Karnataka High Court
Ramesh And Ors vs Shivakumar Nashi on 3 July, 2024
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NC: 2024:KHC-K:4545
MFA No. 203069 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3 RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO. 203069 OF 2023 (MV-D)
BETWEEN:
1. RAMESH S/O NAGAPPA
AGE: 35 YEARS, OCC: LABOUR,
2. BHAGYALAXMI D/O RAMESH
AGE: 12 YEARS, OCC: STUDENT,
3. RAKSHITA D/O RAMESH
AGE: 10 YEARS, OCC: STUDENT,
4. PRASHANTH S/O RAMESH
AGE: 9 YEARS, OCC: STUDENT,
APPELLANT NO.2 TO 4 ARE MINORS,
Digitally signed by
SHIVALEELA UNDER GUARDIANSHIP OF CLAIMANT NO.1,
DATTATRAYA UDAGI THEIR FATHER,
Location: HIGH ALL ARE R/O. CHANGLER,
COURT OF
KARNATAKA TQ. CHITGUPPA,
DIST. BIDAR-585412.
...APPELLANTS
(BY SMT PATIL SHANTABAI SUBHASH, ADVOCATE)
AND:
1. MR. SHIVAKUMAR NASHI
S/O REVANSIDDAYYA NASHI
AGE: 54 YEARS, OCC: BUSINESS,
R/O. H.NO.4-10-371/131,
UDAGI ROAD NEAR LOINS CLUB,
-2-
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MFA No. 203069 of 2023
MAHATMA GANDHI NAGAR,
SEDAM, DIST. KALABURAGI-585 222.
2. TVS INSURANCE BROKING LIMITED
THROUGH ITS SERVICE BRANCH MANAGER,
DOOR NO.3 PLOT NO.40 MAHANT ARCADA NAGAR
CL,
KALABURAGI-585103.
...RESPONDENTS
(R2 IS SERVED;
VIDE ORDER DATED 02.04.2024 NOTICE TO R1 IS,
DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE JUDGEMENT AND
AWARD DATED 10.10.2022, PASSED BY THE ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, BIDAR AND MOTOR
ACCIDENT CLAIMS TRIBUNAL AT BIDAR IN MVC NO.495/2021
AND PLEASED TO ENHANCE THE COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimants in MVC.No.495/2021
on the file of the Addl. Senior Civil Judge & JMFC & MACT,
Bidar (hereinafter for short referred to as 'Tribunal')
against judgment and award passed in the said case dated
10.10.2022 claiming for enhancement of compensation.
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2. The parties will be referred to as per their ranks
before the Tribunal for sake of convenience.
3. Brief facts of the case are that on 24.08.2021
around 10:00 p.m. the deceased-Shantamma was waiting
for bus at Meenkera cross, to go to her village Changler.
At that time driver of lorry bearing Reg.No.KA-32/D-4549
drove the said vehicle in a rash and negligent manner and
dashed against deceased-Shantamma. As a result of
impact, the deceased sustained fatal injuries and died at
the spot.
4. It is further case of the claimants that she was
aged about 30 years and labour, earning Rs.400/- per day
and contributing to the family. The claimants are husband
and children. With these reasons they prayed to award
compensation of Rs.30,00,000/-.
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5. The respondents No.1 and 2 denied the
contentions of the claimants and prayed for dismissal of
the claim petition.
6. From the rival contentions of both the parties,
the Tribunal had framed the necessary issues for its
determination.
7. The claimants were examined PW.1 and got
marked Ex.P.1 to 7. The respondents have not led oral or
documentary evidence.
8. The Tribunal after hearing both the parties and
appreciating the evidence available on record had awarded
the following amount of compensation:-
Sl.No. Compensation heads Compensation
amount
1. Towards loss of dependency Rs.20,94,264/-
2. Towards loss of consortium Rs.40,000/-
3. Towards loss of Filial consortium Rs.1,20,000/-
4. Towards transportation of dead Rs.15,000/-
body, funeral and obsequies
ceremony expenses
Total Rs.22,69,264/-
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9. I have heard the arguments of learned counsel
for the appellant and there is no representation on behalf
of respondents.
10. The learned counsel for the claimants submits
that there were four dependents on the income of the
deceased. Therefore, the Tribunal ought to have deducted
1/4th of her income towards personal expenses. The
Tribunal could have assessed notional income as per the
chart prepared by the KSLSA and calculated the amount of
compensation. The compensation awarded on other heads
also on the lower side. Therefore, prayed to enhance the
same.
11. The fact of accident, the death of deceased due
to vehicle accident are not in dispute.
12. The Tribunal on appreciating the evidence,
accepted the age of the deceased as 30 years; her income
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as Rs.11,000/- per month, added 40% future prospects,
deducted 1/3rd and calculated amount of compensation
towards loss of dependency.
13. The claimants have contended that the
deceased was earning Rs.400/- per day. They were unable
to substantiate the same. Therefore, the Tribunal had
taken notional income of the deceased as Rs.11,000/- per
month. As per the chart prepared by the KSLSA, notional
income could be taken as Rs.14,250/-. 40% of her income
has to be added towards future prospects and 1/4th has to
be deducted towards personal expenses since she left
behind her four dependents. The suitable multiplier
applicable in this case is '17', as age of the deceased is
30 years. On the basis of said figures, the compensation
under the head loss of dependency is recalculated as
Rs.30,52,350/- (14,250/- + 40% x 12 x 17 x 1/4).
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14. The Tribunal had not awarded compensation
under the conventional head as per the law laid down in
the case of National Insurance Company Limited vs.
Pranay Shethi and others1 and Magma General
Insurance Company Limited vs. Nanu Ram Alias
Chuhru Ram and others2, which needs to be
recalculated. Accordingly, the compensation is recalculated
as under:-
Sl. Heads Compensation
No. Awarded by this
Court
1. Loss of dependency Rs.30,52,350/-
(14250+40%x12x17x1/4)
2. Loss of consortium Rs.1,76,000/-
3. Loss to estate Rs.16,500/-
4. Funeral expenses Rs.16,500/-
Total Rs.32,61,350/-
Amount awarded by the Tribunal Rs.22,69,264/-
Enhancement Rs.9,92,086/-
15. The claimants are entitled for enhancement of
Rs.9,92,086/- along with interest on the said amount at
(2017) 16 SCC 680
(2018) 18 SCC 130
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the rate of 6% per annum from the date of petition till its
realization.
16. Respondent No.2 is liable to pay the said
compensation with interest. Accordingly, above question
is answered partly in the affirmative and pass the
following;
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award passed by
the Addl. Senior Civil Judge & JMFC & MACT,
Bidar in MVC.No.495/2021 dated 10.10.2022
is modified;
a) The claimants are entitled for
enhancement of compensation of
Rs.9,92,086/- with interest on the
enhanced amount of compensation at
the rate of 6% per annum from the date
of petition till its realization.
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iii. The respondent No.2 - insurance company
shall deposit the said amount with interest
within a period of 02 months from the date of
receipt of copy of this order.
iv. The order pertaining to apportionment,
deposit and release etc., passed by the
Tribunal, is not disturbed.
v. The registry is directed to send a copy of this
judgment to the Tribunal.
Sd/-
JUDGE
SDU
CT:PK
