Karnataka High Court
Smt. Megha W/O Kumar Kadam vs Anil S/O Keraba Potdar on 7 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2024:KHC-D:16289-DB
MFA No. 100569 of 2021
C/W MFA No. 100567 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 100569 OF 2021 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100567 OF 2021 (MV-D)
IN MFA NO. 100569 OF 2021
BETWEEN:
1. SMT. SNEHA W/O. SURESH SUTAR,
AGE 34 YEARS, OCC: HOUSEHOLD WORK,
R/O. KANGRALI (KH)-590010,
TALUKA & DISTRICT: BELAGAVI.
Digitally signed
by JAGADISH T R 2. KUMARI SIDDHANT S/O. SURESH SUTAR,
Location: High AGE 18 YEARS, OCC: STUDENT,
Court of
Karnataka, R/O. KANGRALI (KH)-590010,
Dharwad Bench
TALUKA & DISTRICT: BELAGAVI.
3. KUMARI SHREYA D/O. SURESH SUTAR,
AGE 13 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY HER
NEXT FRIEND SMT.SNEHA
W/O. SURESH SUTAR, APPELLANT NO.1.
4. SHRI. BHIMARAO S/O. GANAPATI SUTAR,
AGE 66 YEARS, OCC: NIL,
R/O. KANGRALI (KH)-590010,
TALUKA & DISTRICT: BELAGAVI.
-2-
NC: 2024:KHC-D:16289-DB
MFA No. 100569 of 2021
C/W MFA No. 100567 of 2021
5. SMT. RAJAMATI W/O. BHIMARAO SUTAR,
AGE 59 YEARS, OCC: NIL,
R/O. KANGRALI (KH)-590010,
TALUKA & DISTRICT: BELAGAVI.
...APPELLANTS
(BY SMT. SUNANDA P. PATIL, ADVOCATE)
AND:
1. SHRI. ANIL S/O. KERABA POTDAR,
AGE MAJOR, OCC: BUSINESS,
R/O. 2243, 'A', WARD,
BABUJMAL ROAD, KOLHAPUR-416010,
TALUKA: KARVEER, DISTRICT: KOLHAPUR,
MAHARASHTRA STATE.
2. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.,
CLUB ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. G. N. RAICHUR, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE
JUDGMENT AND AWARD DATED 11.03.2020 IN MVC NO.1489/2016
PASSED BY THE II ADDITIONAL SESSIONS JUDGE & MEMBER OF
ADDITIONAL MACT, BELAGAVI AND ENHANCE THE COMPENSATION
FROM RS.12,05,000/- TO RS.80,00,000/- TO THE APPELLANTS IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100567 OF 2021
BETWEEN:
1. SMT. MEGHA W/O. KUMAR KADAM,
AGE 39 YEARS, OCC: HOUSEHOLD WORK,
R/O. KANGRALI (KH)-590010,
TALUKA & DISTRICT: BELAGAVI.
-3-
NC: 2024:KHC-D:16289-DB
MFA No. 100569 of 2021
C/W MFA No. 100567 of 2021
2. KUMARI KOMAL D/O. KUMAR KADAM
AGE 22 YEARS, OCC: STUDENT,
R/O. KANGRALI (KH)-590010,
TALUKA & DISTRICT: BELAGAVI.
3. KUMAR SHUBHAM S/O. KUMAR KADAM
AGE 20 YEARS, OCC: STUDENT,
R/O. KANGRALI (KH)-590010,
TALUKA & DISTRICT: BELAGAVI.
...APPELLANTS
(BY SMT. SUNANDA P. PATIL, ADVOCATE)
AND:
1. SHRI. ANIL S/O. KERABA POTDAR,
AGE MAJOR, OCC: BUSINESS,
R/O. 2243, 'A', WARD,
BABUJMAL ROAD, KOLHAPUR-416010,
TALUKA: KARVEER, DISTRICT: KOLHAPUR,
MAHARASHTRA STATE.
2. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.
CLUB ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. G. N. RAICHUR, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE
JUDGMENT AND AWARD DATED 11.03.2020 IN MVC NO.1490/2016
PASSED BY THE II ADDITIONAL SESSIONS JUDGE & MEMBER OF
ADDITIONAL MACT, BELAGAVI AND ENHANCE THE COMPENSATION
FROM RS.11,33,000/- TO RS.80,00,000/- TO THE APPELLANTS IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-4-
NC: 2024:KHC-D:16289-DB
MFA No. 100569 of 2021
C/W MFA No. 100567 of 2021
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
These appeals are filed challenging the judgment and
award dated 11.03.2020 passed by the II Additional Sessions
Judge and Member of Additional M.A.C.T., Belagavi [for short,
'the Act'], in M.V.C. Nos.1490/2016 and 1489/2016, whereby
the Tribunal awarded a sum of Rs.11,33,000/- and
Rs.12,05,000/- respectively as compensation.
2. For the sake of convenience, the parties are
referred to as per their rankings before the Tribunal.
