Smt. Amtul Majeed vs Sanjay Kumar S/O Indrasen And Anr
2024 Latest Caselaw 25481 Kant

Citation : 2024 Latest Caselaw 25481 Kant
Judgement Date : 25 October, 2024

Karnataka High Court

Smt. Amtul Majeed vs Sanjay Kumar S/O Indrasen And Anr on 25 October, 2024

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                                                        NC: 2024:KHC-K:7904
                                                  MFA No. 200218 of 2020




                            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. 200218 OF 2020 (MV-D)

                 BETWEEN:

                 1.   SMT. AMTUL MAJEED
                      W/O NAZEER AHMED
                      AGED 51 YEARS
                      OCC: HOUSEHOLD
                      R/AT H.NO.3-298, GAZIPURA
                      KALABURAGI
                      TQ AND DIST. KALABURAGI-585 102
                                                               ...APPELLANT

                 (BY SRI. B.C. JAKA, ADVOCATE)

                 AND:
Digitally signed
by RENUKA        1.   SANJAY KUMAR S/O INDRASEN
Location: HIGH        AGE MAJOR
COURT OF              OCC: OWNER OF THE VEHICLE
KARNATAKA             BEARING REG.NO.KA-32/B-2977
                      R/O. H.NO. 1542/5, RING ROAD
                      BHAVANI NAGAR, KALABURAGI-585 103

                 2.   THE UNITED INDIA INSURANCE CO. LTD.
                      THROUGH ITS DIVISIONAL MANAGER
                      DIVISIONAL OFFICE, 3RD FLOOR
                      CENTURY COMPLEX, OPP: SANGAM THEATER
                      SUPER MARKET
                      KALABURAGI-585 102.
                                                          ...RESPONDENTS

                 (BY SRI. S.S. ASPALLI, ADVOCATE FOR R2;
                     NOTICE TO R1 IS DISPENSED WITH V/O/D 05.01.2021)
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                                           NC: 2024:KHC-K:7904
                                      MFA No. 200218 of 2020




      THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE IMPUGNED JUDGMENT
AND AWARD DATED 09.07.2018 PASSED BY THE PRL. SENIOR
CIVIL JUDGE AND MACT, KALABURAGI IN MVC NO.602/2017
AND    CONSEQUENTLY        BE    PLASED   TO   ENHANCE      THE
COMPENSATION OF RS.10,11,600/- WITH INTEREST @ 12%
PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL
REALIZATION, 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 by the claimant feeling

aggrieved by the compensation determined by the

Tribunal in MVC.No.602/2017. Liability is admitted by the

respondent No.2/Insurance company. Therefore, the

appeal is purely on quantum.

2. The appellant herein who is the mother filed a

claim petition for having lost her daughter in a road traffic

NC: 2024:KHC-K:7904

accident dated 24.08.2016. Deceased was pursuing her

Masters degree in M.Sc. The Tribunal by notionally

assessing the income of the deceased at Rs.7,000/- and

by adding 40% towards future prospects has awarded

compensation of Rs.10,58,400/- under the head 'loss of

dependency' and Rs.30,000/- under conventional heads.

The said judgment is under challenge.

3. Upon reviewing the records, it is noted that the

deceased was actively pursuing a Master's degree in

Science (M.Sc.), indicating her commitment to advancing

her education and expertise in her chosen field. While a

student's income during postgraduate studies cannot be

precisely determined, the deceased's academic

qualifications suggest promising career prospects upon

completion of her degree. Her commitment to obtaining a

specialized qualification in science implies she was on a

path towards a more lucrative and stable career, aligning

with the market demand for advanced science graduates.

NC: 2024:KHC-K:7904

4. According to the Legal Services Authority's

income chart for 2016, the notional income benchmark in

absence of income proof in unorganized sector is pegged

at Rs.8,750 per month. Recognizing her potential for

future growth, this Court reasonably assesses her monthly

income at Rs.9,000/-. Adding a 40% increment to account

for future prospects, her income is notionally determined

to be Rs.12,600/- per month.

5. As the deceased was unmarried, it is

appropriate to deduct 50% towards personal expenses.

This results in a monthly income of Rs.6,300/- for

dependency calculation purposes. Applying a multiplier of

18, the total compensation payable for 'loss of

dependency' is calculated at Rs.13,60,800/- (6,300 x 12 x

18). This assessment reflects her educational attainment

and the substantial earning potential she would likely have

realized had her life not been tragically cut short.

6. The appellant being a single parent is entitled

for Rs.70,000/- under conventional heads. The accident is

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of year 2016. Therefore, an additional amount of

Rs.14,000/- at the rate of 10% for every three years is

added in terms of the dictum laid down by the Hon'ble

Apex Court in the case of National Insurance Co. Ltd.,

vs. Pranay Sethi and Ors.1. The total compensation re-

determined by this Court works out to Rs.14,44,800/- as

against Rs.10,88,400/- awarded by the Tribunal.

7. For the foregoing reasons, this Court proceeds

to pass the following:

ORDER

(i) The appeal is allowed in part;

(ii) The judgment and award passed by the Tribunal in MVC.No.602/2017 is modified;

(iii) The appellant is entitled to enhanced compensation of Rs.3,56,400/- which shall carry interest at the rate of 6% per annum from the date of petition till realization;