Karnataka High Court
Smt Parveen Taj vs The Director on 15 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:6501
MFA No. 1196 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 1196 OF 2022
(MV-D)
BETWEEN:
1. SMT PARVEEN TAJ
W/O LATE ABDUL RAZAK,
R/AT 1ST CROSS, KHALAQ NAGAR,
KANAKAPURA TALUK,
RAMANAGARA 562117.
2. SMT SHREEIN TAJ
W/O MOHAMMED ZIYAULLA,
AGED ABOUT 34 YEARS,
R/AT 1ST CROSS, KHALAQ NAGAR,
KANAKAPURA TALUK,
RAMANAGARA 562117.
Digitally 3. SRI ABDUL MAZID
signed by S/O LATE ABDUL RAZAK,
SUVARNA T AGED ABOUT 39 YEARS,
Location: R/AT 1ST CROSS, KHALAQ NAGAR,
HIGH KANAKAPURA TALUK,
COURT OF
KARNATAKA RAMANAGARA 562117.
4. SMT HEENA PARVEEZ
W/O SUBHAN SAB,
AGED ABOUT 35 YEARS,
R/AT 1ST CROSS, KHALAQ NAGAR,
KANAKAPURA TALUK,
RAMANAGARA 562117.
5. SRI MOHAMMED KUDRATH
S/O LATE ABDUL RAZAK,
AGED ABOUT 32 YEARS,
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NC: 2024:KHC:6501
MFA No. 1196 of 2022
R/AT 1ST CROSS, KHALAQ NAGAR,
KANAKAPURA TALUK,
RAMANAGARA 562117.
6. SRI ABDUL WAJED
S/O LATE ABDUL RAZAK,
AGED ABOUT 36 YEARS,
R/AT 1ST CROSS, KHALAQ NAGAR,
KANAKAPURA TALUK,
RAMANAGARA 562117.
...APPELLANTS
(BY SRI. P MAHADEVASWAMY.,ADVOCATE)
AND:
1. THE DIRECTOR
K.G.I.D(VEHICLE DEPARTMENT),
16TH FLOOR, VISHWESHWARAIAH TOWER,
DR.B.R.AMBEDKAR STREET,
BENGALURU-560001.
2. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
KANAKAPURA TOWN,
RAMANAGARA DISTRICT 562117.
...RESPONDENTS
(BY SRI. MANJUNATH V. RAYAPPA AGA FOR R1;
V/O 05.04.2023, NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.08.03.2021 PASSED IN MVC
NO.7498/2018 ON THE FILE OF THE VII ADDITIONAL SMALL
CAUSE JUDGE, ACMM, MEMBER, MACT-3, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:6501
MFA No. 1196 of 2022
JUDGMENT
This appeal is preferred by the appellant-claimants
challenging the judgment and award dated 08.03.2021 passed
in MVC.No.7498/2018 on the file of the VII Addl. Senior Civil
Judge and ACMM and MACT-3, Court of Small Causes,
Benglauru (for short 'the tribunal') on the ground of inadequate
and meager compensation awarded by the tribunal.
2. Parties to the appeal shall be referred to as per their
status before the tribunal.
3. Brief facts of the case is as under:
The short point for consideration before this court is
whether the claimants would be entitled for enhancement of
compensation. The facts are not disputed that one Sri Abdul
Razak was traveling on motor cycle bearing reg.No.KA-42-Q-
9100 on Kanakapura-Ramanagara Road, when he reached
opposite to M.S.J. Functional Hall, Melkote, Kanakapura town,
the driver of the tractor engine bearing reg.No.KA-42-G-0925
drove the vehicle in a reverse gear and dashed against the
motor cycle of the deceased Adbdul Razak, due to which he fell
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down and sustained grievous injuries and despite best
treatment, he succumbed to the injuries on 27.12.2017.
4. The occurrence of the accident, the involvement of
vehicle, the deceased having died due to the impact of the
accident or not, seriously disputed and the same is established
on production of Exs.P-1 to P-22 as the Police records also
substantiate the same. Coming to the question of awarding of
compensation and assessment of income, the tribunal has
assessed the income to be Rs.10,000/- per month and the age
of the deceased is taken as 68 years as per the Aadhar Card
Ex.P-14. The notional income prescribed by the Karnataka
State Legal Services Authority for the year 2017 is Rs.11,000/-.
Hence Rs.11,000/- is taken as income of deceased for
calculation. Tribunal has deducted 1/4th towards personal and
living expenses which doesn't call for interference as there is no
counter appeal or cross-objections preferred by the
respondents. In view of the above, loss of dependency would
be Rs.11,000/- x 1/4th = Rs.2,750/-. Then Rs.11,000/- -
Rs.2,750/- = Rs.8,250/-. Towards Loss of dependency an
amount of Rs.4,95,000/-(Rs.8,250/-x 12 x Multiplier 5 =
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Rs.4,95,000/-). is granted as against Rs.4,50,000/-
awarded by the tribunal.
5. Towards loss of estate of Rs.15,000/- and
transportation of dead body (funeral expenses) an amount of
Rs.15,000/- awarded by the tribunal is retained. However
same would incur escalation of 10%, in all would be
Rs.33,000/-.
6. Towards Consortium, the tribunal has awarded
Rs.40,000/- per person, as there are six dependants an an
amount of Rs.2,40,000/- is awarded by the Tribunal which
should incur escalation of 10% per one block period of three
years, as the accident having occurred in the year 2017, two
block periods Rs.48,000/- is added to the above said amount.
7. Towards medical expenses an amount of Rs.2,14,043/-
awarded by the tribunal is retained.
8. In view of the above discussion, the claimants are
entitled for total compensation of amount of Rs.10,30,043/-
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as against Rs.9,34,043/- along with interest at 6% as
mentioned in the table below:
Heads Amount in Rs.
Loss of dependency 4,95,000-00
Loss of consortium 2,88,000-00
Loss of estate and transportation of
dead body, funeral expenses and
obsequies ceremony 33,000-00
Medical Expenses 2,14,043-00
TOTAL 10,30,043-00
9. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 08.03.2021 passed by
the VII Addl. Senior Civil Judge and ACMM & MACT-3
Bengaluru in MVC.No.7498/2018 is modified;
iii) The claimants would be entitled to a sum of
Rs.10,30,043/- as against Rs.9,34,043/- with
interest @ 6% p.a. from the date of petition till
realization;
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iv) The entire compensation amount shall be paid by the
respondent within a period of four weeks from the
date of receipt of copy of this order;
v) All other terms of apportionment and deposits as
ordered by the tribunal is retained.
vi) Registry is directed to transmit the original records to
the jurisdictional tribunal.
SD/-
JUDGE
TS
