Karnataka High Court
Chidanand S/O Ambanna vs Basavant And Anr on 7 November, 2024
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NC: 2024:KHC-K:8191
MFA No. 202602 of 2019
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. 202602 OF 2019 (MV-D)
BETWEEN:
1. SHRIMANT
S/O NINGAPPA YANAPE
AGE: 55 YEARS, OCC: NIL
2. SARASWATI W/O SHRIMANT YANAPE
AGE: 50 YEARS, OCC: HOUSEHOLD WORK
BOTH ARE R/O: NANDUR
TAL: MANGALWEDA
AND ALSO RESIDING AT
KEERTI NAGAR, VIJAYAPURA.
...APPELLANTS
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
Digitally signed by AND:
RENUKA
Location: HIGH
COURT OF 1. BASAVANT
KARNATAKA S/O NINGANNA PATIL
AGE: 55 YEARS
OCC: BUSINESS
R/O: NANDUR, TAL: MANGALWEDA
DIST: SOLAPUR-413 001.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE COMPANY LIMITED
1ST FLOOR
SANGAMA BUILDING
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NC: 2024:KHC-K:8191
MFA No. 202602 of 2019
S.S. FRONT ROAD
VIJAYAPURA-586 101.
...RESPONDENTS
(BY SRI. SUDARSHAN .M, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O/D 07.01.2021)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION BY MODIFYING THE
JUDGMENT AND AWARD DATED 27.02.2018 PASSED BY THE
COURT OF III ADDITIONAL DISTRICT JUDGE AND MEMBER,
MACT NO.IV, AT VIJAYAPURA IN M.V.C.NO.70/2014, IN THE
INTEREST OF JUSTICE AND EQUITY.
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 claimants questioning
the quantum determined by the Tribunal in
MVC.No.70/2014. The respondent No.2/Insurance
company admits its liability. The appeal is purely on
quantum.
2. The claimants who are parents have filed a
claim petition for having lost their son in a road traffic
NC: 2024:KHC-K:8191
accident dated 26.04.2012. The Tribunal in absence of
income proof, assessed the income of the deceased at
Rs.5,500/- and awarded a sum of Rs.5,94,000/- under the
head 'loss of dependency'. The Tribunal in all awarded a
total compensation of Rs.6,24,000/-.
3. Heard learned counsel for the appellants and
learned counsel appearing for the respondent No.2.
4. In absence of income proof, the Tribunal has
assessed the income of the deceased at Rs.5,500/-.
Admittedly, the accident is of the year 2012. Therefore,
placing reliance on the income chart issued by the Legal
Services Authority, the income of the deceased is assessed
at Rs.6,500/- and by adding 40% towards future
prospects, the income is taken at Rs.9,100/-. Since
deceased was a bachelor, after deducting 50% towards
personal expenses, the income is assessed at Rs.4,550/-
and by applying the multiplier of 18, the compensation
payable under the head 'loss of dependency' works out to
Rs.9,82,800/- (4,550x12x18).
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5. Under conventional heads, a sum of
Rs.1,10,000/- is awarded. The accident is of the year
2012. In terms of the dictum laid down by the Hon'ble
Apex Court in the case of National Insurance Co. Ltd.,
vs. Pranay Sethi and Ors.1, a sum of Rs.22,000/-
escalation at the rate of 10% for every three years is
added on Rs.1,10,000/-. The total compensation re-
determined by this Court works out to Rs.11,14,800/- as
against Rs.6,24,000/- awarded by the Tribunal.
6. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The appeal is allowed in part;
(ii) The judgment and award passed by the
Tribunal in MVC.No.70/2014 is modified;
(iii) The appellants are entitled to enhanced
compensation of Rs.4,90,800/- which shall carry
interest at the rate of 6% per annum from the
date of petition till realization;
2017 ACJ 2700 SC
NC: 2024:KHC-K:8191
(iv) The apportionment shall be made in
terms of the order of the Tribunal;
(v) The amount in deposit, if any, shall be
remitted to the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
