Karnataka High Court
Prema W/O Vithal Pujari vs Hafiza Kousar W/O Riyaz on 30 May, 2024
Author: S G Pandit
Bench: S G Pandit
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MFA No. 102950 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF MAY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.102950 OF 2019 (MV-D)
BETWEEN:
1. PREMA W/O. VITHAL PUJARI,
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O: PLOT NO.34, ANNAPURNAWADI,
BEHIND KLE HOSPITAL, BELAGAVI-590010.
2. RUPALI D/O. VITHAL PUJARI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: PLOT NO.34, ANNAPURNAWADI,
BEHIND KLE HOSPITAL, BELAGAVI-590010.
3. DATTARAJ S/O. VITHAL PUJARI,
AGE: 17 YEARS, OCC: STUDENT,
Digitally signed by R/O: PLOT NO.34, ANNAPURNAWADI,
VINAYAKA B V BEHIND KLE HOSPITAL, BELAGAVI-590010.
Location: HIGH
COURT OF
KARNATAKA 4. VAISHALI D/O. VITHAL PUJARI,
AGE: 14 YEARS, OCC: STUDENT,
R/O: PLOT NO.34, ANNAPURNAWADI,
BEHIND KLE HOSPITAL, BELAGAVI-590010.
(SINCE APPELLANT NO.3 and 4 ARE
MINORS THEY ARE REP. BY
THEIR MOTHER I.E. APPELLANT NO.1)
...APPELLANTS
(BY SRI VITTHAL S.TELI, ADVOCATE)
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MFA No. 102950 of 2019
AND:
1. HIFZA KOUSAR W/O. RIYAZ,
AGE: MAJOR, OCC: BUSINESS,
R/O: DOOR NO.44/3, HOSPET GALLI, CHIKODI,
TQ: CHIKODI, DIST: BELAGAVI-591201.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE AT,
MARUTI GALLI, BELAGAVI-590001.
...RESPONDENTS
(BY SRI S.S. KOLIWAD, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 04.12.2018 PASSED IN MVC
NO.2408/2017 ON THE FILE OF THE X ADDITIONAL DISTRICT
JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, S G PANDIT, J., DELIVERED THE
FOLLOWING:
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MFA No. 102950 of 2019
JUDGMENT
Though this appeal is listed for admission, it is taken up
for final disposal with the consent of learned counsel for both
the parties.
2. The claimants, who are the wife and children of the
deceased Vithal Nagu Pujari are before this Court in this appeal
not being satisfied with the quantum of compensation under
the judgment and award dated 04.12.2018 passed in MVC
No.2408/2017 on the file of X Addl. District and Member of
Addl. MACT., Belagavi (for short, 'Tribunal') and praying for
enhancement of compensation.
3. Brief facts of the case are that, the
appellants/claimants, the wife and children of the deceased
Vithal Nagu Pujari, filed a claim petition under Section 166 of
the Motor Vehicles Act, 1988 seeking compensation for the
accidental death of Vithal Nagu Pujari that took place on
24.03.2017 involving Chevrolet car bearing registration No.KA-
19/NTO-21317 and Bajaj motorcycle bearing registration
No.KA-23/E2660. It is further stated that as on the date of the
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accident, deceased was aged 45 years and was doing pendal
and catering business earning a sum of Rs.30,000/- per month.
4. On issuance of notice, respondents appeared before
the Tribunal and filed their separate statement of objections.
Respondent No.1 admitted ownership of the car and stated that
the car is insured with respondent No.2-Insurance Company.
Respondent No.2-Insurance Company in its statement of
objection denied the entire claim petition averments and
further contended that the driver of the car did not have valid
and effective driving licence as on the date of the accident.
Further, it is contended that the accident occurred only due to
the negligence of the rider of the motorcycle and thus, prays
for dismissal of the claim petition.
5. Before the Tribunal, claimant No.1-wife of the
deceased examined herself as PW1 and another claimant
Sri.Subhash Babu Maste was examined as PW2 apart from
marking the documents as Exs.P1 to P25; whereas the
respondents did not examine any witness but marked one
document as Ex.R1. The Tribunal based on the material on
record allowed the claim petition in part and awarded a total
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compensation of Rs.11,72,500/- with interest at the rate of 6%
per annum from the date of petition till realization and while
awarding compensation, the Tribunal assessed the income of
the deceased at Rs.7,000/- per month, added 25% of the
assessed income towards future prospects, adopted multiplier
of 14 and deducted 1/4th towards the personal expenses of the
deceased. Not being satisfied with the quantum of
compensation, the claimants are before this Court in this
appeal praying for enhancement of compensation awarded.
