Karnataka High Court
Shantha Bai And Anr vs Bhimrao And Anr on 3 January, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
-1-
NC: 2024:KHC-K:59-DB
MFA No.201424 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.201424 OF 2019 (MV-D)
BETWEEN:
1. SHANTHA BAI
W/O GANPATHI @ GANPATHRAO
AGE: 38 YEARS, OCC: HOUSEHOLD
2. GANPATHI @ GANPATHRAO
S/O AMBAJI
AGE: 43 YEARS, OCC: AGRICULTURE
Digitally signed by
SWETA KULKARNI
BOTH R/O DHANNURA-H,
Location: HIGH
COURT OF
TQ: BHALKI, DIST: BIDAR - 584 101
KARNATAKA
...APPELLANTS
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. BHIMRAO S/O PANDURANGH JADHAV
AGE: MAJOR, OCC: BUSINESS
R/O. A/P MEDANKAR WADI,
TQ: KHED, DIST: PUNE
M.S.PIN CODE NO.-410 501.
-2-
NC: 2024:KHC-K:59-DB
MFA No.201424 of 2019
2. THE MANAGER
TATA AIG GENERAL INSURANCE CO.LTD.
DIVISIONAL OFFICE, 2ND FLOOR, JPX DEVI,
ARCADE PLOT NO.69, MILLERE ROAD,
BANGALORE PIN CODE NO.-584 101.
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH V/O. DATED 15.07.2021)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 23.07.2018
PASSED IN M.V.C.NO.213/2016 BY THE SENIOR CIVIL JUDGE
AND ADDITIONAL MACT AT BHALKI AND ENHANCE THE
COMPENSATION FROM RS.9,24,000/- WITH 6% INTEREST TO
RS.44,50,000/- WITH 12% INTEREST.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants in MVC
No.213/2016 on the file of the Addl. MACT, Bhalki [for
short, 'the Tribunal']. The claimants have impugned the
Tribunal's judgment and award dated 23.07.2018, and the
Tribunal by this impugned judgment and award has granted
a total sum of Rs.9,24,000/- as compensation under the
following heads:
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1. Loss of dependency Rs.8,64,000/-
2. Love and affection Rs.20,000/-
3. Transportation of body and
Rs.20,000/-
funeral expenses
4. Loss of estate Rs.20,000/-
Total Rs.9,24,000/-
2. The appellants have lost their son Sri Maruthi,
who was undergoing All India Trade Training (AITT)
conducted under the aegis of National Council for Vocational
Training, in a road accident on 23.09.2015 while he was
riding his two-wheeler. This accident, as opined by the
Tribunal, is because of the rash and negligent driving by the
driver of the offending vehicle viz., Tempo bearing
Reg.No.MH-14/EM-4066 which as of the relevant date was
insured with the second respondent - the Insurer.
3. Sri Babu H. Metagudda, the learned counsel for
the appellants, submits that the Tribunal has taken
Sri Maruthi's notional income in a sum of Rs.8,000/- per
month and capitalized the loss of dependency without
adding future prospects. Sri Babu H. Metagudda, while
urging that there must enhancement under the conventional
heads, canvasses that in the light of the evidence on record,
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more particularly the marks sheet and other educational
records [Ex.P7 to P12], it is undeniable that Sri Maruthi had
undergone vocational training and this establishes that he
was employed, as contended by the appellants, with All
India Trade Training.
4. On the other hand, Sri S.S. Aspalli, the learned
counsel for the Insurer, submits that the appellants have
produced documents to show that the Sri Maruthi has
undergone vocational training, but they have not placed any
evidence to establish that the deceased was indeed
employed, and as such, the Tribunal has rightly taken the
notional income at Rs.8,000/- per month. As regards the
addition towards future prospects, Sri S.S. Aspalli cannot
persuade this Court to conclude that such addition must be
refused as it is now settled that the dependents of the
victims of road accident will be entitled for future prospects.
5. In the light of these submissions, the question for
consideration is:
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Whether there must be enhancement in
compensation granted to the appellants on the
heads of loss of dependency and conventional
heads.
6. Sri Maruthi was aged 18 years as of the date of
the accident as could be seen from the academic records
[the marks sheets -Ex.P9 to P12]. The Tribunal, based on
the charge-sheet filed, has concluded that the deceased was
aged 23 years. This may not be significant in itself insofar
as the multiplier to be applied but the age of the deceased
and the vocational training undergone by him show that he
was qualified. The notional income of Rs.8,000/- per month
is taken in cases where there is no proof of income, and in
the present case when it is established that Sri Maruthi was
aged 18 years old as of the date of the accident and had
undergone vocational training, this Court is of the
considered view that just compensation will be when the
notional income is taken at Rs.10,000/- per month.
7. There has to be addition of 40% of this income
towards future prospects in view of the decision of the
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Hon'ble Supreme Court in the case of National Insurance
Company Ltd. Vs. Pranay Sethi & Ors1. The loss of
dependency, after deducting 50% of the income of
Rs.10,000/- per month towards personal expenses with the
addition of 40% towards future prospects when capitalized
by the appropriate multiplier of 18, will be in a sum of
Rs.15,12,000/- as determined in the following manner:
Description By this Court
Annual Income Rs.1,20,000/-
Addition of 40% towards
future prospects to the Rs.1,68,000/-
annual income
Deduction of 50% towards
Rs.84,000/-
personal expenses
Loss of Dependency Rs.15,12,000/-
In addition, the appellants, who are parents of Sri Maruthi,
would be entitled to a sum of Rs.70,000/- under
conventional heads viz., love and affection, transportation of
1 (2017) 16 SCC 680
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dead body, funeral expenses and loss of estate. Thus, the
appellants would be entitled for a total sum of
Rs.15,82,000/- as compensation, as detailed below:
By Tribunal By this Court
Description
Loss of Rs.8,64,000/-
Rs.15,12,000/-
dependency
Love and affection Rs.20,000/-
Transportation of Rs.20,000/-
Rs.70,000/-
body and funeral
expenses
Loss of estate Rs.20,000/-
Total Rs.15,82,000/-
In the light of the above, the enhancement in compensation
will be in a sum of Rs.6,58,000/- [Rs.15,82,000/- -
Rs.9,24,000/-].
For the foregoing, the following:
ORDER
[i] The appeal is allowed in part modifying the
impugned judgment and award dated
23.07.2018 in MVC No.213/2016 and
granting an enhanced compensation of
Rs.6,58,000/-.
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[ii] The second respondent - Insurer shall
deposit the enhanced compensation along
with interest at the rate of 6% p.a. within a
period of eight weeks [8] from the date of
receipt of a certified copy of this order.
[iii] The Tribunal's order as regards
apportionment, deposit and disbursement
remains unmodified.
Sd/-
JUDGE
Sd/-
JUDGE
BL
CT;VK
