Karnataka High Court
Shobha vs Nanasaheb on 7 November, 2024
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NC: 2024:KHC-K:8359
MFA No. 200212 of 2021
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.200212 OF 2021 (MV-D)
BETWEEN:
1. SMT. SHOBHA W/O HANAMANT RAJAGURU,
AGED ABOUT 54 YEARS, OCC: NIL,
2. SRI SUNIL S/O HANAMANT RAJAGURU,
AGED ABOUT 22 YEARS, OCC: STUDENT,
BOTH ARE R/O TIKOTA,
TQ: AND DIST: VIJAYAPUR.
...APPELLANTS
(BY SRI S. S. MAMADAPUR, ADVOCATE)
AND:
1. NANASAHEB
Digitally signed by S/O MARAUTI JAGATAP,
RENUKA
Location: HIGH
AGED ABOUT 49 YEARS,
COURT OF OCC: BUSINESS,
KARNATAKA R/O DALAJ NO.2, INDAPUR,
DIST: PUNE-413106,
MAHARASHTRA.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
SANGAM BUILDING, S.S. FRONT ROAD,
VIJAYAPUR-586101.
...RESPONDENTS
(BY SRI J. AUGUSTIN, ADVOCATE FOR R2;
R1 SERVED)
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NC: 2024:KHC-K:8359
MFA No. 200212 of 2021
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO, ENHANCE THE
COMPENSATION AMOUNT BY SUITABLY MODIFYING THE
JUDGMENT AND AWARD DATED 04.08.2020 PASSED BY THE I
ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VI, VIJAYAPUR
IN MVC NO.708/2016.
THIS APPEAL, COMING ON FOR ADMISSION, 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)
The captioned appeal is by the appellants, who are
questioning the quantum of compensation determined by
the Tribunal in MVC No.708/2016. Respondent
No.2/Insurance Company admits its liability. The appeal is
purely on quantum.
2. The claimants filed a claim petition for having
lost one Hanamant S/o Mahadev Rajaguru in a road traffic
accident dated 10.03.2015. The claimants, who are widow
and son respectively claimed that the deceased was hale
NC: 2024:KHC-K:8359
and healthy and was aged 60 years and was doing
agricultural work and earning monthly income of
Rs.15,000/- per month. Tribunal in absence of income
proof, assessed the income of the deceased at Rs.6,000/-
per month and awarded a sum of Rs.3,36,000/- towards
loss of dependency.
3. Heard the learned counsel on record. Perused
the material on record.
4. On re-assessing the evidence on records, this
Court is of the view that the income assessed by the
Tribunal notionally appears to be on lower side. In
absence of income proof, this Court is inclined to place
reliance on the income chart prepared by the Karnataka
State Legal Services Authority. The accident is of the year
2015. Therefore, the income of the deceased is assessed
at Rs.8,000/- per month. Admittedly, the deceased was 65
years. Therefore, there is no question of adding future
prospects. After deducting 1/3rd, the income is assessed
at Rs.5,333/- and by applying a multiplier of 7, the
NC: 2024:KHC-K:8359
compensation payable under the head of loss of
dependency works out to Rs.4,47,972- (Rs.5,333/- x 12 x
7) rounded off to Rs.4,48,000/-.
5. Under the conventional heads, Rs.1,10,000/- is
awarded. The accident is of the year 2015. Therefore,
10% escalation on conventional heads is added, in the
light of the principles laid down by the National
Insurance Co. Ltd., Vs. Pranay Sethi1. Accordingly,
Rs.22,000/- an additional amount is awarded. Medical
expenses awarded by the Tribunal at a sum of Rs.39,933/-
is undisturbed. The total compensation re-determined by
this Court is Rs.6,19,933/- as against Rs.4,45,933/-.
6. In the light of findings recorded supra, this
Court passes the following:
ORDER
i. The appeal is allowed in part.
(2017) 16 SCC 680
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ii. The claimants are entitled for enhanced
compensation of Rs.1,74,000/- with
interest at the rate of 6% per annum from
the date of petition till its realization.
iii. The enhanced amount shall be apportioned
in terms of the judgment rendered by the
Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
