
supra, the claimants would be entitled to Rs.44,000/- each
towards spousal consortium and parental consortium including
10% escalation for three years.
15. Thus, the claimants would be entitled for modified
compensation on the following heads:
Sl. Particulars Amount
No.
1. Loss of dependency Rs.12,82,644/-
2. Loss of estate & Funeral expenses Rs. 33,000/-
3. Spousal and Parental consortium Rs. 1,32,000/-
(Rs.40,000/- each)
4. Medical expenses Rs. 52,000/-
Total Rs.14,99,644/-
2017(16) SCC 680
NC: 2024:KHC-D:3338-DB
16. Thus, the claimants would be entitled to total
compensation of Rs.14,99,644/- as against Rs.14,29,644/-
awarded by the Tribunal.
17. In the result, we proceed to pass the following:
ORDER
a) The above appeal is allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants are entitled to total compensation
of Rs.14,99,644/- as against
Rs.14,29,644/- awarded by Tribunal.
c) The enhanced compensation amount will
bear interest at the rate of 6% per annum
from the date of claim petition till date of
realization.
d) The respondent-Insurance Company shall
deposit the enhanced compensation amount
with accrued interest before the Tribunal
within six weeks from the date of receipt of
certified copy of this judgment.
e) On such deposit, the enhanced
compensation amount shall be released in
NC: 2024:KHC-D:3338-DB
favour of the appellants in equal
proportionate.
f) Draw modified award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