6. Heard the learned counsel Sri.Vittal S.Teli for the
appellants and learned counsel Sri.S.S.Koliwad for respondent
No.2-Insurance Company and perused the appeal papers along
with original records.
7. Sri.Vittal S.Teli, learned counsel appearing for
appellants/claimants would contend that the income assessed
by the Tribunal at Rs.7,000/- per month is at lower side and he
would submit that the deceased by doing business of pendal
and catering was earning more than Rs.30,000/- per month but
to establish both the avocations, the claimants have not
produced any document. He submits that the claimants have
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produced Exs.P16 to 19-Notarized copies of FD certificates. He
submits that fixed deposits made by the deceased would go to
show that he had sufficient income. Thus, he prays for
enhancing the income of the deceased from Rs.7,000/- per
month to Rs.30,000/- per month. Further, learned counsel
would submit that the Tribunal failed to award consortium in
terms of decision of the Hon'ble Apex Court in the case of
Magma General Insurance Company Ltd., Vs. Nanu Ram
and Others1. Thus, he prays for allowing the appeal.
8. Per contra, Sri.S.S.Koliwad, learned counsel for
respondent No.2-Insurance Company would submit that the
compensation awarded by the Tribunal is just compensation
and it needs no interference. It is also contended that in the
absence of material on record to establish the income of the
deceased, the Tribunal has rightly assessed Rs.7,000/- per
month as income of the deceased. Thus, he prays for dismissal
of the appeal.
2018 ACJ 2782
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9. Having heard the learned counsel for the parties
and on perusal of the appeal papers along with original records,
the following point would arise for consideration:
Whether the claimants are entitled for enhanced
compensation?
The above point is answered in the affirmative for the
following reasons:
10. The accident that took place on 24.03.2017
involving Chevrolet car bearing registration No.KA-19/NTO-
21317 and Bajaj motorcycle bearing registration No.KA-23/E-
2660, resultant death of Vithal Nagu Pujari is not in dispute in
this appeal. The claimants are in appeal praying for
enhancement of compensation.
11. The accident is of the year 2017. The claimants
stated that the deceased was earning a sum of Rs.30,000/- per
month by doing pendal and catering business, but the
claimants have not placed on record any material to establish
his income. In the absence of proof with regard to the income
of the deceased, it is for the Tribunal to assess the income
notionally taking note of the chart prepared Karnataka State
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Legal Services Authority. The notional income fixed by the
KSLSA for the year 2017 is Rs.10,250/- per month. Therefore,
we are of the opinion that it would be just and appropriate to
determine notional income of the deceased at Rs.10,250/- per
month, taking note of the income chart prepared by KSLSA.
12. The Tribunal has rightly deducted 1/4th towards the
personal expenses of the deceased, adopted multiplier of 14
and added 25% towards future prospects, taking note of the
age of the deceased as 45 years. Thus, the claimants would be
entitled for a modified compensation on the head of loss of
dependency as under:
Rs.10,250 X 12(months) + 25%(future prospects) x
14(multiplier) x 3/4(deduction) = Rs.16,14,375/-
13. The claimants are wife and children of the deceased
Vithal Pujari. In terms of the decision referred to supra,
claimant No.1-wife would be entitled for spousal consortium of
Rs.40,000/- whereas, claimants No.2 to 4-children would be
entitled for parental consortium of Rs.40,000/- each apart from
Rs.15,000/- towards loss of estate and Rs.15,000/- towards
funeral expenses.
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14. Thus, the claimants would be entitled for modified
compensation on the following heads:
Sl. Particulars Amount
No. (In Rupees)
1. Loss of dependency 16,14,375/-
2. Loss of estate & Funeral 30,000/-
expenses
3. Loss of consortium (Rs.40000x4) 1,60,000/-
Total 18,04,375/-
15. Thus, the claimants would be entitled to total
compensation of Rs.18,04,375/- as against Rs.11,72,500/-
awarded by the Tribunal.
16. Hence, we pass the following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment & award of
Tribunal is modified to the extent that the
claimants are entitled to total
compensation of Rs.18,04,375/- as
against Rs.11,72,500/- awarded by the
Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% p.a. from
the date of claim petition till realization.
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d) Respondent No.2-Insurance Company shall
deposit enhanced compensation amount
with accrued interest before the Tribunal
within a period of six weeks from the date
of receipt of certified copy of this
judgment.
e) Apportionment, deposit & disbursement
shall be made as per award of Tribunal.
f) Registry to transmit the records to the
Tribunal, forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
RH
