Karnataka High Court
United India Insurance Co. Ltd vs Smt. Asha W/O. Krishna Pattar on 10 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:636
MFA No. 103260 of 2023
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.103260 OF 2023 (MV-D)
BETWEEN:
UNITED INDIA INSURANCE CO. LTD.,
THE DIVISIONAL MANAGER,
STATION ROAD, HOSPETH,
TQ. HOSPETH, DIST. BALLARI.
REPRESENTED BY DIVISIONAL MANAGER.
...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
AND:
1. SMT. ASHA W/O. KRISHNA PATTAR,
AGE. 37 YEARS, OCC. HOUSEHOLD,
2. CHANDRASHEKAR S/O. KRISHNA PATTAR,
AGED ABOUT 14 YEARS, MINOR,
SAROJA
HANGARAKI
3. KARTIKA S/O. KRISHNA PATTAR,
Digitally signed by
SAROJA HANGARAKI
Date: 2024.01.25
11:47:57 +0530
AGED ABOUT 11 YEARS, MINOR,
4. KHUSHI D/O. KRISHNA PATTAR,
AGED ABOUT 8 YEARS, MINOR,
THE RESPONDENTS NO.2 TO 4 ARE
MINORS REPRESENTED BY U/G OF THEIR
NATURAL MOTHER RESPONDENT NO.1
HEREIN SMT. ASHA
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NC: 2024:KHC-D:636
MFA No. 103260 of 2023
ALL ARE R/O. WARD NO.20, DAMBAR ONI,
KUSHTAGI, TQ. KUSHTAGI, DIST. KOPPAL,
PIN CODE-583277.
5. ACHAR KHAN S/O. PALI KHAN,
AGE. MAJOR, OCC. DRIVER OF LORRY
R/O. SALARIYA THE CHOUTAN,
CHOUTAN, BARMER,
C/O. AKABAR KHAN S/O. MISHREE KHAN
CHHATRAL KALOL, GANDINAGAR,
GUJARATH STATE, PIN CODE-380000.
6. AKBAR KHAN S/O. MISHREE KHAN,
AGE. MAJOR, OCC. OWNER OF LORRY
R/O. CHHATRAL KALOL, GANDINAGAR,
GUJARATH STATE, PIN CODE-380000
...RESPONDENTS
(BY SRI. H.M. DHARIGOND, ADVOCATE FOR R1;
R2 -R4 ARE MINORS REP. BY R1;
R5-R6 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 04.11.2022 PASSED IN MVC
NO.257/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MOTOR ACCIDENT CLAIMS TRIBUNAL, KUSHTAGI AWARDING
COMPENSATION OF Rs.49,75,000/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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NC: 2024:KHC-D:636
MFA No. 103260 of 2023
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Smt. Preeti Shashank, learned counsel for
the appellant-Insurance Company and Shri. H. M. Dharigond,
learned counsel for respondents.
3. In respect of road traffic accident occurred on
11.07.2019 wherein Krishna Pattar having died and his
dependence have filed a claim petition in MVC No.257/2019
before the Senior Civil Judge and MACT, Kushtagi.
4. On contest, the said claim petition came to be
allowed by the Tribunal by judgment and award dated
04.11.2022.
5. Being aggrieved by the same, the Insurance
Company is in appeal.
6. Reiterating the grounds urged in the appeal
memorandum, Smt. Preeti Shashank, learned counsel for the
appellant-Insurance Company contended that the deceased
being aged about 40 years 1 month, the Tribunal has taken the
NC: 2024:KHC-D:636
future prospects at 50% and it should have been at 30% as per
the judgment of the Hon'ble Apex Court in the case of National
Insurance Company Limited Vs. Pranay Sethi and others
reported in AIR 2017 SCC 5157.
7. Therefore according to her, the compensation
awarded by the Tribunal needs re-assessment.
8. Shri. H. M. Dharigond, learned counsel for
respondents however contended that the future prospects is to
be taken at 40%.
9. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
10. On such perusal of the material on record, there is
no dispute that the deceased was aged 40 years 1 month.
Therefore, in respect of future prospects the Tribunal was
bound to consider the future prospects at 30% on the head of
loss of dependency as per the dictum of Hon'ble Apex Court in
the case of Pranay Sethi (supra).
11. Therefore, on the head of loss of dependency re-
computation of monthly income is to be made and quantum of
compensation is re-assessed as under:
NC: 2024:KHC-D:636
1 Loss of dependency 42,12,000/-
[24,000/- + 7,200/- (30%)]
(31,200X12X15X3/4
2 Loss of consortium 1,60,000/-
3 Loss of estate 15,000/-
4 Funeral expenses 15,000/-
Total Rs. 44,02,000/-
12. Hence, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against a sum of Rs.49,75,000/-, the
claimants are entitled to a sum of Rs.44,02,000/-
with interest at the rate of 6% per annum.
(iii) Office is directed to pass the modified
award.
(iv) The amount in deposit is ordered to be
transmitted to the Tribunal for disbursement in
accordance with law.
Sd/-
JUDGE
