Karnataka High Court
Bhagirathi And Ors vs Satish And Anr on 29 February, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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MFA No.200340 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCL. FIRST APPEAL NO.200340 OF 2022 (MV-D)
BETWEEN:
1. BHAGIRATHI
W/O RAJENDRA MUGALE
AGE: 40 YEARS
OCC: HOUSEHOLD WORK
2. SHRINATH
S/O RAJENDRA MUGALE
AGE: 22 YEARS
OCC: STUDENT
Digitally signed by 3. ADINATH
VARSHA N
RASALKAR S/O RAJENDRA MUGALE
Location: HIGH AGE : 18 YEARS
COURT OF
KARNATAKA OCC: STUDENT
4. OMKAR
S/O RAJENDRA MUGALE
AGE: 15 YEARS
MINOR U/G OF HIS MOTHER
SMT. BHAGIRATHI
5. VISHWANATH
S/O MADHAVRAO MUGALE
AGE: 67 YEARS
OCC: AGRICULTURE
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MFA No.200340 of 2022
ALL R/O VILLAGE MANNALLI,
TQ: BASAVAKALYAN
DIST: BIDAR - 585 327.
...APPELLANTS
(BY SMT.AMBIKA S.PATIL, ADVOCATE FOR
SRI.SACHIN M.MAHAJAN, ADVOCATE)
AND:
1. SATISH
S/O LIMBRAJ RAMTIRE
AGE: MAJOR, OCC: BUSINESS
R/O PLOT NO.2-154, SAINATH NAGAR
NIGADI, PUNE - 411 000.
OWNER OF VEHICLE NO.MH 14-CT 7176.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
OPP: SANGAM THEATER
SUPER MARKET,
KALABURAGI - 585 101.
...RESPONDENTS
(BY SMT.PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DATED 09.11.2022 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 03.10.2019 PASSED BY THE LEARNED II
ADDITIONAL DISTRICT AND SESSIONS COURT AND ADDL.
M.A.C.T., BIDAR, SITTING AT BASAVAKALYAN IN
M.V.C.NO.85/2019 AND ENHANCE THE COMPENSATION AS
PRAYED BEFORE THE TRIBUNAL BY ALLOWING THE CLAIM
PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ADMISSION THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
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MFA No.200340 of 2022
JUDGMENT
1. This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimants being aggrieved by
the judgment and award dated 03.10.2019 passed by the
II-Additional District Judge and MACT, Bidar, sitting at
Basavakalyan in MVC 85/2019.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 18.11.2017, when the deceased
Sri.Rajendra Mugale, was proceeding on motorcycle
bearing registration No.MH-14/CT-7176 as a pillion rider
from Basavakalyan to Mannalli, at that time, the said
motorcycle met with an accident, due to which deceased-
Rajendra sustained severe head injury and later he
succumbed to the injuries on 22.11.2017.
3. The claimants being the legal representatives of
deceased filed a petition under Section 166 of the Act
seeking compensation for the death of Rajendra along with
interest.
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4. On service of summons, the respondent No.2
appeared through counsel and filed written statement
denying the averments made in the claim petition.
Though respondent No.1 appeared before the Tribunal, he
did not file the written statement.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimants, in order to prove their case,
examined claimant No.1 - wife of the deceased as PW-1
and another witness as PW-2 and got exhibited documents
namely Ex.P1 to Ex.P17. The respondents have not
examined any witness nor they exhibit the document. The
Claims Tribunal, by the impugned judgment, inter alia,
held that the accident took place on account of rash and
negligent riding of the vehicle by its rider, as a result of
which, the deceased - pillion rider of the motorcycle
sustained injuries and succumbed to the injuries. The
Tribunal further held that the claimants are entitled to a
compensation of Rs.15,35,000/- along with interest at the
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rate of 9% p.a. and directed the respondent No.2-
Insurance Company to deposit the compensation amount
along with interest.
6. Smt.Ambika S.Patil, learned counsel appearing on
behalf of Sri.Sachin M. Mahajan, for the
appellants/claimants raised the following contentions:
a) Firstly, the claimants claim that the deceased was
aged about 40 years at the time of the accident and he
was earning Rs.5,00,000/- per annum from agricultural
activities and Rs.10,000/- per month from floor mill
business. The Tribunal has assessed the notional income
of the deceased at Rs.8,000/- per month and the same is
on lower side.
b) Secondly, as per the law laid down by the Hon'ble
Supreme Court in the case of NATIONAL INSURANCE
CO. LTD. -V- PRANAY SETHI [AIR 2017 SC 5157], the
claimants are entitled for Rs.15,000/- towards 'loss of
estate' and Rs.15,000/- towards 'funeral expenses'.
