Karnataka High Court
The Manager United India Insurance Co ... vs Akthari Sulthan on 7 November, 2024
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NC: 2024:KHC:45136
MFA No. 7841 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.7841 OF 2022(MV-D)
BETWEEN:
THE MANAGER
UNITED INDIA INSURANCE CO. LTD.,
1ST FLOOR, K.R.S.
PANDAVAPURA MAIN ROAD,
PANDAVAPURA TOWN,
NOW REP BY REGIONAL OFFICE,
UNITED INDIA INSURANCE CO. LTD.,
REGIONAL OFFICE,
5 AND 6TH FLOOR, KRISHI BHAVAN,
HUDSON CIRCLE, NRUPATHUNGA ROAD,
BANGALORE-560 001.
BY ITS REGIONAL MANAGER.
...APPELLANT
(BY SRI. H. C. VRUSHABHENDRAIAH, ADVOCATE)
Digitally signed AND:
by AASEEFA 1. AKTHARI SULTHAN
PARVEEN
W/O ASLAM PASHA
Location: HIGH AGED ABOUT 46 YEARS
COURT OF
KARNATAKA ADDRESS NO.3239, 1ST CROSS
MANDI MOHALLA, V. C. ROAD,
MYSORE-570001.
2. ASLAM PASHA
S/O SAYED PASHA
AGED 49 YEARS
ADDRESS NO.3238/3
2ND EDGA, MANDI MOHALLA-577001.
NOW BOTH ARE R/AT
SHANTINAGAR, PANDAVAPURA TOWN,
PANDAVAPURA TALUK.
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NC: 2024:KHC:45136
MFA No. 7841 of 2022
3. ARIF ULLA KHAN
S/O GAIBUN PEER SAB
AGED 39 YEARS
KOTTHAGERE VILLAGE
KUNIGAL TALUK
TUMAKURU DISTRICT-572130.
...RESPONDENTS
(BY SRI. PUNEETH B.S., ADVOCATE FOR R1 AND R2;
R3- SERVICE OF NOTICE IS DISPENSED WITH, V/O. DATED
29.07.2024)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.07.2022 PASSED IN
MVC NO. 463/2021 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA,
AWARDING COMPENSATION OF RS. 31,50,000/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL THE DATE OF REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.H.C.Vrushabhendraiah, learned counsel for
the appellant as well as Sri.G.M.Sharath Kumar, learned
counsel who represents Sri.Puneeth.B.S, learned counsel
on record for respondent Nos.1 and 2.
2. This appeal is the outcome of the order that is
passed by the Motor Accidents Claims Tribunal,
Pandavapura in MVC No.463/2021 dated 19.07.2022.
NC: 2024:KHC:45136
3. The short point that is involved in this case as
submitted by Sri.H.C.Vrushabhendraiah, learned counsel
for the appellant is that respondent Nos.1 and 2 herein are
the parents of the deceased Musthakim Pasha (herein
after be referred to as 'the deceased' for brevity) who died
in a road traffic accident. The deceased was a bachelor by
the date of accident. Therefore, as per the decision of the
Hon'ble Apex Court in the case of Smt. Sarla Verma and
Others Vs. Delhi Transport Corporation and Another
reported in AIR 2009 SC 3104, 50% of the earnings of the
deceased are required to be deducted towards personal
and living expenses. However, the Tribunal deducted 1/3rd
of the earnings of the deceased towards personal and
living expenses. Learned counsel thereby seeks to rectify
the defect .
4. Sri.G.M.Sharath Kumar representing
respondent Nos.1 and 2 seeks the Court to pass necessary
orders.
NC: 2024:KHC:45136
5. As the deceased died as a bachelor, as rightly
submitted by Sri.H.C.Vrushabhendraiah, learned counsel
for the appellant, 50% of the earnings of the deceased are
required to be deducted towards personal and living
expenses which the deceased would have incurred for
himself had he been alive. Thus without disturbing other
parameters, viz., notional income at Rs.15,000/-,
multiplier to be applicable as '18' and addition of 40%
towards future prospects, the compensation which the
respondent Nos.1 and 2 are entitled to under the head of
loss of dependency is as under:
Notional monthly income Rs.15,000/-
Annual income Rs.1,80,000/-
Add 40% towards future prospects Rs.2,52,000/-
On deducting 50% towards Rs.1,26,000/-
personal and living expenses
Loss of dependency, on applying Rs.22,68,000/-
appropriate multiplier 18
6. However, the Tribunal awarded a sum of
Rs.30,40,000/- under the head loss of dependency. Thus
NC: 2024:KHC:45136
the amount which is awarded in excess is Rs.7,72,000/-.
Therefore, the appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is awarded by the
Motor Accidents Claims Tribunal,
Pandavapura through orders in MVC
No.463/2021 dated 19.07.2022 is reduced
by Rs.7,72,000/-. Thus the total
compensation which the appellants are
entitled to is Rs.23,78,000/-
(Rs.31,50,000-Rs.7,72,000).
(iii) The award of the Tribunal on all other
aspects holds good.
(iv) The amount if any, in deposit be
transmitted to the concerned Tribunal
immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
