Karnataka High Court
Anita And Ors vs Dilip Buildcon Ltd And Anr on 14 November, 2024
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NC: 2024:KHC-K:8513
MFA No. 202811 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 202811 OF 2024 (MV-D)
BETWEEN:
1. SMT.ANITA, W/O DAGADU KHULA,
AGE ; 45 YEARS, OCC HOUSEHOLD
2. SRI.MAHESH, S/O DAGADU KHULE,
AGE :28 YEARS, OCC :STUDENT
3. SRI.NAVANATH, S/O DAGADU KHULE,
AGE :21 YEARS, OCC: STUDENT
ALL ARE R/O GAVTHAN, ARDHANARI,
GHDOESHWAR, TQ: MOHOL.
DIST: SOLAPUR-413253
...APPELLANTS
Digitally signed by
RENUKA (BY SRI. BAPUGOUDA SIDDAPPA,ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. DILIP BUILDCON LTD,
R/O PLOT NO.5,
INSIDE GAVIND NARAYAN SINGH GATE,
CHUNA BHATTI, KOLAR ROAD,
BHOPAL-462016(MADHYA PRADESH STATE)
2. THE BRANCH MANAGER,
THE NATIONAL INSURANCE CO LTD.,
1ST FLOOR, HERALAGI BUILDING,
BEHIND SHRI SIDDESHWAR TEMPLE,
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NC: 2024:KHC-K:8513
MFA No. 202811 of 2024
S S ROAD, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI.SANGEETA BHADRASHETTY ,ADVOCATE FOR R2:
NOTICE TO R1 IS DISPNESED WITH V/O DATED
25.10.2024)
THIS MFA IS FILED U/S. 173(1) OF MV ACT PRAYING TO
A) CALL FOR THE RECORDS B) TO MODIFY THE IMPUGNED
JUDGEMENT AND AWARD DATED 06.01.2023 PASSED IN MVC
NO. 671/2020 ON THE FILE OF THE COURT OF THE II
ADDITIONAL SENOR CIVIL JUDGE AND MEMBER OF MOTOR
ACCIDENT CLAIMS TRIBUNAL NO. VII VIJAYAPURA AT
VIJAYAPURA. AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT RS 11,99,956/- ONLY AS CLAIMED
BY THE APPELLANTS BEFORE THE HONOURABLE COURT AND
ETC.,
THIS APPEAL, COMING ON FOR FURTHER 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 appellants questioning the
quantum determined by the Tribunal in MVC No.671/2020.
Insurance company admits its liability. Therefore, appeal is
purely on quantum.
2. Appellants herein are the widow and children of
Dagadu Khule, who filed a claim petition for having lost
NC: 2024:KHC-K:8513
said Dagadu in the road traffic accident dated 24.01.2020.
Claimants in support of their contention asserted that
deceased Dagadu was doing labour work and earning
Rs.15,000/- p.m. In absence of income proof, Tribunal
notionally assessed the income of deceased at Rs.13,750/-
. However, while determining compensation under the
head loss of dependency, Tribunal did not award future
prospects. Taking note of age of the deceased, this Court
has re-assessed the evidence on record and is of the view
that Tribunal erred in not awarding future prospects at the
rate of 10%. Having assessed income at Rs.13,750/-, if,
10% future prospects is added, income of the deceased
works out to Rs.15,125/-. After deducting 1/3rd and adding
multiplier of 11, compensation under the head of loss of
dependency works out to Rs.13,31,000/-.
3. Under conventional heads Rs.1,50,000/- is
awarded by Tribunal. By applying principles laid down by
Hon'ble Apex Court in the case of National Insurance
NC: 2024:KHC-K:8513
Co. Ltd., Vs. Pranay Sethi1, 10% escalation is awarded
on conventional head. Accordingly, additional Rs.15,000/-
is added. Hence, total compensation under conventional
head works out to Rs.1,65,000/-. Compensation re-
assessed by this Court is as under:
Heads of Amount
Compensation
Loss of dependency Rs.13,31,000/-
Conventional heads Rs.1,65,000/-
Total Rs.14,96,000/-
4. For the foregoing reasons, this Court passes the
following:
ORDER
i. Appeal is allowed in part.
ii. The claimants are entitled for enhanced
compensation of Rs.1,35,956/-, which is
rounded off to Rs.1,36,000/- with interest at
(2017) 16 SCC 680
NC: 2024:KHC-K:8513
the rate of 6% p.m. from the date of
petition, till realization.
iii. The apportionment of the compensation is to
be made in terms of the order passed by the
Tribunal.
iv. The claimants are not entitled for the interest
for the delayed period of 493 days in terms
of the order dated 24.10.2024.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NJ
