Karnataka High Court
Dhanapal vs Latheef Khan H. A on 25 October, 2024
-1-
NC: 2024:KHC:43155
MFA No. 319 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 319 OF 2021 (MV-D)
BETWEEN:
1. DHANAPAL,
S/O.LATE JAIPALAPPA,
AGED ABOUT 38 YEARS,
2. SARASWATHI
W/O DHANAPAL,
NOW AGED ABOUT 33 YEARS,
3. THANUJA
D/O DHANAPAL,
NOW AGED ABOUT 15 YEARS,
NOTE: APPELLANT NO. 3 IS SINCE
MINOR REP BY HER N/G FATHER i.e.
R/AT PATREHALLI VILLAGE,
Digitally signed by
AASEEFA PARVEEN APPELLANT NO.1.
Location: HIGH ALL ARE R/AT PATREHALLI VILLAGE,
COURT OF HIRIYUR TALUK,
KARNATAKA
CHITRADURGA DISTRICT-577 599.
...APPELLANTS
(BY SRI. RANGEGOWDA N. R.,ADVOCATE)
AND:
1. LATHEEF KHAN H. A.,
AGED MAJOR, R/AT NO.36,
HUNASEHALLI, SIRA TALUK,
TUMKUR DISTRICT.
-2-
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MFA No. 319 of 2021
2. THE BRANCH MANAGER,
BRANCH OFFICE,
NATIONAL INSURANCE CO LTD.,
B. M. COMPLEX, LAXMI BAZAR,
CHITRADURGA-577501
3. KAKAPPA,
S/O THIMMAPPA,
AGED MAJOR,
R/O PALAVVANAHALLI VILLAGE
AND POST, BELAGUTHI HOBLI,
HONNALI TALUK,
DAVANAGERE DISTRICT.
...RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR
SRI. B. PRADEEP, ADVOCATE FOR R2;
R3- SERVED AND UNREPRESENTED;
V/O. DATED 07.03.2023, NOTICE TO R1 DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.06.2020 PASSED IN
MVC NO.942/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND MACT AT HIRIYUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Rangegowda N.R., learned counsel for the
appellants as well as Sri.Mallikarjuna Reddy, learned
counsel who represents Sri.B.Pradeep, learned counsel on
record for respondent No.2.
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2. The appellants, aggrieved by the death of
deceased Lakshmi who was aged about 11 years by the
date of accident, moved an application claiming
compensation. The Motor Accidents Claims Tribunal,
Hiriyur which dealt with the matter as MVC No.942/2017
rendered orders on 16.6.2020 awarding a sum of
Rs.2,65,000/- as compensation. Dissatisfied with the
same, the appellants are before this Court.
3. Sri.Rangegowda N.R., arguing the matter
submits that the first appellant is the father, the second
appellant is the mother and third appellant is the sister of
the deceased Lakshmi. Deceased Lakshmi was studying
6th standard by the date of accident. The Tribunal having
considered the evidence produced, awarded a sum of
Rs.2,65,000/- as compensation. However the said amount
and award are not justifiable. Learned counsel submits
that for the age group between 10 to 15 years, the
compensation that is required to be awarded is
Rs.5,00,000/-. Learned counsel places reliance upon the
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decision of the Hon'ble Apex Court in the case of Kishan
Gopal and Another Vs. Lala and Others reported in 2013
AIR SCW 5037. In the said decision, discussing different
facets of claims for compensation, the Hon'ble Apex Court
at para 18 of the judgment held as under:.
"Thus, a total sum of Rs.1,57,000/- was
awarded in that case. After noting the submission
made on behalf of TISCO in the said case that the
compensation determined for the children of all
age groups could be double as in its view the
determination made was grossly inadequate and
the observation was further made that loss of
children is irrecoupable and no amount of money
could compensate the parents. Having regard to
the environment from which the children referred
to in that case were brought up, their parents
being reasonably well-placed officials of TISCO, it
was directed that the compensation amount for
the children between the age group of 5 to 10
years should be three times. In other words, it
should be Rs.1.5 lakhs to which under the
conventional heads a sum of Rs.50,000/- should
be added and thus total amount in each case
would be Rs.2 lakhs. Further, in the case referred
to supra it has observed that in so far as the
children of age group between 10 to 15 years are
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concerned, they are all students of Class VI to
Class X and are children of employees of TISCO
and one of the children was employed in the
Company in the said case having regard to the
fact the contribution of the deceased child was
taken Rs.12,000/- p.a. appears to be on the lower
side and held that the contribution of such
children should be Rs.24,000/- p.a. In our
considered view, the aforesaid legal principle laid
down in Lata Wadhwa's case with all fours is
applicable to the facts and circumstances of the
case in hand having regard to the fact that the
deceased was 10 years' old, who was assisting
the appellants in their agricultural occupation
which is an undisputed fact. We have also
considered the fact that the rupee value has come
down drastically from the year 1994, when the
notional income of the non- earning member prior
to the date of accident was fixed at Rs.15,000/-.
Further, the deceased boy, had he been alive
would have certainly contributed substantially to
the family of the appellants by working hard. In
view of the aforesaid reasons, it would be just
and reasonable for us to take his notional income
at Rs.30,000/- and further taking the young age
of the parents, namely the mother who was about
36 years old, at the time of accident, by applying
the legal principles laid down in the case of Sarla
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Verma v. Delhi Transport Corporation[3], the
multiplier of 15 can be applied to the
multiplicand. Thus, 30,000 x 15 = 4,50,000 and
50,000/- under conventional heads towards loss
of love and affection, funeral expenses, last rites
as held in Kerala SRTC v. Susamma Thomas[4],
which is referred to in Lata Wadhwa's case and
the said amount under the conventional heads is
awarded even in relation to the death of children
between 10 to 15 years old. In this case also we
award Rs.50,000/- under conventional heads. In
our view, for the aforesaid reasons the said
amount would be fair, just and reasonable
compensation to be awarded in favour of the
appellants."
4. Sri.Mallikarjuna Reddy, learned counsel who
represents respondent No.2 seeks the Court to pass
necessary orders.
5. The Tribunal awarded a sum of Rs.50,000/-
under the head loss of love and affection, Rs.15,000/-
towards funeral, obsequies and miscellaneous expenses
and Rs.2,00,000/- under the head "others". The decision
that is relied upon by the learned counsel for the
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appellants which is referred supra aptly applies to the facts
of the case on hand. Therefore, this Court is of the view
that the appellants are required to be awarded a sum of
Rs.5,00,000/- as compensation which includes all heads
including conventional heads.
6. 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
Accidents Claims Tribunal, Hiriyur, through orders in MVC
No.942/2017 dated 16.06.2020 is enhanced from
Rs.2,65,000/- to Rs.5,00,000/-.
iii) The enhanced sum shall carry interest at the rate
of 6% per annum from the date of petition till the date of
deposit.
iv) The second respondent is directed to deposit the
enhanced sum within a period of eight weeks from the
date of receipt of copy of this order.
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v) The apportionment made by the Tribunal applies
to the enhanced sum as well.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
