Karnataka High Court
Smt. Majanabi W/O Allabaksh Mayar vs Shrishail S/O Sharanappa Hakkanagutti on 29 February, 2024
-1-
NC: 2024:KHC-D:4670-DB
MFA No.103300 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE M.I.ARUN
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MFA NO.103300 OF 2018 (MV-D)
BETWEEN:
1. SMT. MAJANABI
W/O ALLABAKSH MAYAR
AGE: 35 YEARS,
OCC: HOUSEHOLD WORK,
2. KUMARI KOUSARABI
D/O ALLABAKSH MAYAR,
AGE: 15 YEARS, OCC: STUDENT,
VISHAL
NINGAPPA
PATTIHAL 3. KUMARI RIJWAN
Location: HIGH
S/O ALLABAKSH MAYAR,
COURT OF
KARNATAKA
DHARWAD BENCH
AGE: 12 YEARS,
Date: 2024.03.06
11:27:40 +0530 OCC: STUDENT,
4. KUMAR SHARUKHAN
S/O ALLABAKSH MAYAR,
AGE: 08 YEARS,
OCC: STUDENT,
5. SMT.AMEENAMA
W/O BALASAB MAYAR
AGE: 57 YEARS,
OCC: HOUSEHOLD WORK,
-2-
NC: 2024:KHC-D:4670-DB
MFA No.103300 of 2018
(APPELLANT NOS.2 TO 4 ARE MINORS,
R/BY THEIR GUARDIAN/MOTHER
APPELLANT NO.1)
ALL ARE R/O: BOL-CHIKKALAKI,
TQ AND DIST: VIJAYAPUR,
NOW R/AT: CHIKKALAKI-587301,
TQ: JAMAKHANDI, DIST: BAGALKOTE.
...APPELLANTS
(BY SRI. PRASHANT S KADADEVAR, ADVOCATE)
AND:
1. SHRISHAIL
S/O SHARANAPPA HIKKANAGUTTI
AGE: 41 YEARS, OCC: BUSINESS,
R/O: LINGAD GUDI, SHARANA NAGAR,
VIJAYA COLLEGE ROAD, VIJAYAPURA,
DIST: VIJAYAPURA.-586101.
2. THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
MADIWAL ARCADE, 2ND FLOOR,
NEAR MILAN HOTEL,
CLUB ROAD, BELAGAVI.-590001.
...RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2,
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 04.01.2018
PASSED IN MVC NO.4/2017 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS
AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V, JAMKHANDI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
M.I. ARUN, J., DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC-D:4670-DB
MFA No.103300 of 2018
JUDGMENT
1. Aggrieved by the judgment and award dated
04.01.2018, passed in MVC No.4/2017 by the Prl. Senior
Civil Judge & JMFC & MACT No.V at Jamkhandi (for short
"the Tribunal"), the petitioners - claimants therein are
preferred this appeal.
2. For the sake of convenience, the parties are
referred to as per their Status before the Tribunal.
3. That on 10.09.2016 at about 3:45 p.m. the
deceased Allabaksh met with an accident on Vijayapura -
Jamkhandi Road, when he was traveling in the motorcycle
bearing registration No.KA-48/R-1382 when a lorry bearing
registration No.KA-28/C-1125 being driven in rash and
negligent manner, dashed against the motorcycle.
4. The offending lorry was duly insured with
respondent No.2 - Insurance Company and the petitioners
are the legal representatives of the deceased Allabaksh.
NC: 2024:KHC-D:4670-DB
5. The deceased Allabaksh was aged about 45 years
at the time of accident and the petitioners are failed to
prove his income before the Tribunal. Hence, the income is
to be fixed notionally at Rs.8,750/- per month as per the
Lok Adalath Chart prepared in consultation with the
Insurance Companies.
6. The liability of the second respondent has not
been disputed.
7. Given the age of the deceased based on the
decision of the Hon'ble Apex Court in the case of Sarla
Verma and others vs. Delhi Transport Corporation and
another1 multiplier of 14 is adopted and as per the
judgment in the case of National Insurance Co. Ltd., vs.
Pranay Sethi and others2 25% is added towards future
prospects and given the facts there are five dependents,
1/4th is to be deducted towards his personal expenses.
2009 (6) SCC 121
2017 ACJ 2700
NC: 2024:KHC-D:4670-DB
8. Thus, the compensation towards "loss of
dependency", the petitioners will be entitled to a sum of
Rs.13,78,125/- (Rs.8,750 x 12 x 14 + 25% x ¾). Further, the
petitioners are also entitled to Rs.30,000/- towards "loss of
estate" and "funeral expenses" and each of the petitioners
are also entitled to a sum of Rs.40,000/- towards "loss of
consortium" totaling to Rs.2,00,000/- (40,000 x 5).
9. Thus, the petitioners are entitled to a sum of
Rs.16,08,125/- as against Rs.9,75,000/- awarded by the
Tribunal and the petitioners are entitled to enhanced
compensation of Rs.6,33,125/-. Given the bank rate of
interest, the petitioners are also entitled to interest at the
rate of 6% p.a. on the enhanced compensation amount.
Hence, the following:
ORDER
(i) The appeal is allowed.
(ii) The petitioners are entitled to enhanced
compensation of Rs.6,33,125/- along with
interest at the rate of 6% p.a. from the
date of petition before the Tribunal till
NC: 2024:KHC-D:4670-DB
realization, which shall be over and above
what is awarded by the Tribunal.
(iii) The second respondent - Insurance
Company shall pay the enhanced
compensation amount to the petitioners
within a period of six weeks from the date
of receipt of certified copy of this order.
Sd/-
JUDGE
Sd/-
JUDGE
VNP/ CT:VP
