Karnataka High Court
Laxmi W/O Late Ramesh Ors vs Mohd. Rafi S/O Peersab Ors on 7 November, 2024
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NC: 2024:KHC-K:8232
MFA No. 30885 of 2011
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.30885 OF 2011 (MV-D)
BETWEEN:
1. LAXMI W/O LATE RAMESH,
AGE: 22 YEARS,
OCC: HOUSEHOLD,
2. PARVATHAMMA W/O YELLAPPA,
AGE: 58 YEARS,
OCC: HOUSEHOLD,
3. YELLAPPA S/O HANUMANTHA,
AGE: 64 YEARS,
OCC: HOUSEHOLD,
Digitally signed by ALL ARE R/O KALAMGERA VILLAGE,
RENUKA
Location: HIGH TQ: MANVI, DIST: RAICHUR.
COURT OF
KARNATAKA ...APPELLANTS
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
AND:
1. MOHD. RAFI S/O PEERSAB,
AGE: 27 YEARS,
OCC: DRIVER OF AUTO NO.KA-36/6297,
R/O TIPPALDINNI VILLAGE,
POST: MARAKAMDINNI,
TQ: DEODURGA, DIST: RAICHUR.
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NC: 2024:KHC-K:8232
MFA No. 30885 of 2011
2. MOHD. RAFI S/O IMAMSAB,
AGE: MAJOR, OCC: OWNER OF AUTO
NO.KA-36/6297, R/O NIJALINGAPPA
COLONY, RAICHUR.
3. IFFCO TOKIO, GENERAL INSURANCE CO.LTD.,
# 127/A, BHAVANI ARCADES, 3RD FLOOR,
NEAR OLD BUS STAND ROAD,
OPP: BASAVANA NEW COTTORN MARKET,
HUBLI, BY ITS BRANCH MANAGER.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R3;
V/O DTD. 31.07.2013, NOTICE TO R1 IS DISPENSED WITH;
V/O DTD. 18.12.2023, NOTICE TO R2 IS HELD SUFFICIENT).
THIS MFA IS FILED UNDER SEC. 173(1) OF MVC ACT,
PRAYING TO, ALLOW THE APPEAL, THE JUDGMENT AND
AWARD PASSED BY THE MACT AND FAST TRACK COURT-I, IN
MVC NO.224/2009, AT RAICHUR, DATED 20.04.2010 MAY
KINDLY BE MODIFIED BY FIXING THE LIABILITY ON THE
INSURANCE COMPANY (RESPONDENT NO.3) AND ENHANCING
THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
NC: 2024:KHC-K:8232
The captioned appeal is by the claimants questioning
the finding on liability and quantum of compensation
determined by the Tribunal in MVC No.224/2009.
2. The claimants, who are the widow and parents
of the deceased filed a claim petition for having lost one
Ramesh in road traffic accident dated 23.02.2009. The
claimants contended that the deceased was earning
Rs.5,000/- per month and claimed to be the dependents.
The Tribunal assessing the income of the deceased at
Rs.3,000/- per month, awarded Rs.4,32,000/- under the
head of loss of dependency. The Tribunal, in all awarded
compensation of Rs.4,62,000/- and fastened the liability
on the owner of the vehicle on the ground that the driver
of the offending vehicle had no effective driving licence.
3. In connected claim petition arising out of same
accident in MVC No.328/2009, an appeal was preferred
before this Court in MFA No.30886/2011. The Co-ordinate
Bench of this Court applying the law laid down by the Apex
Court in the case of Mukund Dewangan Vs. Oriental
NC: 2024:KHC-K:8232
Insurance Company Limited1, held that the Tribunal
erred in absolving the insurance company of its liability to
pay compensation. In the light of the law laid down by the
Co-ordinate Bench of this Court, the finding on liability
deserves to be reversed by this Court.
4. Now coming to quantum. In absence of income
proof, having regard to the fact that the accident is of the
year 2009, this Court is inclined to rely on the income
chart prepared by the Karnataka State Legal Services
Authority. The income therefore is notionally assessed at
Rs.5,000/- per month and by adding 40% of the income
towards future prospects, the income is assessed at
Rs.7,000/- per month. After deducting 1/3rd towards
living and personal expenses of the deceased, the income
is assessed at Rs.4,667/- and by applying a multiplier of
18, the compensation re-determined under the head of
loss of dependency works out to Rs.10,08,072/- the same
is rounded off to Rs.10,08,000/-.
(2016) 4 SCC 298
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5. Since there are three dependents, a sum of
Rs.1,20,000/- is awarded under the head of loss of
consortium and Rs.30,000/- is awarded towards funeral
expenses and loss of estate. The total compensation
determined works out to Rs.11,58,000/-. Hence, this Court
passes the following:
ORDER
i. The Appeal is allowed in part.
ii. The claimants are entitled for compensation of
Rs.11,58,000/- with interest at the rate of 6%
per annum from the date of petition till its
realization.
iii. Respondent No.3/Insurance Company is liable
to satisfy the award amount.
iv. The enhanced amount shall be apportioned in
terms of the judgment rendered by the
Tribunal.
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v. Vide order dated 26.09.2023, the appellants are
not entitled to interest on the enhanced
compensation from 25.11.2016 till 26.09.2023.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
