Karnataka High Court
Rajba Manhgala And Ors vs Krushna Birajdar And Anr on 3 July, 2024
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MFA No. 203539 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. 203539 OF 2023 (MV-D)
BETWEEN:
1. SMT. RAJBA MANGALA
W/O LATE RAJBA GNANESHWAR,
AGED ABOUT: 32 YEARS, OCC: HOUSEHOLD,
2. RAJBA MEDHA
D/O LATE RAJBA GNANESHWAR,
AGED ABOUT: 9 YEARS, MINOR,
U/G OF HER MOTHER APPELLANT NO.1
3. SHRADHA S/O LATE RAJBA GNANESHWAR,
Digitally signed by AGED ABOUT: 6 YEARS MINOR,
SHIVALEELA
DATTATRAYA UDAGI U/G OF HER MOTHER APPELLANT NO.1
Location: HIGH
COURT OF 4. RAJBA GEETHA BAI W/O RAJBA RAJARAM,
KARNATAKA
AGED ABOUT: 60 YEARS, OCC: HOUSEHOLD,
5. RAJBA RAJARAM S/O RAJBA RAMCHANDER RAO,
AGED ABOUT: 70 YEARS, OCC: NIL,
ALL ARE R/O. KARMUNGI VILLAGE,
MANDAL NYALKAL, DIST. MEDAK (T S).
...APPELLANTS
(BY SMT. VAISHNAVI CHANDA, ADVOCATE FOR
SMT. VEERANI V. NANDI, ADVOCATE)
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MFA No. 203539 of 2023
AND:
1. KRUSHNA BIRAJDAR S/O VIBHADRA,
AGE: MAJOR, OCC: BUSINESS,
R/O MAJGE NAGAR LATUR (MH).
2. M/S BHARATI AXA GENERAL INSURANCE,
COMPANY LIMITED, 5TH FLOOR,
LEO COMPLEX,
45/1 RESIDENCY ROAD,
FIRST CROSS ,
SHANTLA NAGAR,
BENGLURU-560025
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;
VIDE ORDER DATED 27.03.2024 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) CALL FOR THE RECORDS IN MVC NO.569/2021 ON THE FILE
OF ADDITIONAL SENIOR CIVIL JUDGE AND MACT AT BIDAR. B)
MODIFY THE JUDGMENT AND AWARD DATED 10.04.2023
PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT
AT BIDAR BY ALLOWING THE PRESENT APPEAL. C) PASS SUCH
OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT TO
GRANT IN THE CIRCUMSTANCES OF THE CASE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 203539 of 2023
JUDGMENT
This appeal is by the claimants in MVC.No.569/2021
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
10.04.2023, claiming for enhancement of compensation.
2. With consent of both the side, the matter is
taken up for final disposal, though it is slated for
admission.
3. The parties will be referred to as per their ranks
before the Tribunal for sake of convenience.
4. Brief facts of the case are that on 01.11.2020
deceased-Rajba Gnaneshwar along with one Kupendra
Gouli were going on the motorcycle bearing Reg.No.AP-
23/AD-0758. The deceased was riding the motorcycle and
Kupendra was the pillion rider; at Daddapur cross, they
met with an accident due to rash and negligent driving of
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Car bearing Reg.No.MH-26/AL-2321 by its driver. As a
result of which, deceased-Rajba sustained fatal injuries
and while undergoing treatment, he succumbed to the
injuries.
5. The deceased was aged about 35 years and he
was an agriculturist and earning Rs.21,000/- per month.
Due to sudden death of deceased, claimants are wife,
children and parents of deceased and were depending
upon the earnings of deceased. With these reasons,
prayed to award compensation of Rs.32,94,000/-.
6. The respondent No.2 denied the contents of the
claim petition and prayed for dismissal of the claim
petition.
7. From the rival contentions of the parties, the
Tribunal had framed the necessary issues for its
determination.
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8. The claimants were examined PW.1 and got
marked Exs.P.1 to 7. The respondents have not led any
oral or documentary evidence.
9. The Tribunal after hearing both the parties and
appreciating the evidence available on record, had
awarded the following amount of compensation:-
Sl. Compensation heads Amount
No
1. Towards loss of dependency Rs.20,16,000/-
2. Towards loss of consortium Rs.40,000/-
3. Towards loss of Filial Rs.1,60,000/-
consortium
4. Towards transportation of Rs.15,000/-
dead body, funeral and
obsequies ceremony
expenses
Total Rs.22,31,000/-
10. I have heard the arguments of learned counsel
for both the parties.
11. The learned counsel for the claimants submits
that the Tribunal has not considered the income of the
deceased properly. The amount of compensation awarded
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on all the heads are on the lower side. Hence, prayed for
enhancement of compensation.
12. The learned counsel for the respondent No.2
supported the impugned judgment and award of the
Tribunal and submitted that there are no reasons to
interfere in the said findings.
13. The following question arise for my
determination;
"Whether the claimants are entitled
for enhancement of compensation?
14. The fact of accident and death of Rajba due to
vehicle accident is not in dispute. The Tribunal has
accepted the age of the deceased as 35 years; and
assessed income as Rs.10,000/- per month; added 40% of
his income towards future prospects and applied multiplier
is '16' and on that basis awarded the compensation.
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15. Though the claimants have stated in the
evidence that the deceased was earning Rs.21,000/- per
month, but there are no reliable materials to prove the
same. Therefore, the Tribunal has taken notional income.
As per the Chart prepared by the KSLSA, the income of
the deceased could be taken as Rs.13,750/- per month.
40% of the income has to be added towards future
prospects. The deceased leaving behind him five
dependents. Therefore, 1/4th of his income shall be
deducted towards his personal expenses. On the basis of
said figures, the compensation under the head loss of
dependency is reassessed.
16. The Tribunal has awarded just compensation
towards loss of consortium though it had awarded under
two heads i.e. loss of consortium and towards love and
affection; the Tribunal has awarded lesser amount of
compensation towards funeral expenses and no amount of
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compensation is awarded towards loss of estate.
Considering all these facts, the following amount of
compensation is awarded.
Sl. Heads Amount
No
1. Loss of dependency Rs.27,72,000/-
(13,750/-+40%x12x16x1/4th)
2. Loss of consortium Rs.2,00,000/-
3. Funeral expenses Rs.16,500/-
4. Loss of estate Rs.16,500/-
Total Rs.30,05,000/-
Amount awarded by the Tribunal Rs.22,31,000/-
Enhancement Rs.7,74,000/-
17. The claimants are entitled for enhancement of
Rs.7,74,000/- along with interest on the said amount at
the rate of 6% per annum from the date of petition till its
realization.
18. For the aforesaid discussion, I answered the
above question partly in the Affirmative and I pass the
following;
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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.569/2021 dated 10.04.2023
is modified;
a) The claimants are entitled for
enhancement of compensation of
Rs.7,74,000/- with interest on the
enhanced amount of compensation at
the rate of 6% per annum from the date
of petition till its realization.
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.
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iv. The order of the Tribunal pertaining to
apportionment, deposit and release etc., are
not disturbed.
v. The registry is directed to send a copy of this
judgment.
Sd/-
JUDGE
SDU
CT:PK
