Karnataka High Court
Smt.Usha And Ors vs The Divisional Controller on 29 May, 2024
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NC: 2024:KHC-K:3391
MFA No. 201546 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO.201546 OF 2019 (MV-D)
BETWEEN:
1. SMT. USHA W/O SOMANATH BHAVAKE
AGE:35 YEARS, OCC: COOLIE,
2. DADASO S/O SOMANATH BHAVAKE
AGE: 20 YEARS, OCC: STUDENT,
3. SWATI D/O SOMANATH BHAVAKE
AGE: 18 YEARS, OCC: STUDENT,
4. SUVARNA D/O SOMANATH BHAVAKE
AGE: 15 YEARS, OCC: STUDENT,
APPELLANT NO.4 MINORS R/BY THEIR MOTHER,
Digitally signed by NEXT FRIEND AS M/G APPELLANT NO.1,
KHAJAAMEEN L
MALAGHAN
Location: HIGH 5. DNYANU S/O DADU BHAVAKE
COURT OF
KARNATAKA AGE: 70 YEARS, OCC: NIL,
6. SHAKUNTALA W/O DADU BHAVAKE
AGE: 65 YEARS, OCC: HOUSEHOLD,
ALL R/O SHAHUNAGAR,
VIJAYAPUR-586101.
...APPELLANTS
(BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)
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MFA No. 201546 of 2019
AND:
THE DIVISIONAL CONTROLLER
MAHARASHTRA STATE,
ROAD TRANSPORT CORPORATION,
SOLAPUR DIVISION,
SOLAPUR-413001.
...RESPONDENT
(BY SRI RAHUL R. ASTURE, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE
JUDGMENT AND AWARD DATED 18.12.2017 PASSED BY I
ADDITIONAL SENIOR CIVIL JUDGE AND MACT.NO.VI,
VIJAYAPUR IN MVC.NO.577/2014 AND BE PLEASED TO ALLOW
THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED
FOR BY THE APPELLANT HEREIN.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimants in MVC.No.577/2014
on the file of the I Additional Senior Civil Judge and MACT-
VI at Vijayapura (hereinafter for short referred to as
'Tribunal') dated 18.12.2017, claiming for enhancement of
compensation.
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02. The parties will be referred as per their ranks
before the Tribunal for the sake of convenience.
03. It is the case of the claimants that on
25.02.2014 at about 09.45 p.m. the deceased - Somanath
was going on his motorcycle bearing Reg.No.MH-13-AK-
0858 towards Wakari side from Pandharpur; in front of
house of one Sadashiv Bhosale, he met with an accident
due to rash and negligent driving of the Bus belonging to
the respondent - corporation bearing Reg.No.MH-12-CH-
7091 by its driver. As a result of impact, the deceased -
Somanath had sustained grievous injuries and while
undergoing treatment in Civil Hospital at Solapur, he
succumbed to the injuries.
04. It is further case of the claimants that the
deceased - Somanath was aged about 30 years at the
time of his death and working as coolie and earning
Rs.10,000/- per month. The claimants being the wife,
children and parents, of the deceased were depending
upon his earning. With these reasons, they prayed to
award the compensation amount of Rs.20,00,000/-.
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05. The respondent has appeared before the
Tribunal and denied all the contentions of the claimants. It
was also contended that the accident had taken place due
to rash and negligent riding of the motorcycle by the
deceased - Somanath. Hence respondents are not liable to
pay compensation.
06. From the rival contentions of the parties, the
Tribunal had framed the necessary issues.
07. The claimants to prove their case have
examined PW.1 and got marked Ex.P.1 to Ex.P.11. The
respondent has examined RW.1 and got marked Ex.R.1.
08. The Tribunal after hearing both the parties and
appreciating the evidence available on record had awarded
the following amount of compensation:-
Sl. Heads of Compensation Amount
No.
01. Loss of income due to dependency Rs.9,18,000/-
02. Towards love and affection Rs.25,000/-
03. Towards loss of consortium Rs.40,000/-
04. Towards loss of estate Rs.15,000/-
05. Towards Transportation and Rs.15,000/-
funeral expenses
Total Rs.10,13,000/-
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09. The Tribunal assessed age of the deceased at
30 years and notional income at Rs.6,000/- per month,
applied multiplier at 17 and awarded the compensation
under the head of loss of dependency.
10. Being aggrieved by the said findings the
claimants have preferred this appeal.
11. The learned counsel for the claimants contends
that the Tribunal has not considered the income of the
deceased properly. It did not accept his income as stated
in the claim petition, however the Tribunal could have
followed the schedule of income prepared by the
Karnataka State Legal Services Authority and determined
notional income as Rs.7,500/- per month. The Tribunal
has also not added the future prospects, as held by the
Hon'ble Supreme Court in the case of National
Insurance Company Limited vs. Pranay Shethi and
others1. It is further submitted that the law down by the
Hon'ble Supreme Court in the case of Magma General
(2017) 16 SCC 680
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Insurance Company Limited vs. Nanu Ram Alias
Chuhru Ram and others 2., is not followed while
awarding compensation towards loss of consortium. It is
also submitted that the amount of compensation awarded
towards other heads are also on the lower side. Hence,
prayed to allow the appeal and award just and reasonable
amount of compensation.
