Karnataka High Court
Vishwanath S/O Laxman Nichare vs M/S Balotra Carrying Company Limited ... on 15 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2024:KHC-K:1567-DB
MFA No. 201967 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH 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. 201967 OF 2023 (MV-D)
BETWEEN:
1. VISHWANATH S/O LAXMAN NICHARE,
AGE: 67 YEARS, OCC: NIL,
2. PARVATI W/O VISHWANATH NICHARE,
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
BOTH ARE RESIDENT OF MURANKERI ONI,
VIJAYAPURA-586109.
...APPELLANTS
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. M/S BALOTRA CARRYING COMPANY LIMITED,
D.NO.31/44, KURANGUKUTTAI, KUPPAKADU,
OPP: KAMARAJ SCHOOL, ERODE,
Digitally signed STATE: TAMIL NADU-638003.
by RAMESH
MATHAPATI 2. THE BRANCH MANAGER,
Location: HIGH
COURT OF UNITED INDIA INSURANCE COMPANY LIMITED,
KARNATAKA 1ST FLOOR, SANGAMA BUILDING,
S.S FRONT ROAD, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. S.S. ASPALLI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY
MODIFYING THE JUDGMENT AND AWARD DATED 05.04.2021
PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER, MACT -VI, AT VIJAYAPURA, IN MVC NO.
774/2015.
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NC: 2024:KHC-K:1567-DB
MFA No. 201967 of 2023
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
Dr.CHILLAKUR SUMALATHA J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Sanganagouda V.Biradar, the learned
counsel for the appellant as well as Sri.S.S.Aspalli, the
learned counsel for respondent No.2. Notice to respondent
No.1 stood dispensed with.
2. Disputing the award to the extent of amount
granted as compensation, the appellants are before this
Court. The appellants herein are the claimants in MVC
No.774/2015 which stood pending before the Court of Motor
Accident Claims Tribunal-VI, Vijayapura. The tribunal
dealing with the matter, through its orders dated 05.04.2021
(common order) awarded a sum of Rs.8,00,600/- as
compensation under the following heads:
Sl. Compensation
Different Heads
No. Amount
Loss of income due to
1 Rs.6,48,000/-
Dependency
2 Towards loss of estate Rs.15,000/-
3 Towards loss of Consortium Rs.40,000/-
Towards Transportation and
4 Rs.15,000/-
Funeral Expenses
5 Towards Medical Expenses Rs.82,580/-
Total Rs.8,00,580/-
Rounded off to Rs.8,00,600/-
NC: 2024:KHC-K:1567-DB
3. Proceeding with the arguments, the learned
counsel for the appellants submits that the deceased who
was aged about 21 years met with an accident and
ultimately succumbed to the injuries. The deceased as an
agriculturist by growing sugar cane was earning
Rs.20,000/- per month and he was the sole bread winner of
the family. Learned counsel submits that the tribunal erred
in assessing the income of the deceased at Rs.6,000/- per
month and thereby awarded a meager sum as compensation
and therefore the present appeal is preferred.
4. There is no dispute of the fact that the appellants
have failed to establish the exact occupation and income of
the deceased as on the date of the accident. Also no proof is
produced to show that the deceased by raising sugar cane
crop was earning Rs.20,000/- per month. However,
considering the fact that even for a coolie, a minimum wage
of Rs.8,000/- per month is taken as his income even by the
Karnataka Legal Services Authority while deciding the
matters in Lok Adalath, this Court considers desirable to
NC: 2024:KHC-K:1567-DB
take the income of the deceased at Rs.8,000/- per month.
40% of the same as future prospects is added as per the
decision of the Hon'ble Apex Court in the case of National
Insurance Co., Ltd., vs. Pranay Sethi and others reported
in AIR 2017 SC 5157. Thus the monthly income of the
deceased comes to Rs.11,200/-.
5. As the deceased died in the capacity of bachelor,
50% of the income of the deceased has to be deducted
towards the personal and living expenses which the
deceased would have incurred for himself had he been alive.
Thus the annual contribution comes to Rs.67,200/-
(Rs.5,600/- x 12) and the appropriate multiplier 18 if
applied, the loss of dependency comes to Rs.12,09,600/-.
On adding Rs.70,000/- in all under conventional heads and
Rs.82,580/- towards the medical expenses as assessed by
the tribunal, the compensation which the appellants are
entitled to is Rs.13,62,180/-. The tribunal awarded a sum of
Rs.8,00,600/- only as compensation. The enhancement thus
should be Rs.5,61,580/-. Thus, in the light of foregoing
discussion, the following;
NC: 2024:KHC-K:1567-DB
ORDER
a. The appeal is allowed in part.
b. The amount awarded as compensation by
Motor Accident Claims Tribunal-VI Vijayapura
through orders in MVC 774/2015 is enhanced
by Rs.5,61,580/-.
c. The enhanced amount shall carry interest @
6% p.a. from the date of petition till deposit.
d. Respondent No.2-Insurance Company is
directed deposit the enhanced compensation
amount along with interest within a period of
eight weeks from the date of receipt of a copy
of this order.
e. The apportionment by the tribunal remains
undisturbed.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT: CS
