Karnataka High Court
Smt Savakka W/O Suesh Rajaput Alias ... vs Sri Pruthviraj S/O Prakash Upadhye on 29 February, 2024
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NC: 2024:KHC-D:4658
MFA No. 103883 of 2023
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. 103883 OF 2023 (MV-D)
BETWEEN:
1. SMT. SAVAKKA W/O. SURESH RAJAPUT @ LAMANI,
AGE: 35 YEARS, OCC: HOUSE HOLD WORK,
2. KUMARI NETRAVATI D/O. SURESH RAJAPUT @ LAMANI,
AGE: 18 YEARS, OCC: STUDENT,
3. KUMAR KRISHNA S/O. SURESH RAJAPUT @ LAMANI,
AGE: 15 YEARS, OCC: STUDENT,
4. KUMAR SAMPAT S/O. SURESH RAJAPUT @ LAMANI,
AGE: 15 YEARS, OCC: STUDENT,
(APPELLANT NOS.3 AND 4 ARE MINORS
HENCE THEY ARE REPRESENTED BY
THEIR NATURAL GUARDIAN/MOTHER
SMT. SAVAKKA SURESH RAJAPUT @ LAMANI).
5. SMT. SALAVVA W/O. SHANKAR LAMANI @ RAJAPUT,
AGE: 66 YEARS, OCC: HOUSEHOLD WORK,
Digitally
signed by 6. SRI. SHANKAR S/O. NAMAPPA LAMANI @ RAJAPUT,
ROHAN
ROHAN HADIMANI AGE: 72 YEARS, OCC: NIL,
HADIMANI T
T Date:
2024.03.01
11:36:41
ALL ARE R/O. BANNUR TANDA,
+0530
TQ: RAMDURG, DIST: BELAGAVI-591130.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. SRI. PRUTHVIRAJ S/O. PRAKASH UPADHYE,
AGE: 67 YEARS, OCC: BUSINESS,
R/O. H.NO. 464, 2ND CROSS,
BHAGYA NAGAR, BELAGAVI-590001,
DIST. BELAGAVI.
2. UNITED INDIA INSURANCE CO. LTD,
THROUGH ITS DIVISIONAL MANAGER,
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NC: 2024:KHC-D:4658
MFA No. 103883 of 2023
DIVISIONAL OFFICE, MARUTI GALLI,
BELAGAVI-590001, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. S. S. JOSHI, ADV. FOR RESPONDENT NO.2)
(NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING
COMPENSATION BY MODIFYING THE JUDGEMENT AND AWARD OF
SENIOR CIVIL JUDGE AND AMACT, RAMDURG, DATED 21-12-2022 IN
MVC NO.1029/2021 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for orders, with the consent
of learned counsel for the parties, it is taken up for final
disposal.
2. This appeal by the claimants seeking enhancement
of compensation awarded under judgment & award dated
21.12.2022 passed in MVC No.1029/2021 by the Senior Civil
Judge & Addl. MACT, Ramdurg (for short, 'Tribunal').
3. Brief facts leading to filing of this appeal are that on
12.11.2020, one Sri.Suresh Rajaput, as a cleaner cum hamal in
Tata Ace Goods Vehicle bearing registration No.KA-22/B-8462
was proceeding from Belagavi to Sagar. The driver of the said
vehicle drove the same in a rash and negligent manner, lost
NC: 2024:KHC-D:4658
control, due to which, the vehicle toppled down. As a result,
Suresh struck into the vehicle, sustained fatal injuries and
succumbed to the same at the spot. It is averred that the
deceased Suresh was aged about 37 years, working as Cleaner-
cum-Hamali in the said vehicle and earning Rs.25,000/- per
month and daily batta of Rs.150/-.
4. Before the Tribunal, Respondent No.2/Insurance
Company contested the proceedings by filing statement of
objections and denied the averments made in the claim
petition. It is further contended that the driver of the offending
vehicle was not in possession of valid and effective driving
license as on the date of the accident. Hence, sought for
dismissal of the claim petition.
