Karnataka High Court
The Manager vs Abdul Naseer on 24 October, 2024
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NC: 2024:KHC:42932
MFA No. 2993 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 2993 OF 2023 (MV-D)
BETWEEN:
THE MANAGER,
M/S. MAGMA HDI GENERAL
INSURANCE COMPANY LTD.,
2ND FLOOR, HMJC ROAD, 36,
J.C. ROAD, NEAR MINERVA CIRCLE,
BENGALURU - 560 002.
NOW REPRESENTED BY ITS MANAGER,
THE MANAGER,
M/S. MAGMA HDI GENERAL
INSURANCE COMPANY LTD.,
1ST FLOOR, JANARDHANA TOWERS,
133/2, RESIDENCY ROAD,
BANGALORE - 560 025.
Digitally signed by ...APPELLANT
AASEEFA PARVEEN
Location: HIGH (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. ABDUL NASEER
S/O K. DAUOOD SAHEB,
AGED ABOUT 40 YEARS,
2. BABY SHEIMA FATHIMA,
D/O ABDUL NASEER,
AGED ABOUT 7 YEARS,
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MFA No. 2993 of 2023
3. BABY NIDA FATIMA,
D/O ABDUL NASEER
AGED ABOUT 6 YEARS,
RESPONDENT NO.2 TO 3 ARE MINORS
REPRESENTED BY NATURAL GUARDIAN
AND FATHER 1ST RESPONDENT HEREIN
R/O D NO. 2-201-1,
SANJEEVANA, KOLLOUTTU HOUSE,
NADA, PREMANU, BELTHANGADY TALUK,
PRESENTLY R/AT BIBI ALABI ROAD,
BUNDER, MANGALURU.
4. K. ABDUL NAVEED,
S/O K. DAUOOD SAHEB,
AGED ABOUT 38 YEARS,
R/AT D NO. 2-20-(1),
KOLLOUTTU HOUSE,
NADA, PERMANNU,
BELTHAGADY TALUK - 574 214.
5. M.V. SHEK RASHEED,
S/O SHEK MOIDIN SAHEB ADUL,
R/AT D.NO. 3170, KAVALA MUDOOR,
N.C. ROAD, KAVALAKATTE, BANTWAL TALUK
...RESPONDENTS
(BY SRI. GURUPRASAD B.R, ADVOCATE FOR R1;
R2 AND R3, MINOR REPRESENTED BY R1;
R4 AND R5 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 14.02.2023 PASSED IN MVC
NO.915/2020 ON THE FILE OF THE III ADDITIONAL DISTRICT
AND SESSIONS JUDGE, MACT-IV, DAKSHINA KANNADA,
MANGALURU, AWARDING COMPENSATION OF RS.30,34,030/-
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MFA No. 2993 of 2023
WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.B.C.Shivanne Gowda learned counsel for
the appellant as well as Sri.Guruprasad B.R learned
counsel who represents respondent No.1,4 and 5.
2. This appeal is the out come of the order that is
rendered by the Motor Accidents Claims Tribunal,
Dakshina Kannada, Mangaluru in M.V.C. No.915/2020
dated 14.02.2023. The Insurance Company against whom
liability was fastened by the tribunal is before this Court.
3. Arguing the matter, learned counsel
Sri.B.C.Shivanne Gowda representing the appellant
submits that this appeal is filed disputing the quantum of
compensation that is awarded to the claimants. Learned
counsel states that undisputedly the deceased Mamthaz
Banu (herein after referred to as 'deceased' for brevity)
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was a home maker. The tribunal took the notional income
of the deceased as Rs.15,000/- per month without any
basis. Learned counsel also states that the compensation
awarded under all other heads is also improper. Learned
counsel thereby seeks to pass necessary orders.
4. Sri.Guruprasad B.R, learned counsel representing
the claimants contend that the deceased was aged about
32 years by the date of accident and she was attending all
the household chores and also looking after the welfare of
her family members. Learned counsel states that the
accident occurred in the year 2020 and the for the
relevant period the Karnataka State Legal Services
Authority is taking the notional income as Rs.14,500/- per
month and the said figure may be considered.
5. Sri.B.C.Shivanne Gowda, learned counsel for the
appellant did not raise any objection to consider the
notional income of the deceased as Rs.14,500/- per
month. Also the figure suggested is reasonable.
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6. Thus, taking the notional income of the deceased
as Rs.14,500/-per month and without disturbing other
parameters that is adding of future prospects at 40%,
deducting 1/3rd of the earnings towards personal and living
expenses, applying appropriate multiplier 16, the amount
that the dependents are entitled to under the head loss of
dependency is as under:-
Heads Amount in Rs.
Notional monthly income 14,500-00
Annual income 1,74,000-00
Add 40% towards future 2,43,600-00
prospects
Deduct 1/3rd towards 1,62,400-00
personal and living
expenses
Apply appropriate multiplier 25,98,400-00
7. Thus, the compensation which is liable to be
awarded under the head loss of dependency is
Rs.25,98,400/-. However, the tribunal awarded a sum of
Rs.26,88,000/- under the said head. Also as rightly
contended by Sri.B.C.Shivanne Gowda the compensation
that was awarded under all other heads requires
modification. As per the judgment by the Hon'ble Supreme
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Court in National Insurance Company Limited vs. Pranay
Sethi and Others reported in (2017) 16 SCC case as the
accident occurred in the year 2020, the claimants are
entitled to Rs.16,500/- towards funeral expenses and
Rs.16,500/- towards loss of estate.
8. Further, the husband of the deceased that is the
1st claimant is entitled to Rs.44,000/- towards loss of
spousal consortium and the other claimants being the
children of the deceased are entitled to Rs.44,000/-
towards loss of parental consortium. Thus, the total
compensation which is liable to be awarded is as under:-
Heads Amount in Rs.
Loss of dependency 25,98,400-00
Funeral expenses 16,500-00
Loss of estate 16,500-00
Loss of spousal consortium 44,000-00
Loss of parental consortium 44,000-00
Medical expenses 46,030-00
Total 27,65,430-00
9. The tribunal through the impugned order awarded
a sum of Rs.30,34,030/- as compensation. However, the
compensation which is liable to be awarded is
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Rs.27,65,430/- in the light of the discussion that went on
supra.
10. Thus, the appeal is disposed of with the following
ORDER
i. The appeal is allowed in part.
ii. The compensation that is awarded by the Motor
Accident Claims Tribunal, Dakshina Kannada,
Mangaluru through orders in M.V.C. No.915/2020
dated 14.02.2023 is reduced from Rs.30,34,030/- to
Rs.27,65,430/-.
iii. The apportionment made by the tribunal applies to
the sum awarded as compensation through this
judgment as well.
iv. Amount if any in deposit be transmitted to the
concerned tribunal immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
CT: BHK
