Karnataka High Court
Balachandra S/O Sanjeevappa Pujar vs The Divisional Manager on 29 February, 2024
-1-
NC: 2024:KHC-D:4660-DB
MFA No.102523 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.102523 OF 2018 (MV-I)
BETWEEN:
1. BALACHANDRA S/O SANJEEVAPPA PUJAR,
AGE: 71 YEARS, OCC: AGRICULTURE,
R/O: SECTOR NO.46, NAVANAGAR,
BAGALKOT, TQ & DIST: BAGALKOT.
2. KAMALA W/O BALACHANDRA PUJAR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: SECTOR NO.46, NAVANAGAR,
BAGALKOT, TQ AND DIST: BAGALKOT.
VISHAL ... APPELLANTS
NINGAPPA (BY SRI. D.V.PATTAR, ADVOCATE)
PATTIHAL
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
AND:
Date: 2024.03.11
10:49:42 +0530
THE DIVISIONAL MANAGER,
NWKRTC, NAVANAGAR, BAGALKOT.
... RESPONDENT
(BY SRI. I.C. PATIL, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 21.04.2018 PASSED
IN MVC NO.160/2017 ON THE FILE OF THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL-I, BAGALKOT, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-2-
NC: 2024:KHC-D:4660-DB
MFA No.102523 of 2018
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
UMESH M. ADIGA, J., DELIVERED THE FOLLOWING:
JUDGMENT
1. This is claimants' appeal against the judgment and
award dated 21.04.2018 passed in MVC No.160/2017 by the
Prl. District and Sessions Judge & Member MACT-I, Bagalkot
(for short "the Tribunal") praying for enhancement of
compensation.
2. For the sake of convenience, the parties are
referred to as per their status before the Tribunal.
3. It is the case of the appellants - claimants that
they are the parents of the deceased Prashant
Balachandra Pujar, who met with an accident on
21.03.2017 due to rash and negligent driving of the
NWKRTC Bus bearing registration No.KA-29/F-1119. They
have further contended that the deceased was aged about
32 years; was an agriculturist & also the owner of the
auto-rickshaw, and was earning at Rs.15,000/- per month.
The claimants were depending upon the earning of the
deceased. Due to the sudden death of the deceased, the
NC: 2024:KHC-D:4660-DB
claimants have lost the earning member of the family.
With these reasons, they prayed to award compensation of
Rs.36,50,000/-.
4. The respondent - NWKRTC has denied all the
contentions of the claimants and prayed for dismissal.
5. The Tribunal had framed the necessary issues
for determination.
6. The claimants have examined PW1 & PW2 and
got marked Exs.P1 to P15 documents. The respondent -
NWKRTC in support of its case was examined RW1.
2. The Tribunal after hearing both the parties and
on appreciating the materials on record awarded the
following amounts of compensation:
1. Loss of dependency Rs.4,70,400/-
2. Loss of estate & funeral Expenses Rs.30,000/-
3. Medical expenses Rs.10,993/-
Total Rs.5,11,393/-
Rounded of to Rs.5,12,000/-
3. The Tribunal assessed the income of the
deceased at Rs.8,000/- per month; his age as 32 years;,
NC: 2024:KHC-D:4660-DB
deducted 50% of income towards personal expenses, since
the deceased was unmarried; added 40% of income
towards future prospects; also applied multiplier of 7 and
calculated the compensation.
4. Being aggrieved by the said order, the
claimants have preferred this appeal contending that the
compensation awarded by the Tribunal is inadequate and
pray for enhancement.
5. The main contention of the learned counsel for
the appellants is that the Tribunal has not considered the
income of the deceased properly; even if we consider the
income as per the schedule of KSLSA and then the
notional income could be taken as Rs.10,250/- p.m. The
Tribunal ought to have considered the said fact, while
awarding the compensation. He also submitted that the
Tribunal ought to have awarded Rs.80,000/- towards loss
of consortium, since there are two claimants, who are
parents of the deceased. Therefore, prays to award
suitable amount of compensation.
NC: 2024:KHC-D:4660-DB
6. Learned counsel for the respondent submits
that the Tribunal has appropriately considered and
awarded the compensation. He further contends that the
interest awarded by the Tribunal at 9% p.a. may be
reduced to 6% p.a. and prays to dismiss the appeal.
7. The submission of the learned counsel for the
appellants is tenable. The Tribunal has assessed the
income of the deceased at Rs.8,000/- per month. It is on
lower side. As per the schedule of income prepared by
Karnataka State Legal Services Authority in consultation
with stake holders, the income of a victims of an accident
of the year 2017 is Rs.10,250/-. The same could be
applied to the facts of the present case. The deceased was
aged about 32 years at the time of accident, which is not
disputed. Hence, 40% of the income is to be added
towards future prospects, keeping in mind the law laid
down in the case of National Insurance Co. Ltd., vs.
Pranay Sethi and others1. It is not in dispute that the
2017 ACJ 2700
NC: 2024:KHC-D:4660-DB
deceased was unmarried and hence, 50% of the income
needs to be deducted towards personal expenses.
Admittedly, the appropriate multiplier applicable is 16.
Thus, the amount of compensation under the head loss of
dependency at Rs.13,77,600/- (Rs.10,250/- + 40% - 50% x
12 x 16).
8. Keeping in mind the law laid down in the case
of National Insurance Company Limited v. Pranay
Sethi and Others2, Magma General Insurance
Company Limited v. Nanu Ram @ Chuhru Ram and
Others3 and United India Insurance Co. Ltd., v.
Satinder Kaur and Others4, the claimants are entitled
for the compensation under conventional heads.
9. Accordingly, the claimants are entitled to the
following amounts of compensation:
1. Loss of dependency Rs.13,77,600/-
(Rs.10,250 + 40% - 50% x 12 x 16)
2. Loss of consortium Rs.80,000/-
(Rs.40,000 x 2)
AIR 2017 SC 5157
(2018) 18 SCC 130
2020 ACJ 2131
NC: 2024:KHC-D:4660-DB
3. Loss of estate Rs.15,000/-
4. Funeral expenses Rs.15,000/-
Total Rs.14,87,600/-
10. Accordingly, claimants are entitled for
enhancement of Rs.9,75,600/- Accordingly, we proceed to
pass the following:
ORDER
(i) The appeal is partly allowed.
(ii) The impugned judgment and award
dated 21.04.2018, passed by the Prl.
District and Sessions Judge and
Member MACT-I, Bagalkot in M.V.C.
No.160/2017 is modified.
(iii) The claimants are entitled for
compensation of Rs.14,87,600/- as
against Rs.5,12,000/- awarded by the
Tribunal. They are entitled for
enhancement of Rs.9,75,600/- along
with interest at the rate of 6% per
annum on the enhanced amount from
the date of petition till its realization.
(iv) The respondent shall deposit the
enhanced compensation amount along
NC: 2024:KHC-D:4660-DB
with interest before the Tribunal within
a period of six weeks from the date of
receipt of certified copy of this order.
(v) The order of apportionment and
deposit as ordered by the Tribunal is
not disturbed.
Sd/-
JUDGE
Sd/-
JUDGE
VNP/ CT:VP
