Karnataka High Court
The Managing Director vs Sushila And Ors on 24 October, 2024
-1-
NC: 2024:KHC-K:7854
MFA No. 202317 of 2018
C/W MFA.CROB No. 200021 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 202317 OF 2018 (MV-D)
C/W
MFA CROSS OBJ NO. 200021 OF 2019 (MV-D)
IN MFA NO. 202317/2018
BETWEEN:
1. THE MANAGING DIRECTOR
NEKRTC
SARIGE SADAN, OPP:KBN HOSPITAL
MAIN ROAD, KALABURAGI.
THROUGH ITS DIVISIONAL OFFICE
OPP:KBN COMPLEX, STATION MAIN ROAD
KALABURAGI
NOW THROUGH ITS
CHIEF LAW OFFICER
NEKRTC, CENTRAL OFFICE
SARIGE SADAHANA, MAIN ROAD, KALABURAGI.
THROUGH ITS AUTHORISED SIGNATORY
...APPELLANT
Digitally signed
by RENUKA (BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. SUSHILA
W/O KACHARU PAWAR
AGE:57 YEARS
OCC:HOUSEHOLD
2. GODAVARI D/O KACHARU PAWAR
AGE:26 YEARS
OCC:STUDENT
-2-
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MFA No. 202317 of 2018
C/W MFA.CROB No. 200021 of 2019
3. SHOBA D/O KACHARU PAWAR
AGE:31 YEARS
OCC:NIL
ALL R/O DAHISAR MUMBAI
NOW R/O 11-62/1, CIB COLONY
KALABURAGI.-585 102.
...RESPONDENTS
(BY SRI. SRIDEVI J. TUPPAD, ADVOCATE FOR C/R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2 AND R3)
THIS MFA IS FILED U/S 173 (1) OF MV ACT, BY THE
ADVOCATE FOR THE APPELLANT, PRAYING TO MODIFY THE
ORDER OF THE TRIBUNAL AND CALL FOR THE LOWER COURT
RECORDS AND HEAR THE PARTIES AND SET ASIDE THE ORDER
DATED 14.08.2018, PASSED THE COURT OF I ADDL.SENIOR
CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO.37/2017
IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA.CROB 200021/2019
BETWEEN:
1. SUSHILA
W/O KACHARU PAWAR
AGE:58 YEARS
OCC:HOUSEHOLD
2. GODAVARI D/O KACHARU PAWAR
AGE:27 YEARS
OCC:STUDENT
3. SHOBA D/O KACHARU PAWAR
AGE:32 YEARS
OCC:NIL
ALL R/O DAHISAR MUMBAI
NOW R/O 11-62/1,
-3-
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MFA No. 202317 of 2018
C/W MFA.CROB No. 200021 of 2019
CIB COLONY
KALABURAGI.-585 102.
...CROSS OBJECTORS
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
NEKRTC
SARIGE SADAN
OPP:KBN HOSPITAL
MAIN ROAD,
KALABURAGI-585 102.
...RESPONDENT
(BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE)
THIS MFA.CROB IS FILED UNDER ORDER 41 RULE 22 OF
CPC, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE
THE JUDGMENT AND AWARD DATED 14.08.2018, PASSED BY
THE I ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN MVC
NO.37/2017 BY ALLOWING THE APPEAL AS PRAYED FOR IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA AND MFA.CROB, 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 in MFA.No.202317/2018 is filed
by the Corporation questioning the compensation
determined by the Tribunal in MVC.No.37/2017.
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C/W MFA.CROB No. 200021 of 2019
MFA.Crob.No.200021/2019 is filed by the claimants feeling
aggrieved by the inadequate compensation awarded by
the Tribunal. The Corporation admits its liability and the
appeal is purely on quantum.
2. The claimants have filed a claim petition for
having lost one Ganesh in a road traffic accident dated
06.06.2016. The Tribunal by assessing the income of the
deceased notionally at Rs.7,500/- and by adding 40%
toward future prospects awarded a sum of Rs.11,34,000/-
under the head of loss of dependency. The said
determination is under challenge by the claimants, while
Corporation has filed the appeal questioning the quantum.
3. On re-assessing the entire evidence on record,
this Court is of the view that claimants though have
claimed that deceased was earning Rs.25,000/- p.m., no
documents are produced to substantiate the income of the
deceased. In absence of income proof, Tribunal erred in
notionally assessing the income of the deceased at
Rs.7,500/-. This Court in absence of income proof is
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C/W MFA.CROB No. 200021 of 2019
inclined to assess the income of the deceased by relying
on the income chart prepared by the Legal Services
Authority. Accident is of the year 2016 and therefore,
income is assessed at Rs.8,750/-. 40% is added towards
future prospects. After adding 40%, the income of the
deceased is notionally assessed at Rs.12,250/-. Deceased
was admittedly a bachelor and therefore, 50% is deducted
towards his personal expenses. After deducting 50%,
income is taken at Rs.6,125/- and the proper multiplier
applicable is 18. The compensation re-determined by this
Court under the head 'loss of dependency' works out to
Rs.13,23,000/- (6,125x12x18).
4. Under conventional heads, only mother is
entitled and therefore, Rs.70,000/- is awarded. The
accident is of year 2016. Therefore, in the light of dictum
laid down by the Hon'ble Apex Court in the case of
National Insurance Co. Ltd., vs. Pranay Sethi and
Ors. , 10% escalation has to be considered on
2017 ACJ 2700 SC
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C/W MFA.CROB No. 200021 of 2019
Rs.70,000/- for every three years and an additional
amount of Rs.14,000/- is added. The total compensation
re-determined by this Court works out to Rs.14,07,000/-
as against Rs.11,84,000/- awarded by the Tribunal.
5. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The appeal filed by the Corporation in
MFA.No.202317/2018 is dismissed.
MFA.Crob.No.200021/2019 filed by the claimants
is allowed-in-part;
(ii) The judgment and award passed by the
Tribunal in MVC.No.37/2017 is modified;
(iii) The appellants are entitled to enhanced
compensation of Rs.2,23,000/- which shall carry
interest at the rate of 6% per annum from the
date of petition till realization;
(iv) However, it is made clear that
claimants are not entitled for interest for a
period of 250 days;
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C/W MFA.CROB No. 200021 of 2019
(v) The amount in deposit, if any, shall be
remitted to the Tribunal to enable the claimants
to withdraw the same.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
