Karnataka High Court
Shamrao @ Sham And Ors vs Shivkumar And Anr on 8 November, 2024
-1-
NC: 2024:KHC-K:8240
MFA No. 200606 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.200606 OF 2020 (MV-D)
BETWEEN:
1. SHAMRAO @ SHAM
S/O SUBHASH
AGE: 60 YEARS, OCC: LABOUR
2. POOJA D/O SHAMRAO @ SHAM
AGE: 23 YEARS, OCC: STUDENT
3. POONAM D/O SHAMRAO @ SHAM
AGE: 21 YEARS, OCC: STUDENT
4. PRUTHIVIRAJ S/O SHAMRAO @ SHAM
AGE: 17 YEARS MINOR OCC: STUDENT
Digitally signed by U/G HIS FATHER SHAMRAO @ SHAM
RENUKA
Location: HIGH ALL ARE R/O NEAR VEERENDRA PATIL
COURT OF SCHOOL CHINCHOLI, NOW AT H.NO. 18-3-85
KARNATAKA
JANATA COLONY, CHIDRI, BIDAR
...APPELLANTS
(BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE)
AND:
1. SHIVKUMAR S/O VEERSHETTY SAJJAN
(GANIGER), AGE: 45 YEARS
OCC: ASST. TEACHER AT SULEPET
R/O KALYAN GADDI AREA, CHINCHOLI
-2-
NC: 2024:KHC-K:8240
MFA No. 200606 of 2020
DIST: KALABURAGI-585307
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD.,
OPPOSITE MINI VIDHANA SOUDHA
KALABURAGI, THROUGH ITS BRANCH
MANAGER, NATIONAL INSURANCE COMPANY
LIMITED, VEERBHADRESHWAR CHAMBERS
BUILDING, NEAR NAHERU STADIUM
BIDAR-585401
...RESPONDENTS
(BY SRI. DEEPAK V. BARAD, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 16.04.2019
PASSED IN MVC NO. 292/2018 BEFORE THE COURT OF PRL.
SENIOR CIVIL JUDGE AND MACT AT BIDAR.
THIS APPEAL COMING ON FOR FINAL HEARING, 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)
Captioned appeal is by the claimants questioning the
quantum of compensation determined by the Tribunal.
NC: 2024:KHC-K:8240
2. Heard the learned counsel appearing for the
appellants and learned counsel appearing for respondent -
insurance company. The dispute revolves around a
narrow compass.
3. Learned counsel appearing for the appellants
has brought to the notice of this Court that though the
Tribunal rightly assessed the income of the deceased
nationally at by determining the salary at Rs.37,896/- by
taking note of salary slip at Ex.P9, however, erred in
deducting 1/3rd when there are four dependents, contrary
to law laid down by the Apex Court in the case of SARLA
VERMA (SMT.) & OTHERS VS. DELHI TRANSPORT
CORPORATION & ANOTHER1.
4. Since there are four dependents, this Court is of
the view that Tribunal erred in deducting 1/3rd towards
personal and living expenses of the deceased. If income is
assessed at Rs.37,896/- and 1/4th is deducted, income is
(2009) 6 SCC 121
NC: 2024:KHC-K:8240
assessed at Rs.28,400/-. Proper multiplier applicable is
11. The compensation payable under head of loss of
dependency would work out to Rs.37,48,800/-
(Rs.37,896x12x11x1/4th).
5. Since there are four dependents, a sum of
Rs.1,60,000/- is awarded under the head of loss of
consortium and Rs.30,000/- towards funeral and loss of
estate. Accident is of the year 2018 and therefore, 10%
escalation for every three years has to be considered at
the rate of 20% on Rs.1,90,000/-, which works out to
Rs.38,000/-/-. Therefore, the total compensation payable
is re-determined at Rs.39,76,800/- as against
Rs.34,26,728/- awarded by the Tribunal.
6. In the light of the discussion made supra,
following order is passed:
ORDER
a) Appeal is allowed in part.
NC: 2024:KHC-K:8240
b) Appellants/claimants are entitled for enhanced
compensation of Rs.5,50,072/- rounded off
Rs.5,50,000/- with interest at the rate of 6%
per annum from the date of claim petition till its
realization.
c) Respondent No.2 - Insurance Company shall
satisfy the entire compensation amount.
d) The apportionment shall be made as per the
order of the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
SRT
CT-SW
