Karnataka High Court
Smt. Pratibha W/O Hanumant Tikare vs Yallangouda S/O Hanamantagouda ... on 25 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:15598-DB
MFA No. 104395 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 104395 OF 2023 (MV-D)
BETWEEN:
1. SMT. PRATIBHA
W/O. HANUMANT TIKARE,
AGE 37 YEARS,
OCC. HOUSEHOLD WORK.
2. KUMARI SAHANA
D/O. HANUMANT TIKARE,
AGE 19 YEARS, OCC. STUDENT.
3. KUMAR VIKAS
S/O. HANUMANT TIKARE,
AGE 15 YEARS, OCC. STUDENT.
Digitally signed
by JAGADISH T
R
Location: High 4. KUMARI GAYATRI
Court of
Karnataka, D/O. HANUMANT TIKARE,
Dharwad Bench
AGE 12 YEARS, OCC. STUDENT.
5. SMT SHARADA
W/O. VIRUPANNA TIKARE,
AGE 67 YEARS,
OCC. HOUSEHOLD WORK,
R/O. ALAWANDI,
TQ. KOPPAL, NOW AT NOW ALL
ARE RESIDING AT R/O. PETH
BAN LAXMESHWAR,
TQ. LAXMESHWAR,
DIST GADAG-582116.
THE APPELLANT NO. 3 AND 4
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NC: 2024:KHC-D:15598-DB
MFA No. 104395 of 2023
ARE MINORS R/BY THEIR NATURAL
GUARDIAN MOTHER AS APPAELLANT
NO. 1 SMT. PRATIBHA.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. YALLANGOUDA
S/O. HANAMANTAGOUDA CHAKALABBI,
AGE MAJOR, OCC. BUSINESS,
R/O. KUNDRALLI, TQ. LAXMESHWAR,
DIST. GADAG 582116.
2. THE MANAGER,
HDFC ERGO GENERAL INSURANCE CO. LTD.,
1ST FLOOR, VIRUPAKSHA KRUPA,
OPP. KIMS, MAIN GATE,
P.B.ROAD, VIDYANAGAR,
HUBBALLI,
DIST. DHARWAD 580021.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY BY ENHANCING THE
COMPENSATION OF THE JUDGMENT AND AWARD PASSED BY THE
COURT OF THE SENIOR CIVIL JUDGE AND JMFC LAXMESHWAR IN
MVC NO.123/2021, DATED 21.12.2022 AND ALLOW THE APPEAL IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2024:KHC-D:15598-DB
MFA No. 104395 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
This appeal is filed by the claimants aggrieved by the
judgment and award dated 21.12.2022 passed in M.V.C.
No.123/2021 on the file of the learned Senior Civil Judge and
JMFC, Laxmeshwar, whereby the Tribunal awarded a sum of
Rs.13,35,000/- as compensation.
2. For the sake of convenience, the parties are
referred to as per their rankings before the Tribunal.
3. Brief facts of the claimants' case before the Tribunal
are as under:
The claimants filed a claim petition under Section 166 of
the Motor Vehicles Act, 1988 before the Tribunal seeking
compensation on account of death of Hanumantha Tikare in a
road traffic accident that took place on 20.01.2021 at about
4.30 to 5:00 p.m., when the deceased Hanumantha was
proceeding towards Laxmeshwar from Alawandi along with one
Virupaksha Gouda in a motorcycle bearing registration No.KA-
26-R-0078 and when they reached near Kanavi Durgamma
Temple, at that time, the driver of Tata Ace bearing registration
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No.KA-25-C-5764 came from opposite direction in a high speed
rash and negligent manner and having lost control over the
vehicle, dashed against the motorcycle of the deceased, as a
result of which, the deceased fell down, sustained grievous
injuries and succumbed to the same at the spot. The deceased
was aged about 40 years, doing tailoring work and earning a
sum of Rs.20,000/- per month.
4. After service of notice before the Tribunal, the
respondent/Insurer resisted the claim petition by filing written
statement and denied all averments made in the claim petition.
5. The Tribunal considering the evidence on record at
Exs.P1 to P14, oral evidence of PW1 and PW2, RW1 and Exs.R1
& R2, granted total compensation of Rs.13,35,000/- with
interest at 9% per annum from the date of petition till its
realization.
