Karnataka High Court
Mr Basha S vs Mr Akram Baig on 29 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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MFA No. 1282 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.1282 OF 2021(MV-D)
BETWEEN:
1. MR. BASHA S.,
S/O. LATE SYED IBRAHIMSAB,
AGED ABOUT 60 YEARS, R/AT NO.191,
FILATURE QUARTERS,
SIDDLAGHATTA TOWN,
CHIKKABALLAPUR DIST.
2. SMT. MAHABUBI,
W/O BASHA S.,
AGED ABOUT 50 YEARS, R/AT NO.191,
FILATURE QUARTERS,
SIDDLAGHATTA TOWN,
CHIKKABALLAPUR DIST.
3. SMT. HAJIRA,
W/O. LATE CHANDA PASHA,
AGED ABOUT 30 YEARS, R/AT NO.191,
Digitally FILATURE QUARTERS,
signed by B SIDDLAGHATTA TOWN,
LAVANYA
CHIKKABALLAPUR DIST.
Location:
HIGH 4. MASTER REYAN,
COURT OF S/O LATE CHANDA PASHA,
KARNATAKA
AGED ABOUT 8 YEARS, MINOR,
REPRESENTED BY THEIR MOTHER AND NATURAL,
GUARDIAN PETITIONER NO.3,
R/AT NO.191, FILATURE QUARTERS,
SIDDLAGHATTA TOWN,
CHIKKABALLAPUR DIST.
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MFA No. 1282 of 2021
5. BABY CHANDINI,
D/O LATE CHANDA PASHA,
AGED ABOUT 6 YEARS, MINOR,
REPRESENTED BY THEIR MOTHER AND NATURAL,
GUARDIAN PETITIONER NO.3,
R/AT NO.191, FILATURE QUARTERS,
SIDDLAGHATTA TOWN,
CHIKKABALLAPUR DIST.
6. KUM. SULTHANA,
D/O. LATE CHANDA PASHA,
AGED ABOUT 4 YEARS, MINOR,
REPRESENTED BY THEIR MOTHER AND NATURAL,
GUARDIAN PETITIONER NO.3,
R/AT NO.191, FILATURE QUARTERS,
SIDDLAGHATTA TOWN,
CHIKKABALLAPUR DIST.
...APPELLANTS
(BY SRI. HARISH BABU K N.,ADVOCATE)
AND:
1. MR. AKRAM BAIG,
S/O. SHAMSHEER BAIG,
NO.59 KACHAHALLI VILLAGE,
CHINTAMANI TALUQ,
CHIKKABALLAPUR DISTRICT,
(R C OWNER OF THE TEMPO BEG. REG NO. KA-38-
0916)
2. THE REGIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
REGIONAL OFFICE,
5TH AND 6TH FLOOR KRUSHI BHAVAN,
NO.18 NRUPATUNGA ROAD,
HUDSON CIRCLE BANGALORE-1,
(I.P NO.0715023114P100345137 VALID FROM 14-
04-2014 TO 13-04-2015)
...RESPONDENTS
(BY SMT. MANJULA N. TEJASWI., ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 17.08.2019, PASSED IN MVC
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MFA No. 1282 of 2021
NO.4738/2016, ON THE FILE OF THE II-ADDITIONAL JUDGE
AND XXVIII ACMM., COURT OF SMALL CAUSES, BENGALURU
(SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the claimants challenging
the judgment and award dated 17.08.2019 passed by the
Court of Motor Accident Claims Tribunal, (SCCH-13)
Bangalore in MVC No.4738/2016. This appeal is founded
on the premise of inadequacy of compensation. Hence, the
appellant seeks enhancement of compensation.
2. Parties to the appeal shall be referred to as per
their status before the Tribunal.
3. Brief facts of the case are as under;
It is the case of petitioners that on 05.01.2015 at
about 8:30 p.m., one Sri.Chand Pasha who was a pillion
rider was traveling on the Motor cycle bearing reg.No.KA-
04-HG-4979 along with the rider in front of APMC Market,
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Chellur road, Chintamani Town, during which time driver
of the Tempo bearing reg.No.KA-38-0916 came in a high
speed and in a rash and negligent manner, dashed against
the Motor cycle, in which Sri.Chand Pasha was a pillion
rider. Due to the impact of accident the rider as well as
the pillion rider fell down and the Tempo ran over on both
the legs of Sri.Chand Pasha. He was immediately shifted
to General Hospital, Chintamani, wherein he was given the
first aid treatment and thereafter shifted to R.L. Jalappa
Hospital, Kolar. The legs were amputated as per the
advice of the doctor and later was shifted to St. John's
Hospital, Bangalore, but despite the best treatment, he
succumbed to injuries.
