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.202843 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.202843 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
Digitally signed
by SWETA 3. SHIVALING
KULKARNI S/O HANAMANT BADIGER
Location: HIGH
COURT OF AGE: 24 YEARS
KARNATAKA OCC: STUDENT
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
-2-
NC: 2024:KHC-K:1478-DB
MFA No.202843 of 2022
AGE: 44 YEARS
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.466/2017, 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.466/2017,
dated 01.02.2021, the claimants are before this Court
seeking enhancement of the compensation. The claim
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petition is filed seeking compensation of an amount of
Rs.50,00,000/- for the death of the deceased in the road
traffic accident.
2. According to the claimants the deceased was
doing agricultural work and also working as a Carpenter. He
was aged about 53 years and was earning an amount of
Rs.25,000/- per month. The claimants are three in number.
The Tribunal had taken the income at Rs.10,000/- per
month and granted compensation under various heads as
follows:
S.No. Heads Compensation
Awarded
1. Loss of Dependency Rs. 8,80,000/-
2. Loss of consortium Rs. 40,000/-
3. Loss of estate Rs. 15,000/-
4. Funeral and other Rs. 25,000/-
ceremonies
TOTAL Rs. 9,50,000/-
3. Learned counsel appearing for the claimants
submit that when it is the case of the claimants that the
deceased was earning Rs.25,000/- per month, the Tribunal
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had taken the income at Rs.10,000/- per month, which is
on the lower side. It is further submitted that even under the
conventional heads also the compensation that was awarded
by the Tribunal was not a reasonable compensation. The
Tribunal failed to grant future prospectus and they are
entitled for enhancement of compensation.
4. Learned counsel appearing for the insurance
company submits that as there was no evidence with regard
to the income, the Tribunal had rightly taken the income at
Rs.10,000/- p.m., and granted the compensation and 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 have filed claim petition before the
Tribunal claiming compensation of an amount of
Rs.50,00,000/- for the death of the deceased. The Tribunal
had granted a sum of Rs.9,50,000/-. According to the
claimants, the deceased was earning an amount of
Rs.25,000/- per month, whereas the Tribunal had taken the
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monthly of the deceased at Rs.10,000/-. No evidence was
adduced by the claimants in this regard. Considering the
notional income chart prepared by the Karnataka Legal
Services Authorities, as this is an accident of the year 2017
this Court is considering the income at Rs.10,250/- per
month. The deceased was aged 53 years and is entitled for
future prospects at 10%, it comes to Rs.1,025/-
(10,250+1,025) = Rs.11,275/-. As there are three claimants
1/3rd has to be deducted towards personal expenses i.e., an
amount Rs.3,758/-. After deduction, contribution of the
deceased to the family would be an amount Rs.7,517/-.
Under the head of loss of dependency they are entitled for an
amount of Rs.9,92,244/- (Rs.7,517 x 12 x 11). The
claimants are the wife and two children. Under the head of
consortium they are entitled for an amount of
Rs.1,32,000/- (3 x 44,000). Towards funeral expenses they
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
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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.8,80,000/- Rs.9,92,244/-
Loss of consortium Rs.40,000/-
Rs.1,32,000/-
Loss of estate Rs.15,000/- --
Funeral and other
Rs.25,000/- Rs.36,000/-
ceremonies
Legal expenses --
Rs.10,000/-
Total Rs.9,50,000/- Rs.11,70,244/-
Enhancement Rs.2,20,244/-
7. Accordingly, the appeal of the claimants is partly
allowed enhancing the compensation from Rs.9,50,000/- to
Rs.11,70,244/-.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
1 (2014) 11 SCC 178
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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