3. Brief facts of the claimants' case before the Tribunal
are as under:
On 09.04.2016 at about 10:15 p.m., the deceased Kumar
Ranga Kadam and Suresh Bhimarao Sutar were travelling on a
motorcycle bearing registration No.MH-09/DE-9045 from Majale
on Sangli-Kolhapur road to Alate. The deceased Kumar Ranga
Kadam was riding the motorcycle in a moderate speed and on
the proper side of the road, by following all traffic rules and
NC: 2024:KHC-D:16289-DB
regulations. When they reached near the spot of the accident,
the driver of Goods Truck bearing registration No.MH-09/AL-
2050 came from Kolhapur side in a rash and negligent manner
and dashed to the motorcycle. Due to the said impact, Kumar
Ranga Kadam and Suresh Bhimarao Sutar, sustained severe
injuries and both were succumbed to the injuries. Hence, the
claimants have filed the claim petitions in M.V.C.
Nos.1490/2016 and 1489/2016 before the Tribunal.
4. The Tribunal considering the oral evidence of PW1
and PW2, document marked at Exs.P.1 to P.115, oral evidence
of RW1 and Exs.D.1 to D.3, granted total compensation of
Rs.11,33,000/- and Rs.12,05,000/- respectively with interest at
6% per annum from the date of petition till its realization.
Being aggrieved by the compensation granted by the Tribunal,
the claimants have preferred these appeals.
5. In M.F.A. No.100567/2021, the learned counsel
further contended that the deceased Kumar Ranga Kadam was
working as skilled tailor and also an innovative agriculturist. He
was growing commercial crops and earning income of
Rs.40,000/- per month prior to the accident. Further the
NC: 2024:KHC-D:16289-DB
Tribunal has not granted fair compensation under the
conventional heads and has not considered future prospects.
6. In M.F.A. No.100569/2021, the learned counsel for
the claimant vehemently contended that the deceased Suresh
Bhimarao Sutar had completed Diploma Civil Engineering and
was an experienced Civil Contractor. His income was more than
Rs.40,000/- per month. But, the Tribunal has not considered
oral and documentary evidence on record, and erred in
considering the income of the deceased at Rs.8,000/- per
month which is on lower side. Further, the Tribunal has not
granted future prospects and not granted fair and reasonable
compensation under other conventional heads. With the above
contentions, the learned counsel prayed to allow the appeals.
7. Per contra, learned counsel for the respondent -
insurance company has contended that the Tribunal has
considered the notional income of the deceased Suresh
Bhimarao Sutar at Rs.8,000/- per month, which is fair and
reasonable one. The counsel further contended that the
compensation awarded by the Tribunal under conventional
NC: 2024:KHC-D:16289-DB
heads is just and reasonable. Hence, he prayed to dismiss the
appeals filed by the claimants.
8. Heard the learned counsel for the parties. On
perusal of the impugned judgment and award, the only point
that would arise for our consideration in these appeals is:
"Whether the quantum of compensation
awarded by the Tribunal is just and reasonable or
does it call for enhancement?"
9. As there is no dispute with regard to the accident
that occurred on 09.04.2016, the very fact is that when the
deceased Kumar Ranga Kadam and Suresh Bhimarao Sutar
were travelling on a motorcycle, the accident occurred due to
the rash and negligent driving of the driver of the truck. Hence,
Kumar Ranga Kadam and Suresh Bhimarao Sutar sustained
severe injuries and succumbed to fatal injuries. The accident
occurred due to rash and negligent driving of the driver of
truck.
10. In respect of the deceased Kumar Ranga Kadam in
M.F.A. No.100567/2021 is concerned, he was working as a
skilled tailor and was also an innovative agriculturist. He was
NC: 2024:KHC-D:16289-DB
growing commercial crops and earning more than Rs.40,000/-
per month. In support of the claimants' contention, PW1 has
stated that her husband was doing tailoring work and he was
an agriculturist and was drawing a sum of Rs.40,000/- per
month. In support of her oral evidence, she has relied upon
RTC extract and she has produced documents in respect of
investment made i.e., LIC policies, membership certificates etc.
It shows that the monthly income of the deceased Kumar
Ranga Kadam was more than Rs.10,000/- per month. The
Tribunal assessed the notional income of the deceased Kumar
Ranga Kadam at Rs.8,000/- which is on lower side. As the
deceased Kumar Ranga Kadam was working as a tailor and also
an innovative agriculturist and he was growing commercial
crops and hence, his income be considered as Rs.10,000/- per
month. The claimants are wife and two children. Hence, 1/3rd of
his income has to be deducted towards his personal expenses
and 2/3rd of the income has to be taken towards family
contribution. The Tribunal has not considered the future
prospects of the deceased. At the time of the accident, the age
of the deceased was 45 years and the Tribunal ought to have
taken into consideration the future prospects at 25%. The
NC: 2024:KHC-D:16289-DB
multiplier applicable to that age group is 14. Accordingly, loss
of dependency is re-assessed as under:
Rs.10,000/- + 25% X 12 X 14 - 1/3 = Rs.14,00,000/-
11. So far as loss of consortium is concerned, in view of
the law laid down by the Hon'ble Supreme Court in the case of
Magma General Insurance Co. Ltd. vs. Nanu Ram1, the
claimants being the wife and two children of the deceased
Kumar Ranga Kadam, are entitled for compensation of
Rs.40,000/- each i.e., Rs.1,20,000/- (Rs.40,000 X 3) under the
head 'loss of consortium'.
