Karnataka High Court
Smt Deepali W/O Amol Kambale And Ors vs Rajendra S/O Birsing And Anr on 9 January, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2024:KHC-K:342-DB
MFA No.201133 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH 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.201133 OF 2021 (MV-D)
BETWEEN:
1. SMT. DEEPALI
W/O AMOL KAMBALE
AGE: 31 YEARS,
OCC: HOUSEHOLD WORK
AND COOLIE
2. ATHARVA
S/O AMOL KAMALE
AGE: 8 YEARS, OCC: NIL,
3. DHURVA @ ARYAN
S/O AMOL KAMBALE
Digitally signed by
SWETA KULKARNI AGE: 05 YEARS, OCC: NIL
Location: High
Court Of Karnataka
APPELLANTS NO.2 AND 3
ARE MINORS,
M/G BY APPELLANT NO.1
NATURAL MOTHER,
ALL R/O SECTOR 21 TURBHE,
MUMBAI - 05
NOW AT CIB COLONY
KALABURAGI - 585 103.
...APPELLANTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE)
-2-
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MFA No.201133 of 2021
AND:
1. RAJENDRA S/O BIRSING
AGE: MAJOR,
OCC: OWNER OF CONTAINER,
ITS BEARING NO. HR.38/V-9092
R/O. H.NO.188, WARD NO.25
DOULATABAD VILLAGE, FARIDABAD,
HARAYANA STATE - 121 002.
2. THE BRANCH MANAGER
NEW INDIA ASSURANCE CO. LTD.,
SANGAMESHWAR CROSS,
S.B. TEMPLE ROAD,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SMT. SHASHIKALA JAHAGIDAR, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH V/O. DATED 10.11.2021)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO CALL FOR RECORDS AND
MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED
19.02.2021 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE
AND M.A.C.T., KALABURAGI, IN M.V.C. NO.46/2018, IN THE
INTEREST OF JUSTICE AND EQUITY.
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.46/2018 on the file of the III Additional Senior Civil
Judge and MACT, Kalaburagi [for short, 'the Tribunal']. The
Tribunal, by the impugned judgment and award has granted
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a sum of `19,18,000/-1 along with interest at the rate of 6%
per annum from the date of petition till realization. The
compensation granted under different heads given in detail
in the following table:
Towards loss of love and affection `15,000.00
(5,000 x 3)
Towards loss of estate `15,000.00
Towards funeral expenses and `25,000.00
transportation charges
Loss of dependency `18,48,000.00
Loss of consortium `15,000.00
Total `19,18,000.00
2. The learned counsels for the parties are
categorical that there is no dispute that the appellants are
the wife and children of the Sri Amol Kambale, who has died
in a road traffic accident on 12.06.2017 when he was on his
motorcycle and that the second respondent - the Insurer of
the offending vehicle -does not dispute its liability. In fact,
Sri Basavaraj R. Math, the learned counsel for the
1 It has been erroneously shown as `19,03,000/- in the impugned
judgment.
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appellants, submits that the only ground on which the
appellants would seek enhancement in the compensation is
on the ground of loss of dependency.
3. Sri Basavaraj R. Math submits that the
appellants contend that Sri Amol Kambale was engaged in
the business of running a Cloth Centre, and that he had
filed the Income Tax Returns for the Assessment Years
2015-16 to 2017-18, but the Tribunal, without considering
the same, has taken the income of Sri Amol Kambale at
`11,000/- per month going by the schedule evolved for
settlement in Lok Adalath. The learned counsel submits
that in cases of accidents in the year 2017 income is taken
in a sum of `10,250/- and the Tribunal, because of this
amount, has taken the income of Sri Amol Kambale at
`11,000/-. Smt. Shashikala Jahagirdar, the learned counsel
for the second respondent, is heard in the light of this
grievance and the records are perused.
4. It cannot be disputed that the appellants have
exhibited Sri Amol Kambale's Income Tax Returns for the
three assessment years viz., 2015-16 to 2017-18 and these
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assessment returns have been filed in the month of May,
2016 i.e., much before the date of accident. The income of
Sri Amol Kambale per annum as per the latest ITR is in a
sum of `4,29,320/- after deduction of the income tax. This
income must necessarily be taken, and if the loss of
dependency is computed retaining the multiplier [15] and
deduction towards personal expenses [1/3rd] and with
addition of future prospects [40%], the enhancement in
compensation towards loss of dependency will be thus:
Computation of Loss of Dependency
Description By the Tribunal By this Court
Income
`11,000.00 `35,777.00
[`4,29,320/12]
Addition of such Income at
the rate 40% towards `4,400.00 `14,310.00
future prospects
Monthly Income with the
addition towards future `15,400.00 `50,087.00
prospects at 40%
Deduction of 1/3rd
`5,133.00 `16,696.00
towards personal expenses
Monthly income with
addition of future
prospects at 40% and `10,267.00 `33,391.00
1/3rd deduction towards
personal expenses
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Therefore, Annual Income `1,23,204.00 `4,00,692.00
Loss of Dependency `18,48,000.00 `60,10,380.00
Hence, the total compensation resulting in enhancement
would be as under:
The computation of enhancement:
Description By Tribunal By this Court
Loss of dependency `18,48,000.00 `60,10,380.00
Loss of estate `15,000.00 `15,000.00
Loss of love and
`15,000.00 `15,000.00
affection
Funeral expenses and
transportation `25,000.00 `25,000.00
charges
Loss of consortium `15,000.00 `15,000.00
Total `19,18,000.00 `60,80,380.00
Enhancement `41,62,380.00
Hence, the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award dated
19.02.2021 passed in MVC No.46/2018 on the
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file of the III Additional Senior Civil Judge and
MACT at Kalaburagi is modified granting the
enhanced compensation in a sum of
`41,62,380.00 with interest at the rate of 6%
per annum.
(iii) The Insurer shall deposit the said amount
within eight weeks from today on receipt of
certified copy of this judgment along with
interest at the rate of 6% per annum.
(iv) The apportionment and the disbursement as
directed by the Tribunal is not modified.
Sd/-
JUDGE
Sd/-
JUDGE
SWK
Ct;Vk
