Karnataka High Court
H Monika W/O Late Darshan Kalal D/O ... vs Sanjay Phulari S/O Vishwanath And Anr on 10 January, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
-1-
NC: 2024:KHC-K:420-DB
MFA No.200649 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH 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.200649 OF 2021 (MV-D)
BETWEEN:
1. H.MONIKA
W/O LATE DARSHAN KALAL
D/O JAGADESHWAR HIGOLEKAR
AGE: 23 YEARS, OCC: HOUSEHOLD
2. VASANTH S/O VITHALRAO KALAL
AGE: 58 YEARS, OCC: COOLIE
3. RANI BAI W/O VASANTH KALAL
AGE: 51 YEARS, OCC: HOUSEHOLD
Digitally signed 4. ARTI D/O VASANTH KALAL
by SWETA AGE: 20 YEARS, (DISABLED 80%)
KULKARNI
Location: HIGH
COURT OF
KARNATAKA ALL ARE R/O VILLAGE BELKUNI (CH)
TQ: AURAD-B, DIST: BIDAR.
...APPELLANTS
(BY SRI SANTOSH BIRADAR, ADVOCATE)
AND:
1. SANJAY PHULARI
S/O VISHWANATH
AGE: 51 YEARS, OCC: BUSINESS
R/O NEW ADARSH COLONY
NEAR COMMUNITY HALL
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NC: 2024:KHC-K:420-DB
MFA No.200649 of 2021
TQ: LATUR, DIST: LATUR (MH) - 513 510.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
BRANCH OFFICE, BASAVA SHREE
COMPLEX, NO.8-10-268 TO 273
1ST FLOOR, BIDAR, DIST: BIDAR - 585 401.
...RESPONDENTS
(BY SMT. ANURADHA M. DESAI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH V/O DATED 03.12.2021)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL,
MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED
21.01.2019 PASSED BY THE COURT OF SENIOR CIVIL JUDGE
AND JMFC AND M.A.C.T., AURAD-B IN M.V.C. NO.225/2017,
AND ENHANCE THE COMPENSATION AS PRAYED FOR, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
DR. CHILLAKUR SUMALATHA J., DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is filed by the claimants in MVC
No.225/2017 on the file of the MACT, Aurad-B [for short,
'the Tribunal'] impugning the Tribunal's judgment and award
dated 21.01.2019, whereby the Tribunal has awarded a total
sum of Rs.13,72,400/- as against claim of Rs.59,10,000/-.
The compensation granted by the Tribunal under various
heads, is as under:
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1. Loss of dependency Rs.11,42,400/-
2. Loss of Estate Rs.15,000/-
3. Loss of consortium Rs.2,00,000/-
4. Funeral expenses Rs.15,000/-
Total Rs.13,72,400/-
2. Heard Sri Santosh Biradar, the learned counsel
for the appellants, and Smt. Anuradha M. Desai, the learned
counsel for the respondent No.2 - Insurance Company.
3. Making his submission with regard merits of the
matter, the learned counsel for the appellants contends that
the Sri Darshan [deceased] was working as Designer at
Sangitha Designer Studio, Hyderabad, and he was earning
Rs.15,000/- per month and contributing the same to his
family. The learned counsel states that the appellants
besides examining Sri Konikor Raju [P.W-2] under whom the
deceased was employed also produced Ex.P-17 and P-18
[Salary Certificates] which establish the occupation and
income of the deceased. The learned counsel submits that
without considering the said positive evidence, the Tribunal
has taken the notional income of Sri Darshan
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as Rs.6,000/- per month and awarded compensation, which
resulted in huge loss to the appellants. The learned counsel
thereby seeks to consider the evidence of P.W-2 and also
Ex.P.17 and P-18 and to award compensation, which the
appellants are entitled to.
4. Per contra, the learned counsel for respondent
No.2 - Insurer submits that the Tribunal expressing its
opinion that the evidence of P.W-2 cannot be relied upon,
has taken the income of Sri Darshan as Rs.6,000/- per
month and after taking into consideration the other factors
has awarded a total sum of Rs.13,72,400/- as
compensation, which is highly justifiable. The learned
counsel submits that PW-2 is not the owner of the Sangitha
Designer Studio, Hyderabad in which Sri Darshan was
alleged to have been working and further no GST number or
other authentic documents were produced before the
Tribunal to believe that PW-2 was associated with the
alleged Studio and this type of evidence cannot be taken into
consideration.
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5. Disbelieving the credibility of the evidence of
PW-2 and the related documents, the Tribunal expressed its
opinion at para No.13 of its judgment that PW-2 did not
chose to produce the relevant Registers with regard to
maintenance of said establishment. Yet the fact that has to
be taken into consideration is that Sri Darshan was an
Artist and Designer. Therefore, the Tribunal ought not to
have taken the income of the deceased as Rs.6,000/- per
month which figure will not even be taken for those who
were in occupation as Labourers or Coolies.
6. Therefore, having considered the occupation of
Sri Darshan, this Court is of the view that the notional
income of Sri Darshan ought to have been taken to be
Rs.10,000/- per month. In case, such amount is taken to
be the income of Sri Darshan and having regard to the age of
the deceased, 40% of the future prospects is added, the
figure that would be arrived would be Rs.14,000/- and thus
his annual income would be Rs.1,68,000/-. The deduction
of 1/4th to be the expenses which Sri Darshan would have
incurred for himself had he been alive, the amount which
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Sri Darshan would have spent annually towards the welfare
of the appellants comes to Rs.1,26,000/-. As per Aadhaar
Card [Ex.P.14], the deceased Darshan was born in the year
1991. Therefore, taking into consideration the same, the
applicable multiplier is 17 and if the said multiplier is
applied, the loss of dependency come to Rs.21,42,000/-.
Thus, the enhancement under the head of loss of
dependency would be Rs.9,99,600/- retaining all other
parameters as applied by the Tribunal. In which event, the
computation of enhancement will be thus:
By Tribunal By this Court
Description
Loss of dependency Rs.11,42,400.00 Rs.21,42,000.00
Loss of estate Rs.15,000.00 Rs.15,000.00
Loss of consortium Rs.2,00,000.00 Rs.2,00,000.00
Transportation and
funeral expenses/ Rs.15,000.00 Rs.15,000.00
Conventional Heads
Total Rs.13,72,400.00 Rs.23,72,000.00
Enhancement Rs.9,99,600.00
7. Having regard to the relationship of the
Sri Darshan with the appellants more particularly, taking
into consideration the fact that the 4th appellant who is the
sister of the Sri Darshan is differently abled by 80%, this
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Court considered it is desirable to apportion the 40% out of
the enhanced compensation towards Sri Darshan's wife i.e.,
the 1st appellant, 40% towards his sister i.e., 4th appellant
and 10% each towards 2nd and 3rd appellant, who are the
parents of Sri Darshan. The enhanced amount carries
interest @ 6% per annum.
For the foregoing, the following:
ORDER
[i] The appeal is allowed modifying the impugned
judgment and award and grating an
enhanced compensation of Rs.9,99,600/-.
[ii] The second respondent - Insurer shall deposit
the enhanced compensation within a period of
eight [8] weeks from the date of receipt of a
certified copy of this judgment.
Sd/-
JUDGE
Sd/-
JUDGE
BL
Ct;Vk