12. The accident is of the year 2016. In view of the
ratio laid down in the case of National Insurance Co. Ltd. vs.
Pranay Sethi and others2, the Apex Court enhanced the
compensation on conventional heads, viz., loss of estate, loss
of consortium and funeral expenses should be Rs.15,000/-,
Rs.40,000/- and Rs.15,000/- respectively and the said amounts
should be enhanced at the rate of 10% in every three years.
Now almost six years have been elapsed and therefore, the
claimants are entitled for 20% escalation on loss of estate, loss
1 2018 ACJ 2782
2 AIR 2017 SC 5157
- 10 -
NC: 2024:KHC-D:16289-DB
of consortium and funeral expenses. Hence, they are entitled
for Rs.15,000/- + 20% = Rs.18,000/- towards loss of estate,
Rs.1,20,000/- + 20% = Rs.1,44,000/- towards loss of
consortium, and Rs.15,000/- + 20% = Rs.18,000/- towards
funeral expenses. Accordingly, the claimants in M.F.A.
No.100567/2021 are entitled for the following:
Towards loss of dependency Rs.14,00,000/-
Towards loss of consortium Rs.1,44,000/-
Towards funeral expenses and
Rs.18,000/-
transportation charges
Towards loss of estate Rs.18,000/-
Total Rs.15,80,000/-
13. In respect of the deceased Suresh Bhimarao Sutar
in M.F.A. No.100569/2021 is concerned, he was a Diploma Civil
Engineer and was also a civil private contractor. In order to
establish his income, PW2 has furnished bank statements and
certificates wherein the deceased Suresh Bhimarao Sutar had
received some amounts in respect of construction work. But the
Tribunal without considering these documents, notionally
assessed the income at Rs.8,000/- which is on lower side.
Considering the oral evidence of PW1 and the documents relied
upon by the claimants, it is just and necessary to reassess the
notional income of the deceased Suresh Bhimarao Sutar at
- 11 -
NC: 2024:KHC-D:16289-DB
Rs.12,000/- per month. The Tribunal has not considered the
future prospects of the deceased. At the time of the accident,
the age of the deceased was 36 years and the Tribunal ought to
have taken into consideration the future prospects at 40%. If
the notional income of the deceased is taken into consideration
at Rs.12,000/- per month, future prospects at 40%, multiplier
as 15 and at the time of the accident, the age of the deceased
was 36 years. The claimants are wife, children and parents of
the deceased. Hence, 1/4th of his income has to be deducted
towards personal expenses and 3/4th of his income has to be
taken towards his family contribution, then the loss of
dependency comes out to:
Rs.12,000 + 40% X 12 X 15 - ¼ = Rs.22,68,000/-
14. In view of the ratios laid down in the case of
Pranay Sethi (supra) and Magma (supra), the claimants
are entitled for loss of consortium. There are five dependants.
Hence, they are entitled at [Rs.40,000/- X 5] Rs.2,00,000/-,
but the Tribunal granted Rs.1,00,000/- which is on lower side.
So far as conventional head, the Tribunal has granted
Rs.15,000/- towards loss of estate which is fair and reasonable.
- 12 -
NC: 2024:KHC-D:16289-DB
Towards funeral expenses, the Tribunal granted Rs.10,000/-
which is on lower side. Hence, Rs.15,000/- is granted under the
head funeral expenses. The claimants are entitled for 20%
escalation on loss of estate, loss of consortium and funeral
expenses. Hence, they are entitled for Rs.15,000/- + 20% =
Rs.18,000/- towards loss of estate, Rs.2,00,000/- + 20% =
Rs.2,40,000/- towards loss of consortium, and Rs.15,000/- +
20% = Rs.18,000/- towards funeral expenses. Accordingly,
the claimants in M.F.A. No.100569/2021 are entitled for the
following:
Towards loss of dependency Rs.22,68,000/-
Towards loss of consortium Rs.2,40,000/-
Towards funeral expenses and
Rs.18,000/-
transportation charges
Towards loss of estate Rs.18,000/-
Total Rs.25,44,000/-
15. Accordingly, the point for consideration is answered
partly in the affirmative. In the result, we pass the following:
ORDER
a) The appeals are allowed in part.
b) The judgment and award of the Tribunal is modified.
- 13 -
NC: 2024:KHC-D:16289-DB
c) The claimants in M.F.A. No.100567/2021 are entitled
to a total compensation of Rs.15,80,000/- and the
claimants in M.F.A. No.100569/2021 are entitled to a
total compensation of Rs.25,44,000/-.
d) The Insurance Company is directed to deposit the
compensation amount along with interest
at 6% per annum from the date of filing of the claim
petitions till the date of realization, within a period of
six weeks from the date of receipt of copy of this
judgment.
e) The apportionment, deposit and release of amount
shall be made in accordance with the terms of the
award of the Tribunal.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
SMM - upto para 08
RSH - para 09 to till end
