Karnataka High Court
Smt.Kashibai vs Smt.Suvarna on 10 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:580
MFA No. 102436 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102436 OF 2016 (MV-D)
BETWEEN:
1. SMT.KASHIBAI
W/O. CHANABASU @ CHANABASAPPA SUKALI,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
2. KUMAR SANTOSH
S/O. CHANABASU @ CHANABASAPPA SUKALI,
AGE: 18 YEARS, OCC: STUDENT,
k
3. SMT.GANGAWWA
W/O. BHIMAPPA SUKALI,
AGE: 68 YEARS, OCC: NIL,
ALL ARE R/O: CHIKKALAKI VILLAGE,
TQ: JAMAKHANDI, DIST: BAGALKOTE.
...APPELLANTS
(BY SRI. PRASHANT S.KADADEVAR, ADVOCATE;
APPT.NO.3 DIED A1, A2 AND A4 ARE LR'S OF APPT. NO.3)
AND:
1. SMT.SUVARNA
W/O. MALLAPPA YALLADAGI,
AGE: 38 YEARS, OCC: AGRICULTURE,
2. SHANMUKHARUDH
S/O MALLAPPA YALLADAGI,
AGE: 23 YEARS, OCC: AGRICULTURE,
Digitally
signed by
SAROJA BOTH R/O: KANAMADI (TOTADMANE),
SAROJA HANGARAKI
HANGARAKI Date: TAL: VIJAYAPUR, DIST: VIJAYAPURA.
2024.01.25
11:45:21
+0530 3. SHRIRAM GENERAL INSURANCE CO. LTD.,
# 302, S AND S BUILDING, CORNER PLOT NO.48,
FLOOR, OPP. BOWRING LADY CARGEON HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R3;
R1 - R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED
20.11.2015 PASSED IN MVC NO.243/2013 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT
JAMAKHANDI AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XI,
JAMAKHANDI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 102436 of 2016
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for orders, with the
consent of the parties, matter is taken up for final
disposal.
2. Claimants appeal seeking enhancement of
compensation in respect of the judgment and award
passed in MVC No.243/2013 dated 20.11.2015 on the file
of Addl. MACT, Jamakhandi.
3. The facts in brief which are utmost necessary for
disposal of the appeal are as under:
3.1 In respect of road traffic accident that occurred on
11.12.2012 at about 7 p.m. wherein Channabasu @
Channabasappa Sukali who was the rider of a bicycle lost
life involving Bolero jeep bearing No.KA-28/N-437.
Dependants of Channabasappa have filed claim petition.
3.2 Claim petition was resisted by filing necessary
written statement. The tribunal after raising necessary
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issues and recording evidence of the claimants and relying
on the documents, which are produced and exhibited by
the parties, allowed the claim petition in part by granting
compensation in a sum Rs.8,16,000/- with interest at 6%
per annum.
4. Being aggrieved by the same, the claimants are in
appeal.
5. Sri.Prashanth Kadadevar, learned counsel appearing
for the appellants vehemently contended that the award of
the compensation by the trial court is improper inasmuch
as proper monthly income has not been taken into
consideration by tribunal and for the accidental death of
the year 2012, monthly income ought to have been
assessed at a sum of Rs.6,500/- per month and on the
ground of filial affection also there is no proper
compensation awarded and therefore, sought for allowing
the appeal.
6. Per contra, learned counsel Sri.Mallikarjuna Madanalli
representing Sri. Nagaraj C. Kollori supported the
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impugned judgment contending that proper compensation
has been awarded by the tribunal taking note of principles
of law that were governing the appeal for granting
compensation at the time of passing of the award and
sought for dismissal of the appeal.
7. In view of the rival contentions of the parties, this
court has perused the material available on record
meticulously.
8. On such perusal of the material available on record,
it is crystal clear that the rider of the bicycle Chanabasu
@Chanabasappa lost his life in the road traffic accident
involving Bolero jeep bearing No.KA-28/N-437. Police have
filed charge sheet against the driver of Bolero jeep and
material available on record would go to show that
claimants were unable to produce before the court proper
proof of compensation. Taking note of the same, the
tribunal adjudged the compensation by taking notional
income.
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9. However, for the accidental death of the year 2012,
this court consistently assess the monthly income
notionally at Rs.6,500/- per month.
10. Therefore, necessity arisen for reassessment of the
compensation by computing the monthly income in a sum
of Rs.6,500/- p.m.
11. Further, on the ground of filial affection, by following
the dictum of Hon'ble Apex Court in the case of United
India Insurance Company Limited vs. Satinder Kaur
alias Satwinder Kaur and Others reported in AIR 2020
SC 3076 and Magma General Insurance Company
Limited vs. Nanu Ram and Others reported in 2018
ACJ 2782, claimants would be entitled for a sum of
Rs.1,60,000/-.
12. Therefore, the quantum of compensation is
reassessed as under:
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Sl.No. Name of heads Amount(Rs.)
1 Loss of dependency 10,23,792-00
(6500+1625(25% of 6500)=
8125-2031(1/4)=6094X12x14)
2 Towards love and affection 1,60,000-00
3 Funeral expenses 15,000-00
4 Towards loss of Estate 15,000-00
Total 12,13,792-00
13. Accordingly, the following:
ORDER
i) Appeal is allowed.
ii) The claimants are entitled for
Rs. 12,13,792-00 as against Rs.8,16,000/- as
awarded by tribunal with interest at 6% per
annum.
iii) Insurance company is granted with four
weeks' time to deposit the balance sum of
compensation.
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iv) Apportionment of enhanced
compensation is as per memo given by the
claimants.
v) Ordered accordingly.
Sd/-
JUDGE
HMB
