Smt Shamshad And Ors vs Rajendra And Anr
2024 Latest Caselaw 27084 Kant

Citation : 2024 Latest Caselaw 27084 Kant
Judgement Date : 12 November, 2024

Karnataka High Court

Smt Shamshad And Ors vs Rajendra And Anr on 12 November, 2024

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                                                           NC: 2024:KHC-K:8539
                                                       MFA No. 200796 of 2021




                                 IN THE HIGH COURT OF KARNATAKA,
                                        KALABURAGI BENCH

                            DATED THIS THE 12TH DAY OF NOVEMBER, 2024

                                              BEFORE
                      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
                           MISCL. FIRST APPEAL NO. 200796 OF 2021 (MV-D)

                      BETWEEN:

                      1.   SMT. SHAMSHAD
                           W/O HASAN BAGAWAN
                           AGE 46 YEARS
                           OCC. HOUSEHOLD AND COOLIE WORK

                      2.   SHABBIR S/O HASAN BAGAWAN
                           AGE 25 YEARS
                           OCC. BUSINESS

                      3.   FAROOQ S/O HASAN BAGAWAN
                           AGE 23 YEARS
                           OCC. BUSINESS

                           ALL ARE R/O BAGAWAN CHOWK MOHOL
                           TQ. MOHOL, DIST SOLAPUR
Digitally signed by        NOW AT CIB COLONY, KALABURAGI-585 102
RENUKA
Location: HIGH
                                                                   ...APPELLANTS
COURT OF
KARNATAKA             (BY SRI. BASAVARAJ R. MATH, ADVOCATE)

                      AND:

                      1.   RAJENDRA
                           S/O PRATAP JADHAV
                           AGE MAJOR
                           OCC. OWNER OF AUTO RICKSHAW
                           ITS NO. MH-13/BV-0093
                           R/O NO. 715, NEW PACHAPETH
                           SOLAPUR, PIN 413 003
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                                          NC: 2024:KHC-K:8539
                                      MFA No. 200796 of 2021




2.    THE BRANCH MANAGER
      UNITED INDIA INSURANCE CO. LTD
      2ND FOOR, DR JAWALI COMPLEX
      SUPER MARKET, KALABURAGI-585 102.
      POLICY NO. 1612003116P107844899
      VALID FROM 16.09.2016 TO 15.09.2017
                                              ...RESPONDENTS

(BY SMT. MOHD. ABDUL QUAYUM, ADVOCATE FOR R2;
    NOTICE TO R1 IS DISPENSED WITH V/O/D 14.09.2021)

     THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO,
CALL FOR RECORDS AND MODIFY THE IMPUGNED JUDGMENT
AND AWARD DATED 11.06.2020 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE AND MACT, AT KALABURGI, IN MVC NO.
969/2018, 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)

This appeal is by the claimants questioning the

quantum determined by the Tribunal in MVC.No.969/2018.

The respondent No.2/Insurance company admits its

liability. The appeal is purely on quantum.

2. The claimants who are widow and children of

one Hasan Bagawan have filed a claim petition for having

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lost the said Hasan Bagawan in a road traffic accident

dated 07.05.2017. The claimants have filed claim petition

questioning the compensation determined under the head

'loss of dependency'.

3. The Tribunal in absence of income proof,

notionally assessed the income of the deceased at

Rs.8,000/-. Though claimants asserted that deceased was

doing fruits business and earning a sum of Rs.25,000/- per

month, the Tribunal has awarded a sum of Rs.8,96,000/-

under the head 'loss of dependency'.

4. Heard learned counsel appearing for the

appellants and learned counsel appearing for the

respondent No.2/Insurance company.

5. On reassessing the material on record, this

Court is of the view that Tribunal erred in notionally

assessing the income of the deceased at Rs.8,000/- p.m.

which appears to be on the lower side. In absence of

income proof, having regard to the fact that the accident is

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of the year 2017, placing reliance on the income chart

prepared by the Legal Services Authority, the income is

assessed at Rs.10,250/-. By adding 25% towards future

prospects, the income is taken at Rs.12,812/-. After

deducting 1/3rd towards personal expenses, the income is

assessed at Rs.8,542/- and by applying the multiplier of

14, the compensation re-determined under the head 'loss

of dependency' works out to Rs.14,35,056/-

(8,542x12x14).

6. Since there are three dependents, under

conventional heads, a sum of Rs.1,50,000/- is awarded.

In the light 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, 10% escalation for every three

years which works out to Rs.15,000/- is added. The total

compensation re-determined by this Court works out to

Rs.16,00,056/- as against Rs.10,41,000/- awarded by the

Tribunal.

2017 ACJ 2700 SC

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7. 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.969/2018 is modified;

(iii) The appellants are entitled to enhanced compensation of Rs.5,59,056/- which shall carry interest at the rate of 6% per annum from the date of petition till realization;