12. The learned counsel for the respondent -
corporation supported the impugned judgment. He further
submitted that the Tribunal had awarded the
compensation towards loss of consortium as well as
towards love and affection. In the event of reconsideration
arguments of learned advocate for appellants then the
claimants are not entitled for compensation under the
head of loss of love and affection and prayed for dismissal
of the appeal.
(2018) 18 SCC 130
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13. The following point is emerges for my
determination:-
Whether the claimants are entitled for the
enhancement of compensation.?
14. There is no dispute in respect of the fact of
accident, death of the deceased - Somanath due to
vehicle accident and the rash and negligent driving of the
driver of the bus. Therefore, there is no need to reconsider
the same. The Tribunal on appreciation of the evidence
answered the said point against the respondent -
corporation.
15. As rightly submitted by the learned counsel for
the appellants, the claimants have failed to prove the
income of the deceased - Somanath. The Tribunal could
have considered the notional income of the deceased -
Somanath on the basis of chart of income prepared by the
Karnataka State Legal Services Committee, in consultation
with the all the stake holders. Hence, the income of the
deceased - Somanath is taken as Rs.7,500/- per month.
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16. As held in the case of Pranay Shethi (supra),
the future prospect has to be added to the income of the
deceased - Somanath. The Tribunal accepted that the age
of the deceased - Somanath was 30 years. Hence, 40% of
his income has to be added towards the future prospects.
The deceased - Somanath left behind him with 06
dependents. Therefore, the Tribunal has rightly deducted
1/4th of his income towards personal expenses. It is not in
dispute that multiplier applicable in this case is 17. On the
basis of the same, amount of compensation under the
head of loss of dependency is assessed.
17. In the case of the Pranay Shethi's case
(supra) as referred above and in the case of Magma
General Insurance Company Limited (supra), it is held
that each claimants are entitled for Rs.40,000/- towards
loss of consortium. The claimants are widow, children and
parents of the deceased - Somanath and each of the
claimants are entitled for Rs.40,000/- under the said head.
In view of the awarding of the said amount of
compensation, the claimants are once again not entitled
for the compensation under the head of loss of love and
affection.
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18. The amount of compensation awarded towards
loss of estate and funeral expenses and does not call for
any interference. Accordingly, the following amount of
compensation is recalculated / awarded:-
Sl. Heads Compensation Compensation
No. Awarded by the Awarded by this
Tribunal Court
01. Loss of income due to Rs.9,18,000/- Rs.16,06,500/-
dependency
(Rs.7,500/- + 40% =
10,500/- - 1/4th =
7,875 x 12 x 17)
02. Love and affection Rs.25,000/- -
03. Loss of consortium Rs.40,000/- Rs.2,40,000/-
(Rs.40,000/- x 6)
04. Loss of estate Rs.15,000/- Rs.15,000/-
05. Transportation and Rs.15,000/- Rs.15,000/-
funeral expenses
Total Rs.10,13,000/- Rs.18,76,500/-
19. The claimants are entitled for enhancement of
Rs.8,63,500/-. The claimants are also entitled for interest
on the said amount at the rate of 6% per annum.
20. The learned counsel for the claimants fairly
submitted that the appeal was filed with the delay of 490
days. This Court vide order dated 11.03.2022 condoned
the delay by denying the interest for the delayed period.
Therefore, the claimants are not entitled for the interest
for the delayed period.
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21. Liability of respondent to pay compensation is
not disputed.
22. For the aforesaid discussion, I answered the
above point partly in the affirmative and I pass the
following;
ORDER
I. The appeal is allowed in part.
II. The impugned judgment and award passed by the I
Additional Senior Civil Judge and MACT-VI at
Vijayapura in MVC.No.577/2014 dated 18.12.2017 is
modified;
The claimants are entitled for compensation of
Rs.18,76,500/- as against Rs.10,13,000/- awarded
by the Tribunal. The claimants are entitled for
enhancement of compensation of Rs.8,63,500/- with
interest on the enhanced amount of compensation at
the rate of 6% per annum from the date of petition
till its realization, excluding the delayed period of 490
days in filing the appeal.
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III. The respondent - insurance company shall deposit
the said amount with interest within a period of 08
weeks from the date of receipt of copy of this order.
IV. The order pertaining to apportionment, deposit etc.,
passed by the Tribunal is not disturbed.
V. The registry is directed to send back the Trial Court
records to the concerned Court.
Sd/-
JUDGE
KJJ
CT:PK
