Karnataka High Court
Sevanti @ Sevatabai And Ors vs Navanath And Anr on 25 October, 2024
-1-
NC: 2024:KHC-K:7866
MFA No. 201944 of 2018
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.201944 OF 2018 (MV-D)
BETWEEN:
1. SEVANTI @ SEVATABAI
W/O NAKASING PAWAR
AGE:28 YEARS, OCC:HOUSEHOLD WORK,
2. KUMARI SEMLIBAI
D/O NAKASINGH PAWAR
AGE:14 YEARS, OCC:STUDENT,
3. KUMARI NANIBAI
D/O NAKASINGH PAWAR
AGE:11 YEARS,A OCC:STUDENT,
4. KUMAR DADUSINGH
Digitally signed by S/O NAKASING PAWAR
RENUKA AGE:9 YEARS, OCC:STUDENT,
Location: HIGH
COURT OF
KARNATAKA 5. KISANSING S/O PAHADYA PAWAR
AGE:64 YEARS, OCC:HH WORK
6. SURALI W/O KISANSINGH PAWAR
AGE: 58 YRS OCC: H.H.WORK
ALL ARE R/O SATTIPANI,
TQ:BHULANE,
DIST: NANDURBAR,
NOW RESIDING AT TAKKE ATHANI ROAD,
VIJAYAPUR -586101.
(APPELLANTS NO.2 TO 4 ARE MINORS
REPRESENTED BY THEIR NATURAL GUARDIAN
-2-
NC: 2024:KHC-K:7866
MFA No. 201944 of 2018
MOTHER APPELLANT NO.1)
...APPELLANTS
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
1. NAVANATH
S/O BHAGAWAN MATE,
AGE: 48 YRS OCC: BUSINESS,
R/O BHEND TQ:MADHAD,
DIST: SOLAPUR-413001
(MAHARASHTRA STATE)
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE COMPANY LTD,
SANGAM BUILDING,
S.S. FRONT ROAD,
VIJAYAPUR-586101.
...RESPONDENTS
(BY SRI. KOUJALAGI C. L., ADVOCATE FOR R1;
SRI. SUDARSHAN M., ADVOCATE FOR R2)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 05.01.2018
PASSED IN MVC NO.495/2015 ON THE FILE OF IV ADDL. DIST.
JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL
NO.XIII, VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE
COMPENSATION AMOUNT OF RS.8,52,000/- ONLY AS CLAIMED
BY THE APPELLANTS BEFORE THIS HON BLE COURT; THE
APPELLANTS HAV ALSO CHALLENGING THE 50%
CONTRIBUTORY NEGLIGENT ON THE PART OF THE
MOTORCYCLE FIXED BY THE TRIBUNAL; ORDER FOR COSTS OF
THIS APPEAL.
-3-
NC: 2024:KHC-K:7866
MFA No. 201944 of 2018
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 appellants have filed this appeal challenging
quantum and negligence determined by the Tribunal in
MVC No.495/2015. Appellants filed a claim petition for
having lost one Nakasing Pawar in a road traffic accident
dated 21.12.2014.
2. The appellants contended that deceased was
proceeding as a pillion rider and on account of rash and
negligent driving on the part of offending goods vehicle,
appellants' claimed that Nakasingh Pawar sustained
multiple grievous injuries and succumbed to the same.
Hence, filed a claim petition seeking compensation alleging
that deceased was hardly aged 29 years and was earning
Rs.9,000/- per month.
NC: 2024:KHC-K:7866
3. The Tribunal while answering issue No.2 held
that rider of the bike was negligent to an extent of 50%
and while determining loss of dependency, Tribunal
assessed the income of deceased at Rs.7,000/- per month
by denying future prospects. By denying future prospects,
Tribunal awarded a sum of Rs.10,08,000/- under the head
of loss of dependency. Questioning negligence of 50% on
the rider of bike and inadequate compensation, this appeal
is filed.
4. Heard the learned counsel appearing for
appellants and learned counsel appearing for respondent -
Insurance Company. Perused the records.
5. This Court in connected appeal in MFA
No.201943/2018 has modified the negligence in the ratio
of 30:70 i.e., 30% on the rider of bike and 70% on the
driver of the offending goods vehicle.
6. Now coming to quantum, this Court has noticed
that Tribunal erred in not adding future prospects while
NC: 2024:KHC-K:7866
determining compensation under the head of loss of
dependency. The appellants have not substantiated the
actual income of the deceased. In the absence of income
proof, this Court is inclined to assess the income at
Rs.7,500/- per month as the accident is of the year 2015.
By adding 40% of the income, income is assessed at
Rs.10,500/- per month. After deducting 1/4th, income is
assessed at Rs.7,875/- and by applying multiplier of 16,
compensation under the head of loss of dependency is re-
determined at Rs.15,12,000/- [Rs.7,500+40%=
Rs.10,500-(1/4th)=Rs.7,875x12x16].
7. Since there are six dependents, a sum of
Rs.2,40,000/- is awarded under conventional heads and
Rs.30,000/- is awarded under the head of funeral
expenses and loss of estate. By extending the benefit of
escalation at the rate of 10% for every three years in the
light of principles laid down by the Apex Court in the case
of National Insurance Company Ltd. vs. Pranay
NC: 2024:KHC-K:7866
Sethi1, an additional sum of Rs.54,000/- is paid on the
conventional head at Rs.2,70,000/-. Accordingly,
claimants are entitled for enhanced compensation of
Rs.18,36,000/- as against Rs.10,78,000/- awarded by the
Tribunal.
8. In the light of the discussion made supra,
following order is passed:
ORDER
a) Appeal is allowed in part.
b) Appellants/claimants are entitled for enhanced
compensation of Rs.7,58,000/- with interest at
the rate of 6% per annum from the date of
claim petition till its realization.
c) Respondent No.2 - Insurance Company shall
satisfy the entire compensation amount and
recover 30% of the compensation amount from
the owner of the bike.
(2017) 16 SCC 680
NC: 2024:KHC-K:7866
d) The apportionment shall be made as per the
order of the Tribunal
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
SRT
CT-SW