3.1. The claimants who are the dependents of
deceased Sri.Chand Pasha preferred a claim petition
seeking compensation. The deceased was aged about 28
years old working as a coolie earning Rs.15,000/- per
month. The claimants are dependant on the income of
deceased.
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3.2. Due to the sudden and tragic death, they have
lost financial support so also emotional support. Hence,
they filed the claim petition seeking compensation.
3.3. Respondent No.1 despite service of notice, did
not appear and he was placed ex-parte. The respondent
No.2 - Insurance Company filed statement of objections
denying the claim made by the claimant. Hence, sought
for dismissal of the claim petition.
3.4. On the basis of pleadings, the tribunal framed
relevant issues for consideration.
3.5. In order to substantiate the issues and to
establish the case, the claimants got examined as PW.1
and PW.2 and got marked documents as Exs.P1 to P16.
On the other hand, respondents did not adduce evidence.
3.6. On the basis of material evidence, both oral and
documentary the tribunal awarded total compensation of
Rs.13,39,000/- with interest at 6% per annum from the
date of petition till deposit and fastened the liability on
respondent No.2 - Insurance Company directing it to
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deposit the compensation within three months from the
date of award and apportion compensation as per the
award.
3.7. Being aggrieved by the meager compensation
awarded by the tribunal, the claimant is before this Court
challenging the impugned judgment and award, seeking
enhancement.
4. The main contention of the learned counsel for the
appellants-claimants is that the judgment and award
passed by the tribunal is erroneous. The amount awarded
towards loss of consortium is on the lower side so also
future prospectus are not awarded by the tribunal. On
these grounds, he seeks enhancement of the
compensation.
5. Per contra, learned counsel for respondent-
Insurance Company submits that the tribunal has rightly
awarded just and reasonable compensation, which does
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not call for interference. Therefore, on these grounds, he
seeks to dismiss the appeal.
6. It is stated that the claimant was aged 28 years
as on the date of occurrence of accident. The tribunal has
rightly applied the multiplier at '17', which does not call for
interference. The income taken by the tribunal is
Rs.3,000/- per month whereas the Legal Services
Authority Chart for the year 2015 prescribes Rs.9,000/-
per month.
7. Towards future prospects compensation is not
granted. In view of the deceased aged 28 as on the
occurrence of accident, future prospects would have to be
awarded at 40% in addition is to be added to the income
of Rs.9,000/-.
8. The deduction personal and living expenses is
correctly taken and same is retained.
9. The tribunal has awarded Rs.12,24,000/-towards
loss of dependency. I deem it appropriate to award
(Rs.9,000/- + 40% = Rs.12,600/-) (1/4th - Rs.8,150/- =
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Rs.9,450/-) (Rs.9,450/- X 12 X 17 = Rs.19,27,800/-)
Rs.19,27,800/- is awarded under this head as against
Rs.12,24,000/- awarded by the tribunal.
10. The tribunal has awarded Rs.85,000/- towards
consortium love and affection. I deem it appropriate to
award Rs.40,000/- for each. Therefore, (Rs.40,000/- X 6
= Rs.2,40,000/-) Rs.2,40,000/- is awarded under this
head as against Rs.85,000/- awarded by the tribunal.
11. The loss of Estate and transportation of dead
body and funeral expenses Rs.30,000/- is awarded under
this head.
12. In view of the above, the claimant would be
entitled to a total compensation of Rs.21,97,800/- as
against Rs.13,39,000/- as mentioned in the table below:
Heads Amount in Rs.
Loss of dependency 19,27,800-00
Loss of consortium 2,40,000-00
Loss of Estate, 30,000-00
transportation of dead body
and funeral expenses
TOTAL 21,97,800-00
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13. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 17.08.2019
passed by the Motor Accident Claims Tribunal at
Bangalore (SCCH:13), in MVC.No.4738/2016 is
modified;
iii) The claimants would be entitled to a sum of
Rs.21,97,800/- as against Rs.13,39,000/-;
iv) The enhanced compensation amount shall be paid
by the respondent-Corporation with interest @ 6%
p.a. within a period of four weeks from the date of
receipt of a copy of this order;
v) The compensation amount shall be released in
favour of the appellants - claimants as per the
terms of the tribunal by electronic transfer to the
claimants upon furnishing the required bank
details/upon proper identification.
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vi) All other terms and conditions stipulated by the
tribunal shall stand intact.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
TIN