6. Learned counsel for the appellants/claimants
submits that the Tribunal committed an error in assessing the
income of the deceased at Rs.10,000/- per month, inasmuch as
the deceased was doing tailoring work and earning a sum of
Rs.20,000/- per month. The Tribunal also committed an error
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in not awarding any compensation towards loss of future
prospects of the deceased, which the claimants would be
entitled to 25% of the assessed income in terms of decision of
the Hon'ble Apex Court in the case of National Insurance
Company Limited Vs. Pranay Sethi & Others1. He further
submitted that the compensation awarded by the Tribunal
under the conventional heads is also on the lower side. Thus,
he prays for allowing the appeal by enhancing the
compensation reasonably.
7. Per contra, learned counsel for the
respondent/insurer supports the impugned judgment and
award of the Tribunal and submits that considering the oral and
documentary evidence on record, the Tribunal awarded just
and reasonable compensation under each heads, which does
not call for interference at the hands of this Court. Thus, he
prays for dismissal of the appeal.
8. Having heard the learned counsel for the parties
and on perusal of the appeal papers, the only point that would
arises for our consideration in this appeal is:
(2017) 16 SCC 680
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"Whether the quantum of compensation awarded by
the Tribunal is just and reasonable or does it call for
enhancement?"
9. There is no dispute with regard to the occurrence of
the accident on 20.01.2021, due to rash and negligent driving
of driver of Tata ACE bearing registration No.KA-25/C-5764,
resulting in death of deceased Hanumantha. The Tribunal
assessed the notional income of the deceased at Rs.10,000/-
per month, which is on the meager side. The accident is of the
year 2021. No documentary evidence is placed on record with
regard to income of the deceased. In the absence of any proof
of income, taking note of Circular issued by the Karnataka
State Legal Services Authority as well as High Court Legal
Services Committee, Dharwad, we deem it appropriate to re-
assess the notional income of the deceased at Rs.14,250/- per
month.
10. The deceased was aged about 41 years at the time
of the accident. The respondents have not disputed this aspect.
As per decision of the Hon'ble Apex Court in the case of Sarala
Verma & Others Vs. Delhi Transport Corporation &
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Another2, multiplier applicable to the age of the deceased is
'14'.
11. The deceased Hanumanth died leaving behind his
wife, children and mother and therefore, appropriate deduction
towards personal expenses of the deceased would be 1/4th. The
Tribunal has not considered the future prospects of the
deceased. As per the principles of law laid down by the Hon'ble
Apex Court in the case of Pranay Sethi supra, 25% of the
assessed income has to be added towards future prospects.
Thus, loss of dependency is reckoned as under:
Rs.14,250 + 25%(Rs.3,562.5) = 17,812.5 x ¼ = Rs.4453
Rs.17,812.5-Rs.4,453=Rs.13,359.5 x 12 x 14 = Rs.22,44,396
12. The Tribunal has committed an error in not
awarding fair compensation under the head of loss of
consortium, loss of estate and funeral expenses. As per the
judgment rendered by the Hon'ble Apex Court in the case of
Magma General Insurance Company Limited Vs Nanu
Ram @ Churu Ram & Others3 and Pranay Sethi supra, the
claimants are entitled to Rs.44,000/- each towards loss of
2009 ACJ 1298
2018 (18) SCC 130
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consortium, Rs.16,500/- towards loss of estate and
Rs.16,500/- towards funeral expenses including 10%
escalation. Thus, in all, the claimants are entitled to modified
compensation as under:
Loss of dependency Rs.22,44,396/-
Loss of consortium (Rs.44000x5) Rs. 2,20,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
------------------
Total Rs.24,97,396/-
Rounded off to Rs.24,97,400/-
------------------
13. Thus, the claimants are entitled to total
compensation of Rs.24,97,400/- as against Rs.13,35,000/-
awarded by the Tribunal.
14. In the result, we pass the following:
ORDER
a) The appeal filed by the claimants is allowed
in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants are entitled to total compensation
of Rs.24,97,400/- as against
Rs.13,35,000/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till realization.
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d) Respondent/Insurer shall deposit the
enhanced compensation with accrued interest
before the Tribunal within six weeks from the
date of receipt of copy of this judgment.
e) Draw modified award accordingly.
f) Registry is directed to send a copy of this
judgment to the Tribunal forthwith.
g) No order as to costs.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
JTR/ct-an