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c) Thirdly, as per the judgment of the Hon'ble Supreme
Court in the case of MAGMA GENERAL INSURANCE CO.
LTD. -V- NANU RAM [2018 ACJ 2782], each of the
claimants are entitled for compensation of Rs.40,000/-
under the head of 'loss of love and affection and
consortium'.
d) Lastly, considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is on the lower side. Hence, she prays for allowing
the appeal.
7. On the other hand, Smt.Preeti Patil Melkundi, learned
counsel for respondent No.2 - Insurance Company has
raised the following counter-contentions:
a) Firstly, even though the claimants claim that the
deceased was earning Rs.5,00,000/- per annum from the
agricultural activities and Rs.10,000/- per month from
floor mill business, the same is not established by the
claimants by producing relevant documents. Therefore,
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the Tribunal has rightly assessed the income of the
deceased notionally at Rs.8,000/- per month.
b) Secondly, on appreciation of oral and documentary
evidence and considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is just and reasonable.
c) Lastly, in view of the Division Bench decision of this
Court in the case of MS.JOYEETA BOSE AND OTHERS -
V- VENKATESHAN.V AND OTHERS (MFA 5896/2018
AND CONNECTED MATTERS DISPOSED OF ON
24.8.2020), the rate of interest awarded by the Tribunal
at 9% p.a. on the compensation amount is on the higher
side. Hence, she prays for dismissal of the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that Sri.Rajendra Mugale died in
the road traffic accident occurred on 18.11.2017 due to
rash and negligent riding of the motorcycle by its rider
bearing registration No.MH-14/CT-7176. At the time of
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accident, the deceased was aged about 40 years. Even
though the claimant has claimed that deceased was
earning Rs.5,00,000/- per annum from agricultural
activities and Rs.10,000/- per month from floor mill
business, except making the averment in the plaint and
producing the RTC, no other document has been produced
to prove that the deceased was earning Rs.5,00,000/- per
annum from agricultural activities and Rs.10,000/- per
month from floor mill business. In the absence of proof of
income, the notional income has to be assessed. As per
the guidelines issued by the Karnataka State Legal
Services Authority, for the accident taken place in the year
2017, the notional income of the deceased has to be taken
at Rs.10,250/- per month. To the aforesaid income, 25%
has to be added on account of future prospects in view of
the law laid down by the Constitution Bench of the
Supreme Court in 'PRANAY SETHI' (supra). Thus, the
monthly income comes to Rs.12,812/-. Since there are 5
dependents, it is appropriate to deduct 1/4th of the income
of the deceased towards personal expenses and remaining
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amount has to be taken as his contribution to the family.
The deceased was aged about 40 years at the time of the
accident and multiplier applicable to his age group is '15'.
Thus, the claimants are entitled to compensation of
Rs.17,29,620/- (Rs.9609*12*15) on account of 'loss of
dependency'.
10. In addition, the claimants are entitled to
compensation of Rs.15,000/- on account of 'loss of estate'
and compensation of Rs.15,000/- on account of 'funeral
expenses'.
11. In view of the law laid down by the Supreme Court in
the case of 'MAGMA GENERAL INSURANCE' (supra),
claimant No.1, wife of the deceased is entitled for
compensation of Rs.40,000/- under the head of 'loss of
spousal consortium'. Claimant Nos.2 to 4, children of the
deceased are entitled for compensation of Rs.40,000/-
each under the head of 'loss of parental consortium' and
claimant No.5, father of the deceased is entitled for
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compensation of Rs.40,000/- under the head of 'loss of
filial consortium'.
12. The compensation awarded by the Tribunal under the
head 'medical expenses' is as per the medical bills
produced by the claimants. The same is just and
reasonable.
13. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 17,29,620
Medical expenses 85,359
Funeral expenses 15,000
Loss of estate 15,000
Loss of spousal consortium 40,000
Loss of Parental 1,20,000
consortium
Loss of Filial consortium 40,000
Total 20,44,979
Rounded off to: 20,45,000
14. In the result, the following order is passed:
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ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is
modified.
c) The claimants are entitled to a total
compensation of Rs.20,45,000/- as against
Rs.15,35,000/- awarded by the Tribunal.
d) In view of judgment of the Division Bench
of this Court in the case of MS.JOYEETA BOSE
(supra) the enhanced compensation shall carry
interest at the rate of 6% per annum.
e) The Insurance Company is directed to
deposit the entire compensation amount along
with interest from the date of filing of the claim
petition till the date of realization, within a period
of eight weeks from the date of receipt of copy of
this judgment.
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f) The apportionment, deposit and release of
amount shall be made in terms of the award of
the Tribunal.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
Ct;Vk
