Karnataka High Court
Manik And Ors vs The Managing Director on 25 October, 2024
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NC: 2024:KHC-K:7963
MFA No. 201844 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 201844 OF 2019 (MV-D)
BETWEEN:
1. MANIK
S/O SHANKAR ADE
AGED ABOUT 46 YEARS
OCC: COOLIE
2. SHANUBAI W/O MANIK ADE
AGED ABOUT 44 YEARS
OCC: HOUSEHOLD
3. PAVAN S/O MANIK ADE
AGED ABOUT 22 YEARS
OCC: STUDENT
4. SUSHMITA D/O MANIK ADE
AGED ABOUT 20 YEARS
Digitally signed by OCC: STUDENT
RENUKA
Location: HIGH
COURT OF ALL ARE R/O VILLAGE HATYAL THANDA
KARNATAKA TQ. BASAVAKALYAN, DIST. BIDAR.
...APPELLANTS
(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
N.E.K.R.C. BIDAR DIVISION
BIDAR, (OWNER & CONTROLLING
AUTHORITY OF BUS BEARING
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MFA No. 201844 of 2019
REGN. NO.KA-38/F-0696)
DIST. BIDAR-586 101.
...RESPONDENT
(BY SRI. SUDHIRSING R. VIJAPUR, ADVOCATE)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORD, MODIFY THE JUDGMENT AND AWARD
DATED 31.03.2018 PASSED BY THE II ADDL.DIST. AND
SESSIONS COURT AND ADDL.MACT BIDAR SITTING AT
BASAVAKALYAN, IN MVC NO.243/2017, AND ENHANCE THE
COMPENSATION AMOUNT WITH COST, IN THE INTEREST OF
JUSTICE AND EQUITY.
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 filed by the claimants
questioning the quantum determined in
MVC.No.243/2017.
2. The claimants filed claim petition for having lost
one Praveen in a road traffic accident that took place on
10.12.2016. It is contended that the deceased was
working as a Mason and earning Rs.1,500/- per day. The
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claimants herein are the parents and siblings of the
deceased.
3. The Tribunal in absence of income proof,
assessed the income of the deceased at Rs.7,000/- per
month and by deducting 50% towards personal expenses
and applying the multiplier 18 awarded a sum of
Rs.7,56,000/- towards loss of dependency. Under
conventional heads, a sum of Rs.70,000/- is awarded.
Thus, in all a sum of Rs.8,26,000/- is awarded by the
Tribunal with interest at the rate of 9% P.A. from the date
of petition till realization.
4. Heard the learned counsel on record. Perused
the judgment.
5. Though appellants have claimed that the
deceased was earning Rs.1,500/- per day by doing Mason
work, no documentary evidence is produced to
substantiate his income. In the absence of income proof,
the Tribunal has assessed the notional income at
Rs.7,000/- per month. However, this Court is inclined to
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rely on the chart prepared by the Legal Services Authority,
and accordingly, the income is assessed at Rs.8,750/-.
Adding 40% towards future prospects and deducting 50%
towards personal expenses as the deceased was a
bachelor, the total income is assessed at Rs.6,125/-.
Applying multiplier 18, compensation payable under the
head of loss of dependency is determined at
Rs.13,23,000/-.
6. Only parents can be regarded as dependants.
Accordingly, Rs.80,000/- is awarded under the head of
loss of filial consortium and Rs.30,000/- towards loss of
estate and funeral expenses. Thus, Rs.1,10,000/- is
awarded under conventional heads. The accident is of the
year 2016. 10% needs to be added under conventional
heads by applying the principle laid down by the Apex
Court in the case of National Insurance Co. Ltd., vs.
Pranay Sethi and Ors1. Accordingly, additional amount
of Rs.22,000/- is added under the conventional heads,
which works out to Rs.1,10,000/- + 22,000/- =
2017 ACJ 2700 SC
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Rs.1,32,000/-. Hence, the total compensation re-
determined by this Court works out Rs.14,55,000/- as
against Rs.8,26,000/- awarded by the Tribunal. The
enhanced compensation works out to Rs.6,29,000/-. Thus,
appellants are held entitled to enhanced compensation of
Rs.6,29,000/- with interest at the rate of 6% p.a. from the
date of petition till the date of realization.
7. Accordingly, this Court proceeds to pass the
following:
ORDER
(i) The appeal is allowed in part;
(ii) The judgment and award dated 31.3.2018
passed by the Tribunal in MVC.No.243/2017 is
hereby modified;
(iii) The appellants are held entitled to
enhanced compensation of Rs.6,29,000/- with
interest at the rate of 6% p.a. from the date of
petition till the date of realization.
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(iv) The apportionment shall be made in terms
of the order of the Tribunal;
(v) The amount in deposit, if any, shall be
remitted to the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
alb/RSP
