Karnataka High Court

Sabera Bee And Ors vs Jaffarsha And Anr on 3 July, 2024

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                                                      NC: 2024:KHC-K:4516
                                                       MFA No. 203925 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. 203925 OF 2023 (MV-D)
                      BETWEEN:

                      1.   SMT. SABERA BEE W/O LATE MOINUDDIN
                           AGE: 51 YEARS, OCC: HOUSEHOLD,

                      2.   MD. HABEEB S/O LATE MOINUDDIN
                           AGE: 21 YEARS, OCC: STUDENT,

                      3.   ASHRAF BANU D/O LATE MOINUDDIN
                           AGE: 19 YEARS, OCC: STUDENT,

                           ALL ARE R/O H. NO. 798 BLOCK-3,
                           UPPER MOHALLA, KAMTHANA, TQ. BIDAR-585403.
Digitally signed by                                               ...APPELLANTS
SHIVALEELA
DATTATRAYA UDAGI      (BY SRI BASAVARAJ R MATH, ADVOCATE)
Location: HIGH
COURT OF              AND:
KARNATAKA

                      1.   JAFFARSHA S/O YAKUBSHA
                           AGE: MAJOR, OCC: (NOT KNOWN),
                           R/O VILLAGE NIRNA, TQ. CHITGUPPA,
                           DIST. BIDAR NOW AT MIRZAPUR,
                           (OWNER OF MOTOR CYCLE BEARING REGN.,
                           NO . KA.38/Y.1264)

                      2.   THE BRANCH MANAGER
                           CHOLAMANDALAM M S GENERAL INSURANCE,
                           COMPANY LTD., BRANCH OFFICE,
                           1ST FLOOR, KALABURAGI SQUARE,
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                                  NC: 2024:KHC-K:4516
                                   MFA No. 203925 of 2023




    DESHPANDE NAGAR,
    HUBBALLI -580029.
                                        ...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
 VIDE ORDER DATED 26.03.2024 NOTICE TO R1 IS,
 DISPENSED WITH)

     THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
CALL FOR RECORDS AND ENHANCED THE AWARD AMOUNT BY
MODIFYING THE IMPUGNED JUDGEMENT AND AWARD DATED
16.09.2023 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC AND MACT, BIDAR IN MVC NO.270/2022 .

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

This appeal is by the claimants in MVC.No.270/2022

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

16.09.2023, claiming for enhancement of compensation.

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, deceased-

Moinuddin met with an accident on 13.02.2022 around

8:30 p.m. near Patel Function Hall, Kamthana village, due

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to rash and negligent riding of motorcycle bearing

Reg.No.KA-38/Y-1264 by its rider. As a result of impact,

the deceased sustained fatal injuries. He was admitted as

an inpatient in the Hospital and while undergoing he

succumbed to the injuries on 18.02.2022.

4. It is further case of the claimants that deceased

was aged about 55 years; He was agriculturist and earning

Rs.30,000/- per month; The claimants being his wife and

children of the deceased, were dependent upon his

earnings. With these reasons, they claimed to award

compensation of Rs.33,10,000/-

5. The respondents No.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.

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7. The claimants were examined PW.1 and got

marked Ex.P.1 to P16. The respondents have not led any

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. Compensation heads Compensation No amount

1. Towards loss of dependency Rs.9,50,400/-

2. Towards loss of consortium Rs.40,000/-

3. Towards loss of filial consortium Rs.50,000/-

4. Towards transportation of dead Rs.15,000/-

body, funeral and obsequies ceremony expenses

5. Medical bills Rs.73,138/-

6. Food and nourishment, Rs.10,000/-

conveyance and attendant charges Total Rs.11,38,138/-

9. I have heard the arguments of learned counsel

for both the parties.

10. The learned counsel for the claimants submits

that the Tribunal has taken income at Rs.12,000/- per

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month, which is on lower side. Even if the Tribunal has

not accepted the income as stated by the claimants,

atlreast it could have considered the income as per the

chart prepared by the KSLSA to assess the compensation.

As per the Chart, the income could be taken as

Rs.14,750/- per month. He has further submitted that the

amount of compensation awarded under other heads also

on the lower side. Hence, prayed for enhancement of

compensation.

11. The learned counsel for respondent No.2

supported the impugned judgment and award of the

Tribunal and submitted that there is no need to interfere in

the said findings. Hence, prayed for dismissal of the

appeal.

12. The following question arise for my

determination

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"Whether the claimants are entitled

for enhancement of compensation?

13. There is no serious dispute regarding fact of

accident and that the death of Moinuddin was due to

vehicle accident. Hence no need to interference.

14. According to the claimants, the deceased was

earning Rs.13,000/- per month. However, there is no

reliable evidence to prove the same. The Tribunal has

considered notional income as Rs.12,000/- per month. As

rightly submitted by the learned counsel for the

appellants, if the Tribunal had taken notional income as

per the Chart prepared by the KSLSA, then appropriate

income would be Rs.14,750/- per month and same is

taken. The Tribunal has added 10% future prospects and

deducted 1/3rd towards personal expenses and applied

multiplier as '9' since age of the deceased was 60 years.

The said factors are proper. On the basis of the said

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figures, the amount of compensation under the loss of

dependency is recalculated.

15. As per the law laid down in the case of Magma

General Insurance Company Limited vs. Nanu Ram

Alias Chuhru Ram and others 1, the claimants are

entitled for compensation under the conventional heads.

Accordingly, the compensation is recalculated as under:-

      Sl.               Heads                Compensation
      No.                                   Awarded by this
                                                 Court
       1. Loss of dependency                 Rs.11,68,200/-
          (14750+10%x12x9x1/3rd)
       2. Loss of consortium                 Rs.1,20,000/-
       3. Loss of estate                       Rs.16,500/-
       4. Funeral expenses                     Rs.16,500/-
       5. Medical and incidental expenses      Rs.83,000/-
                                     Total Rs.14,04,200/-

Amount awarded by the Tribunal Rs.11,38,138/-

Enhancement Rs.2,66,062/-

16. The claimants are entitled for enhancement of

Rs.2,66,062/- along with interest on the said amount at

(2018) 18 SCC 130

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the rate of 6% per annum from the date of petition till its

realization.

17. It is not in dispute that the respondent No.2 is

liable to pay the compensation. Accordingly, I answer the

above question partly in the affirmative and pass the

following;