Karnataka High Court
Shobha W/O Kundalik Shinde vs Shoukat M. Hanif Bakshi And Anr on 3 January, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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MFA No. 201447 of 2022
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. 201447 OF 2022 (MV-D)
BETWEEN:
SMT. SHOBHA W/O KUNDALIK SHINDE,
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O JALOLI, TQ: PANDHARPUR,
NOW RESIDING IN TIKOTA,
TQ AND DIST: VIJAYAPURA-586130.
...APPELLANT
(BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
Digitally signed AND:
by RAMESH
MATHAPATI
Location: HIGH 1. SHOUKAT M. HANIF BAKSHI,
COURT OF
KARNATAKA R/O NO. 28, SIDDESHWAR NAGAR,
SOLAPUR-413001,
(MAHARASHTRA STATE).
2. THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO.LTD,
BRANCH OFFICE SITURATED AT GURUKUL ROAD,
HANAMASHETTI BUILDING, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. RAHUL R ASTURE, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 201447 of 2022
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
MODIFY THE JUDGMENT AND AWARD DATED 21.08.2021
PASSED IN MVC NO. 1145/2016 ON THE FILE OF THE COURT
OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.IV
VIJAYAPURA AT VIJAYAPURA AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT BY RS. 29,40,000/-
ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS
HONOURABLE COURT AND ETC,.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the wife of Sri. Kundalik Shinde, who
has died in a road accident on 03.03.2016. The appellant
along with her mother-in-law, Smt. Sakubai, has filed the
claim petition in MVC No.1145/2016 under Section 166 of
the Motor Vehicles Act, 1988 [for short, 'the M.V.Act'] on the
file of the III-Addl. District Judge & Member, MACT-IX,
Vijayapura [for short, 'the Tribunal']. The Tribunal has
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granted a total compensation of Rs.5,60,000/- under the
following heads:
Sl.No. Heads Amount
1. Towards loss of dependency Rs.4,90,000/-
2. Towards loss of consortium Rs.40,000/-
3. Towards loss of estate Rs.15,000/-
4. Towards funeral expenses Rs.15,000/-
Total Rs.5,60,000/-
The appellant's mother-in-law has died and as such, the
appellant alone has filed this appeal for enhancement of
compensation.
2. Sri. C. L. Koujalagi, the learned counsel for the
appellant, and Sri. Rahul R. Asture, the learned counsel for
the Insurer, are heard for final disposal though the appeal is
listed for admission. There is no dispute that Sri. Kundalik
Shinde has died in the road accident on 03.03.2016 or that
the Insurer is liable to pay the compensation to the
appellant. In fact, Sri. C. L. Koujalagi submits that the
appellant seeks enhancement of compensation on two heads
viz., loss of dependency and loss of consortium.
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3. Sri. C.L. Koujalagi submits that the appellant has
produced evidence to demonstrate that Sri. Kundalik Shinde
was earning a sum of Rs.5,00,000/-per annum and that
notwithstanding such evidence, the Tribunal has taken Sri.
Kundalik Shinde's notional income in a sum of Rs.8,750/-
per month [which is the notional income evolved for
determination of compensation in Lok-Adalat when there is no
proof of income]. Sri. Rahul R. Asture submits that the
Tribunal is justified in taking notional income as per the
schedule evolved for Lok-Adalat in view of the fact that the
appellant has not produced any material to demonstrate the
actual monthly income of Sri. Kundalik Shinde or that his
income was Rs.5,00,000/- per annum.
4. The rival submissions are concerned in the light
of exhibits marked and the appellant's testimony. The
appellant has only produced Sale bills for vegetables [Ex.P8]
and this document cannot be construed as evidencing an
income of Rs.5,00,000/- per annum or any particular
amount. Further, Sri. Kundalik Shinde was aged 62 years,
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and unless compelling evidence is brought on record it will
be difficult to deduce that he would have had a higher
income. In these circumstances, this Court must find that
the Tribunal is justified in taking the notional income in a
sum of Rs.8,750/- to decide the loss of dependency and no
interference is called for in that regard.
5. Sri. C. L. Koujalagi submits that the appellant,
who was only 48 years as on the date of accident, is
rendered a widow without spousal company and that would
justify granting a higher sum towards loss of consortium
than the present sum which is a sum of Rs.40,000/-.
Sri Rahul R. Asture proposes to support the grant of
conventional sum as loss of consortium but he is unable to
controvert that in special circumstances to ensure that there
is just compensation, a higher sum can be awarded towards
loss of consortium. In this regard, this Court must make a
reference to the decision of Hon'ble Supreme Court in
Magma General Insurance Company Limited vs. Nanu
Ram Alias Chuhru Ram and Others reported in (2018) 18
SCC 130.
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6. This Court to award just compensation must
consider that the appellant has lost her husband at the age
of 48 years; that her husband was 14 years elder to her
according to the evidence; and she has lost the company of
her spouse at a rather early age without the support of
children. These must constitute special circumstances and
must be considered to arrive at a just compensation towards
loss of consortium. A sum of Rs.1,00,000/- as against a
sum of Rs.40,000/- towards loss of consortium would be a
just compensation. Hence, the appeal is disposed of granting
an enhanced compensation of Rs.60,000/-. Hence, the
following:
ORDER
(i) The appeal stands disposed of granting
enhanced compensation in a sum of
Rs.60,000/- directing the second
respondent/Insurer to pay the aforesaid
amount within eight [8] week from the date
of receipt of a certified copy of this order
along with interest at the rate of 6% p.a.
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(ii) It is observed that if there is any delay, the
second respondent shall pay interest at the
rate of 9% for the delayed period.
Sd/-
JUDGE
Sd/-
JUDGE
SDU
CT: CS
