Karnataka High Court
Shantamma And Ors vs Md. Ismal Basha And Ors on 24 October, 2024
-1-
NC: 2024:KHC-K:7832
MFA No. 201833 of 2017
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.201833 OF 2017 (MV-D)
BETWEEN:
1. SHANTHAMMA
W/O SHARANAPPA,
AGE: 26 YEARS,
OCC: HOUSEHOLD WORK,
2. SEVANTHI D/O SHARANAPPA,
AGE: 5 YEARS, OCC: NIL,
3. KARTHIK S/O SHARANAPPA,
AGE: 3 YEARS, OCC:NIL,
ALL ARE R/O CHITRANAL,
Digitally signed TQ. LINGASUGUR, DIST: RAICHUR,
by RENUKA NOW R/O C/O CHASKARRAJ
AMBABHAVANI STREET,
Location: HIGH
COURT OF NEAR CONVENT SCHOOL,
KARNATAKA STATION AREA, RAICHUR-584101.
(APPELLANTS NO.2 AND 3 ARE MINORS,
REPRESENTED BY THEIR NATURAL
MOTHER APPELLANT NO.1 AS MINOR GURDIAN).
...APPELLANTS
(BY SRI BIRADAR VIRANAGOUDA, ADVOCATE)
-2-
NC: 2024:KHC-K:7832
MFA No. 201833 of 2017
AND:
1. MD. ISMAIL BASHA
@ IBRAHIM BASHA,
S/O MD. JAFFAR, AGE: 44 YEARS,
OCC: BUSINESS, RIDER OF MOTOR CYCLE
BEARING REG. NO.KA-34-EC-4974,
R/O WARD NO.2, H.NO.32, NALAGADDA,
(AMBLIBAGH) BELLARY-583101.
2. MOHAMMED ASLAM KHAN
S/O MOHAMMED KHAN, AGE: MAJOR,
OCC: BUSINESS, OWNER OF MOTOR CYCLE
BEARING REG.NO.KA-34 EC-4974,
R/O WARD NO.2, H.NO.15,
KHADRIYA MOSQUE STREE,
NALAGADDA,
BELLARY-583101.
3. THE BRANCH MANGER,
ORIENTAL INSURANCE CO. LTD.
1ST FLOOR, KHATKAM COMPLEX,
CITY TALKIES ROAD, RAICHUR-584101.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R3;
V/O DT.5.12.2017, NOTICE TO R1 & R2 ARE DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PLEASED TO
ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND
AWARD DATED 26.11.2016 PASSED BY THE II ADDL. DISTRICT
AND SESSIONS JUDGE AND (MACT), RAICHUR IN MVC
NO.66/2016 AND AWARD COMPENSATION AS CLAIMED IN THE
CLAIM PETITION.
-3-
NC: 2024:KHC-K:7832
MFA No. 201833 of 2017
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)
The captioned appeal is by the claimants, who have
questioned the compensation determined by the Tribunal
while awarding loss of dependency. Respondent
No.3/Insurance Company admits its liability. The appeal is
purely on quantum.
2. The claimants filed a claim petition for having
lost one Sharanappa S/o Adiveppa in a road traffic
accident dated 12.05.2015. The Tribunal has awarded a
sum of Rs.12,24,000/- under the head of loss of
dependency by assessing the income of the deceased at
Rs.9,000/- per month. The Tribunal has not considered
future prospects while determining loss of dependency.
NC: 2024:KHC-K:7832
3. On re-assessing the material on record, this
Court has noticed that the Tribunal has not considered
future prospects while determining compensation under
the head of loss of dependency. Admittedly, the deceased
was aged 28 years and was working as a lorry driver,
which is evidenced from Ex.P.5, which is a driving license
extract. By assessing the income of the deceased at
Rs.9,000/- per month, this Court deems it fit to add 40%
towards future prospects. The income of the deceased is
assessed at Rs.12,600/- per month. After deducting 1/3rd,
the income is assessed at Rs.8,400/- per month and by
applying a multiplier of 17, the compensation payable
under the head of loss of dependency works out to
Rs.17,13,600/-. Under conventional heads, the claimants
are entitled for Rs.1,80,000/-. The total compensation re-
determined by this Court works out to Rs.18,93,600/-.
4. In the light of findings recorded supra, this
Court passes the following:
NC: 2024:KHC-K:7832
ORDER
i. The appeal is allowed in part.
ii. The claimants are entitled for enhanced
compensation of Rs.4,19,600/- with
interest at the rate of 6% per annum from
the date of petition till its realization.
iii. The enhanced amount shall be apportioned
in terms of the judgment rendered by the
Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
