Karnataka High Court
Sri.Maruti S/O Meenappa Desai vs Sri.Mallanagouda S/O Ganganagouda ... on 29 February, 2024
-1-
NC: 2024:KHC-D:4674
MFA No. 101257 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101257 OF 2019 (MV)
BETWEEN:
1. SRI. MARUTI S/O. MEENAPPA DESAI,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. NAGARMUNNOLI VILLAGE,
TAL: CHIKODI, DIST: BELAGAVI.
2. SMT. BALAWWA W/O. MARUTI DESAI,
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O. NAGARMUNNOLI VILLAGE,
TAL: CHIKODI, DIST: BELAGAVI.
...APPELLANTS
(BY SRI. RAJENDRA R. PATIL, ADVOCATE)
AND:
1. SRI. MALLANAGOUDA S/O. GANGANAGOUDA
GOUDAR, AGED ABOUT 51 YEARS,
OCC: AGRICULTURE, R/O. HERUR VILLAGE,
Digitally
TAL: HUNAGUND, DIST: BAGALKOT.
signed by
ROHAN
ROHAN HADIMANI
HADIMANI T 2. THE DIVISIONAL MANAGER,
T Date:
2024.03.05 UNITED INDIA INSURANCE CO. LTD,
11:25:50
+0530 MARUTI GALLI, BELAGAVI.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR RESPONDENT NO.2
NOTICE TO RESPONDENT NO.1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THE APPEAL AND
CLAIM AND GRANT REASONABLE COMPENSATION OF RS.9,50,000/-
WITH COSTS AND PROPER INTEREST FROM THE DATE OF PETITION,
TILL THE REALIZATION OF AWARD AMOUNT AGAINST THE
RESPONDENTS AND ACCORDINGLY MODIFY THE AWARD DATED
27/03/2018 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND
ADDL. MACT, CHIKKODI IN MVC NO.2494/2015, IN THE INTEREST
OF JUSTICE.
-2-
NC: 2024:KHC-D:4674
MFA No. 101257 of 2019
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the parties.
2. The minor girl succumbed to the injuries in an
accident that occurred on 07.09.2015.
3. The Tribunal by its judgment and award dated
27.03.2018 awarded a compensation of Rs.2,50,000/-
with interest at 9% p.a., from the date of
petition/application till its realization. Being dissatisfied
with the quantum of compensation awarded by the
Tribunal, the claimants being the parents of the deceased
minor girl filed this appeal for enhancement of
compensation.
4. Learned counsel for the appellants/claimants
placed reliance on the judgment of the Hon'ble Apex Court
in the case of KURVAN ANSARI ALIAS KURVAN ALI &
ANOTHER Vs. SHYAM KISHORE MURMU & ANOTHER1
IN CIVIL APPEAL No.6902 OF 2021 Disposed off on 16.11.2021
NC: 2024:KHC-D:4674
wherein the Hon'ble Apex Court has awarded
compensation of Rs.4,70,000/-.
5. It is further submitted that in the case on hand,
the deceased was aged 4 years at the time of accident. In
the case of this nature, it is difficult to assess the loss in
pecuniary term and that the Motor Vehicles Act is also
silent in providing any basis to award just compensation.
Under these circumstances, it is his submission that what
has been held by the Hon'ble Apex Court has to be
followed in the facts and circumstances of the case.
6. Learned counsel for respondent No.2/Insurance
Company submits that the deceased was aged about 4
years and she is not an earning member of the family and
the appellants are not dependents. It is her further
submission that whatever the compensation awarded by
the Tribunal is just and proper.
7. I have heard the learned counsel appearing for
the parties and gone through the judgment relied upon by
NC: 2024:KHC-D:4674
the learned counsel for the appellants. It is difficult to
assess the compensation in case of a death of minor. The
age of the deceased is not in dispute. The compensation
as well as the future prospects cannot be decided on the
basis of gender or age, but based on the loss caused to
the family.
8. An accident leading to the death of a child
causes great shock and agony to the parents and family of
the deceased. The greatest agony for a parent is to lose
their child during their lifetime. Children are valued for
their love, affection, companionship and their role in the
family unit.
9. Modern jurisdictions world-over have
recognized that the value of a child's consortium far
exceeds the economic value of the compensation awarded
in the case of the death of a child. Most jurisdictions
permit parents to be awarded compensation under loss of
consortium on the death of a child. The amount awarded
NC: 2024:KHC-D:4674
to the parents is the compensation for loss of love,
affection, care and companionship of the deceased child.
10. The Co-ordinate Bench of this Court in the case
of Sagar since deceased by his LRs. Vs. Suresh and two
others reported in 2014 KAR MAC 506 (KAR) relying on
the judgment of the Hon'ble Apex Court in the case of
Kishan Gopal and Another Vs. Lala and others (AIR 2013
SCW 2037) has awarded compensation of Rs.4,50,000/-
towards 'loss of dependency' in case of death of a boy who
was aged 6 years.
11. Under the circumstances, I am inclined to rely
on the judgment of the Hon'ble Apex Court in KURVAN
ANSARI ALIAS KURVAN ALI & ANOTHER Vs. SHYAM
KISHORE MURMU & ANOTHER and this Court's decision in
Sagar's case referred to supra and I am of the considered
view that ends of justice would be met if a sum of
Rs.4,70,000/- is awarded as compensation.
12. In the result, the appeal is allowed in part and
the judgment and award dated 27.03.2018 passed in
NC: 2024:KHC-D:4674
MVC.No.2494/2015 by the Senior Civil Judge & Addl.
MACT., Chikodi is hereby modified by awarding additional
compensation of Rs.2,20,000/- which comes to
Rs.4,70,000/- (i.e. Rs.2,50,000 [awarded by the Tribunal]
+ 2,20,000 [enhanced amount]) with interest at 6% p.a.
on enhanced amount from the date of petition till
realization of the award amount.
13. Needless to say that the claimants shall not be
entitled to any interest on the enhanced compensation for
the delayed period. Registry to take note of the same
while drawing award.
Sd/-
JUDGE
RH
