Karnataka High Court
Mala And Ors vs Basappa And Anr on 13 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
-1-
NC: 2024:KHC-K:1478-DB
MFA No.202343 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.202343 OF 2022 (MV-D)
BETWEEN:
1. MALA
W/O HANAMANT BADIGER
AGE: 49 YEARS
OCC: HOUSE HOLD WORK
2. BOURAWWA
D/O HANAMANT BADIGER
AGE: 29 YEARS
OCC: STUDENT
3. SHIVALING
Digitally signed
by SWETA S/O HANAMANT BADIGER
KULKARNI AGE: 24 YEARS
Location: HIGH
COURT OF OCC: STUDENT
KARNATAKA
ALL ARE RESIDENT OF CHIKKAPADASALAGI
TALUK: JAMKHANDI
DISTRICT: BAGALKOT - 587 301.
...APPELLANTS
(BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE)
AND:
1. BASAPPA
S/O LAKKAPPA GALAGALI
AGE: 44 YEARS
-2-
NC: 2024:KHC-K:1478-DB
MFA No.202343 of 2022
OCC: BUSINESS
RESIDENT OF: NAGANUR
TALUK: JAMKHANDI
DISTRICT: BAGALKOT - 587 301.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE
COMPANY LIMITED
1ST FLOOR, SANGAMA BUILDING
S.S. FRONT ROAD
VIAJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R2;
V/O DATED 06.02.2024, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FIELD UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED
01.02.2021 PASSED BY THE COURT OF IV ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND MEMBER, M.A.C.T.-XIII,
AT VIJAYAURA, IN M.V.C.NO.467/2017, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY
LALITHA KANNEGANTI J., DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC No.467/2017,
dated 01.02.2021, the claimants are before this Court
seeking enhancement of the compensation. The claim
petition is filed seeking compensation of an amount of
Rs.50,00,000/- for the death of the deceased in the road
traffic accident.
NC: 2024:KHC-K:1478-DB
2. According to the claimants, the deceased is the
son of the appellant Nos.1 and 2 and the brother of
appellant No.3. It is the case of the claimants that the
deceased as on the date of the accident was aged 17 years
and he was pursuing his PUC and he is also doing
agriculture work and earning an amount of Rs.15,000/-.
The Tribunal had taken the income of the deceased at
Rs.10,000/- per month and granted the compensation
under various heads as follows:
Heads Compensation
Awarded
1. Loss of Dependency Rs. 10,80,000/-
2. Loss of estate Rs. 15,000/-
3. Funeral expenses Rs. 15,000/-
TOTAL Rs. 11,10,000/-
3. Learned counsel appearing for the claimants
submits that when it is the case of the claimants that the
deceased was earning an amount of Rs.15,000/- per month,
the Tribunal had taken the income at Rs.10,000/- per
month, which is on the lower side. It is further submitted
NC: 2024:KHC-K:1478-DB
that even under the conventional heads also the
compensation that was awarded by the Tribunal was not a
reasonable compensation. It is further submitted that future
prospectus were not considered by the Tribunal.
4. Learned counsel appearing for the insurance
company submits that as there was no evidence with regard
to the income the deceased, Tribunal had rightly taken the
income at Rs.10,000/- p.m., and granted the compensation.
He submits that no grounds are made out for enhancement
of the compensation.
5. Having heard the learned counsel on either side,
perused the entire material on record. It is the case of the
claimants that they filed the claim petition before the
Tribunal for the death of deceased claiming compensation of
an amount of Rs.50,00,000/- but the Tribunal had granted
only a sum of Rs.11,10,000/-. According to the claimants,
the deceased was earning Rs.15,000/- per month, whereas
the Tribunal has taken the monthly income of the deceased
at Rs.10,000/-. There is no dispute about the fact that no
evidence was let in by the claimants. In view of the same, as
NC: 2024:KHC-K:1478-DB
per the notional income chart prepared by the
Karnataka Legal Services Authority, the income is taken at
Rs.10,250/-. Though it is the case of the claimants that the
deceased was aged 17 years but as per the post mortem
report, the deceased age was 19 years and considering the
same, the multiplier that is applicable is '18'. He is entitled
for future prospects at 40%, it comes to Rs.4,100/-
(10,250+4,100) = Rs.14,350/-. Out of that 50% has to be
deducted towards personal expenses since the deceased was
a bachelor. In this regard, learned counsel for the
appellants submit that sisters are also dependent on the
deceased, therefore, 1/3rd has to be deducted but not 50%.
This Court is not able to appreciate this argument of learned
counsel, as per the law laid down by the Hon'ble Apex Court
in the case of bachelor, 50% has to be deducted towards
personal expenses. There cannot be any exception to that
proposition. In that view of the matter, this Court is of the
considered view that 50% towards personal expenses has to
be deducted. After deducting 50%, the deceased monthly
income would be Rs.7,175/-. Hence, under the head of loss
NC: 2024:KHC-K:1478-DB
of dependency the claimants are entitled for an amount of
Rs.15,49,800/- (Rs.7,175 x 12 x 18). Under the head of
consortium the mother is entitled for an amount of
Rs.44,000/-. Towards funeral expenses the claimants are
entitled for an amount of Rs.36,000/-.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M. MALATHI
AND ANOTHER1, the claimants are entitled for an amount
of Rs.10,000/- towards Legal Expenses. Altogether the
claimants are entitled for compensation under various heads
as follows:
The computation of enhancement:
By Tribunal By this Court
Description
Loss of dependency Rs.10,80,000/-
Rs.15,49,800/-
Loss of estate Rs.15,000/- --
Funeral expenses Rs.15,000/-
Rs.36,000/-
Loss of consortium --
Rs.44,000/-
Legal expenses --
Rs.10,000/-
Total Rs.11,10,000/- Rs.16,39,800/-
Enhancement Rs.5,29,800/-
1 (2014) 11 SCC 178
NC: 2024:KHC-K:1478-DB
7. Accordingly, the appeal of the claimants is partly
allowed by enhancing the compensation from
Rs.11,10,000/- to Rs.16,39,800/-.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
ii) The respondent - insurance company shall
deposit the amount within a period of eight weeks
from the date of receipt of copy of the judgment.
On such deposit, the claimants are entitled to
withdraw the entire amount without furnishing
any security.
iii) No costs.
Sd/-
JUDGE
Sd/-
JUDGE
BL
Ct;Vk