5. The claimant No.1, wife of the deceased Suresh,
examined herself as PW1 and got marked the documents as
Ex.P1 to P10. The respondents did not examine any witness
nor marked any document.
6. The Tribunal on scrutiny of entire material available
on record, allowed the claim petition in part awarding total
compensation of Rs.20,22,000/- with interest at 6% per annum
NC: 2024:KHC-D:4658
from the date of petition till realization. The claimants being
aggrieved by quantum of compensation, are before this Court
in this appeal.
7. Learned counsel for the appellants
Sri.Chandrashekhar M Hosamani urged twofold contentions.
Firstly, the Tribunal committed an error in not awarding any
compensation under the head of loss of future prospects, which
the claimants would be entitled to 40% in terms of decision of
Hon'ble Apex Court in the case of National Insurance
Company Limited Vs.Pranay Sethi & Others1. Nextly, in
terms of Pranay Sethi's case referred supra, the claimants
would be entitled to 10% escalation on the compensation
awarded under the head of loss of consortium. Thus, he prays
for allowing the appeal.
8. Per contra, learned counsel Sri.S.S. Joshi, for
respondent/Insurance Company supporting the impugned
judgment and award of the Tribunal would submit that award of
compensation by the Tribunal on all heads is just and proper,
2017(16) SCC 680
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requires no interference. Thus, prays for dismissal of the
appeal.
9. Having heard the learned counsel for the parties
and on perusal of the appeal papers, the only point that would
arise of consideration in this appeal is whether the appellants
would be entitled for enhanced compensation?
10. Answer to the above point would be in the
affirmative for the following reasons:
11. The parties to the proceedings do not dispute the
occurrence of the accident on 12.11.2020 resulting in death of
Sri.Suresh, wife of appellant No.1, children of appellants No.2
to 4 and parents of appellants No.5 and 6. The contention of
learned counsel for the appellants is that the Tribunal
committed an error in not awarding compensation under the
head of loss of future prospects. In terms of decision of
Hon'ble Apex Court in the case of Pranay Sethi referred supra,
wherever the deceased was aged below 40 years, the claimants
would be entitled for addition of 40% of the assessed income
towards future prospects. In the instant case, the deceased
was aged 37 years as on the date of the accident, hence, the
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claimants would be entitled for addition of 40% of the assessed
income towards future prospects. There is no dispute with
regard to notional income of the deceased at Rs.13,750/- per
month assessed by the Tribunal, deduction of 1/4th towards
personal and living expenses of the deceased and applicable
multiplier of 15. Thus, the claimants would be entitled for
modified compensation on the head of loss of dependency at
Rs.25,98,750/- (Rs.13,750 + 40% x 12 x 15 x 3/4).
12. Further, the award of compensation by the Tribunal
at Rs.16,500/- each under the head of loss of estate and
funeral expenses is just and proper, which is not disturbed.
The Tribunal awarded a sum of Rs.40,000/- each on the head
of loss of consortium. However, the said sum shall carry 10%
escalation for three years.
13. Thus, the claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 25,98,750/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium (Rs.44,000x6) 2,64,000/-
Total 28,95,750/-
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Thus, the claimants shall be entitled to total
compensation of Rs.28,95,750/- as against Rs.20,22,000/-
awarded by the Tribunal.
14. In the result, I pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants would be entitled to total
compensation of Rs.28,95,750/- as against
Rs.20,22,000/- awarded by the Tribunal.
c) The enhanced compensation amount shall carry
interest at the rate of 6% per annum from the
date of petition till the date of payment.
d) The Insurer shall deposit the enhanced
compensation amount with accrued interest
before the Tribunal within a period of six weeks
from the date of receipt of certified copy of this
judgment.
e) The apportionment, deposit and disbursement
of enhanced compensation shall be made as per
award of the Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
