Karnataka High Court
Laxmibai S/O Late Shivaji Wage And Ors vs Maruti S/O Mallappa Kudmude And Anr on 5 January, 2024
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NC: 2024:KHC-K:208
MFA No. 201226 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO. 201226 OF 2017 (MV-D)
BETWEEN:
1. LAXMIBAI S/O LATE SHIVAJI WAGE,
AGE: ABOUT 45 YRS, OC: HOUSEHOLD
2. MADAPPA S/O LATE SHIVAJI WAGE,
AGE: ABOUT 26 YRS, OCC: LABOUR
3. IRAMMA W/O MOUNESHWARA BACHVAR
AGE: ABOUT 24 YRS, OCC: HOUSE HOLD
R/O BENAKNALLI TQ: SEDAM, DIST: KALABURAGI.
4. TUKARAM S/O LATE SHIVAJI WAGE,
AGE: ABOUT 17 YRS, OCC: STUDENT
MINOR UNDER GUARDIAN OF HIS NATURAL
MOTHER APPELLANT NO.1
Digitally signed
by
KHAJAAMEEN 5. VINOD S/O LATE SHIVAJI WAGE
L MALAGHAN AGE: ABOUT 16 YRS, OCC: STUDENT
Location: High MINOR UNDER GUARDIAN OF HIS NATURAL
Court of
Karnataka MOTHER APPELLANT NO.1
6. SARUBAI W/O HANMANTH WAGE
AGE: ABOUT 73 YRS, OCC: HOUSEHOLD
ALL R/O VILLAGE GOKUL, TQ: BASAVAKALYAN,
DIST: BIDAR-585401.
...APPELLANTS
(BY SMT. NEEVA M CHIMKOD, ADVOCATE)
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MFA No. 201226 of 2017
AND:
1. MARUTI S/O MALLAPPA KUDMUDE
AGE: ABOUT 41 YRS OCC: LABOUR AND
OWNER OF HERO SPLENDOR PLUS BEARING
REG. NO. KA56/E-3774,
R/O H.NO.38, KHANDEKERI (NARAYANPURWADI)
TQ: BASAVAKALYAN, DIST: BIDAR-585401.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CODMPANY LTD.,
DR. JAWALI COMPLEX, SUPER MARKET
KALABURAGI-585105.
VALID FROM 03.01.2014 TO 02.01.2015, DATE OF
ACCIDENT 30.01.2014.
...RESPONDENTS
(BY SRI.SHIVANAND PATIL ADV. FOR R2;
V/O DATED 10.02.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS AND MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 20.01.2017
PASSED BY THE COURT OF SESSIONS CIVIL JUDGE AND ADDL.
MACT, AT BASAVAKALYAN, IN MVC.NO.347/2014, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award passed in MVC
No.347/2014, dated 20.01.2017, by Senior Civil Judge
And Additional MACT, Basavakalyan, the claimants are
before this Court seeking enhancement of the
compensation.
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2. The claim petition is filed seeking compensation
of an amount of Rs.20,00,000/- for the death of the
deceased in the accident. The claimants are the wife,
married daughters and two minor sons and the mother of
the deceased. According to the claimants the deceased
was aged 45 years as on the date of the accident and
earning an amount of Rs.8,000/- per month. The court
below had taken Rs.6,000/- and had granted
compensation as per the table given below:
Heads Compensation
Awarded
1. Loss of Dependency : Rs. 7,56,000/-
2. Loss of Consortium : Rs. 30,000/-
3. Loss of Love and Affection : Rs. 30,000/-
4. Loss of Estate : Rs. 60,000/-
5. Transportation and Funeral Expenses : Rs. 25,000/-
TOTAL : Rs. 9,01,000/-
3. Learned counsel appearing for the appellant
submits that the accident had taken place in the year
2014, hence taking the monthly income of the deceased at
an amount of Rs.6,000/- is on the lower side. It is
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submitted that the court below had not added future
prospects and even on the other conventional heads also
the amounts that were granted by the tribunal were not
just and reasonable.
4. Learned counsel appearing for the insurance
company submits that as there is no evidence with regard
to the income the court below had taken an amount of
Rs.6,000/- and even on the other conventional heads also
the amounts that were granted by the Tribunal are
reasonable and no grounds are made out for enhancement
of the compensation.
5. Having heard the learned counsel on either
side, perused the entire material on record. In this case
according to the claimants the deceased was earning an
amount of Rs.8,000/-. The court below had taken the
income at Rs.6,000/- p.m. Considering that the accident is
of the year 2014 and as per the chart prepared by the
Karnataka State Legal Services Authority, this Court is
taking the notional income at Rs7,500/-, the deceased was
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aged 45 years, he is entitled for 25% of future prospects
i.e., Rs.1,875/-. There are two claimants i.e., one major
son and a married daughter who are not dependant and
the claimants who are depending are four in number and
therefore 1/4th has to be deducted towards personal
expenses, it comes to Rs.2,343/-. If the same is deducted,
the claimants would be entitled for an amount of
Rs.11,81,376/- (Rs.7,032 x 12 x 14) towards loss of
dependency. Towards loss of consortium as per law
laid down by the Hon'ble Apex court in the case of Magma
General Insurance Company Limited vs. Nanu Ram
Alias Chuhru Ram and others1 an amount of
Rs.2,88,000/- (Rs.48,000 x 6) is awarded. Towards
funeral expenses an amount of Rs.36,000/- is
awarded.
6. Further in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
(2018) 18 SCC 130
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MALATHI AND ANOTHER2, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Loss of Dependency : Rs. 11,81,376/-
2. Loss of Consortium : Rs. 2,88,000/-
3. Funeral Expenses : Rs. 36,000/-
4. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 15,15,376/-
8. Accordingly, the Appeal is Partly Allowed,
enhancing the compensation amount from Rs.9,01,000/-
to Rs.15,15,376/-.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
ii) The respondent - insurance company shall
deposit the amount within a period of eight
(2014) 11 SCC 178
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weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/-
Judge
JJ
