Karnataka High Court
The Branch Manager vs Smt Malkamma And Ors on 28 October, 2024
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MFA No. 202159 of 2018
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MFA No. 202118 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 202159 OF 2018 (MV-D)
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MISCL. FIRST APPEAL NO. 202118 OF 2019 (MV-D)
IN MFA No. 202159/2018
BETWEEN:
1. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD.
DIVISIONAL OFFICE, S.B. TEMPLE RAOD
SANGAMESHWAR COLONY
KALABURAGI-585 103
PRESENTLY REPRSNTD. BY
SR. DIVISIONAL MANAGER
THROUGH AUTHORISED SIGNATORY
...APPELLANT
Digitally signed by (BY SRI. UDAY P. HONGUNTIKAR, ADVOCATE)
RENUKA
Location: HIGH
COURT OF AND:
KARNATAKA
1. SMT. MALKAMMA
W/O DEVENDRAPPA
AGE: 55 YEARS
OCC: HOUSEHOLD
R/O TEGALTIPPI VILLAGE
TQ:CHINCHOLI, DIST: KALABURAGI
NOW RESIDING AT
SANNUR VILLAGE
TQ & DIST: KALABURAGI-585 102
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MFA No. 202159 of 2018
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MFA No. 202118 of 2019
2. DEVENDRAPPA S/O HANMANTHRAO
AGE: 57 YEARS
OCC: NIL
R/O TEGALTIPPI VILLAGE
TQ:CHINCHOLI, DIST: KALABURAGI
NOW RESIDINT AT
SANNUR VILLAGE
TQ & DIST: KALABURAGI-585 102
3. M/S SREE SRINIVASA CEMENT CARRIERS
R/O H.NO.12-2-12/1
SHOP NO.2, SWARNA ENCLAVE
MOOSPET, SERILINGAMPALLY
HYDERABAD, TELANGANA
REPRESENTED BY ITS AUTHORIZED OFFICER
PIN CODE-500 001.
...RESPONDENTS
(BY SRI. KRUPA SAGAR PATIL, ADVOCATE FOR R1 AND R2;
R3 - SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS IN MVC NO.541/2016 ON THE FILE OF
THE PRL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI
DATED-02.07.2018 AND SET ASIDE THE JUDGMENT AND
AWARD DATED-02.07.2018 PASSED BY THE PRL. SENIOR CIVIL
JUDGE AND MACT AT KALABURAGI ALLOWING THE APPEAL, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA No. 202118/2019
BETWEEN:
1. MALKAMMA
W/O DEVENDRAPPA
AGE: 55 YEARS
OCC: HOUSEHOLD
2. DEVENDRAPPA S/O HANMANTHRAO
AGE: 58 YEARS
OCC: HOUSEHOLD
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MFA No. 202159 of 2018
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MFA No. 202118 of 2019
BOTH ARE R/O TEGALTIPPI VILLAGE
TQ:CHINCHOLI,
NOW RESIDING AT
SANNUR VILLAGE
TQ & DIST: KALABURAGI.
...APPELLANTS
(BY SRI. KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. M/S SREE SRINIVASA CEMENT CARRIERS
R/O H.NO.12-2-12/1
SHOP NO.2, SWARNA ENCLAVE
MOOSPET, SERILINGAMPALLY
HYDERABAD, TELANGANA - 500018
REPRESENTED BY ITS AUTHORIZED OFFICER
2. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD.
DIVISIONAL OFFICE, S.B. TEMPLE RAOD
SANGAMESHWAR COLONY
KALABURAGI-585 103
...RESPONDENTS
(BY SRI. UDAY P.HONGUNTIKAR, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH V/O/DTD: 23.02.2021)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED-02.07.2018
PASSED BY THE PRL. SENIOR CIVIL JUDGE AND MACT AT
KALABURAGI IN MVC.NO.541/2016 BY ENHANCING THE
COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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MFA No. 202159 of 2018
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MFA No. 202118 of 2019
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
These two appeals are by the Insurance company as
well as by the claimants challenging the quantum
determined by the Tribunal in MVC.No.541/2016.
MFA.No.202159/2018 is filed by the Insurance company
questioning the determination of loss of dependency by
deducting 1/3rd income of the deceased. The claimants
have filed MFA.No.202118/2019 feeling aggrieved by the
notional income assessed by the Tribunal and denial of
compensation under conventional heads.
2. The facts leading to the case are as under:
The claimants who are the parents of one Yallaling @
Yallappa have filed a claim petition for having lost their
son, daughter-in-law and grand daughter in a road traffic
accident dated 07.03.2016. The Tribunal in absence of
income proof has assessed the income of the deceased
notionally at Rs.8,000/- and by deducting 1/3rd has
awarded Rs.14,33,664/- under the head loss of
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dependency and a sum of Rs.30,000/- towards loss of
estate and funeral expenses.
3. Though learned counsel appearing for the
Insurance company vehemently argued and persuaded
this Court to consider the death of son as a bachelor on
the ground that he has lost his wife and daughter in a road
traffic accident leaving behind only parents, this Court is
not inclined to accede to the said argument. The
judgment rendered by the Hon'ble Apex Court in the case
of Sarla Verma & Others vs. Delhi Transport
Corporation & Another1 clearly lays down guidelines in
considering the deductions in case of a married man and a
bachelor. Merely because parents have lost son,
daughter-in-law and grand daughter, that may not
automatically lead to deduction of 50% on the premise
that deceased is not survived by wife and children. The
Hon'ble Apex Court in the judgment cited supra speaks
about a bachelor. In the case on hand, it is not in dispute
AIR 2009 SC 3104
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that the parents have filed a claim petition for having lost
son who was married. Therefore, 1/3rd deduction adopted
by the Tribunal is in accordance with law and would not
warrant any interference.
4. Insofar as the notional income assessed by the
Tribunal, this Court is of the view that the same is
required to be modified in the light of the income chart
prepared by the Legal Services Authority. The accident is
of the year 2016. In absence of income proof, this Court
deems it fit to assess the income notionally at Rs.8,750/-
by placing reliance on the chart. By adding 40% towards
future prospects, the income is notionally assessed at
Rs.12,250/-. After deducting 1/3rd, the income is taken at
Rs.8,166.66/- and by applying the multiplier of 16, the
compensation re-determined under the head 'loss of
dependency' works out to Rs.15,67,999/-
(8,166.66x12x16) which is rounded off to Rs.15,68,000/-.
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5. Under conventional heads, since there are two
dependents, they are entitled for a sum of Rs.40,000/-
each which works out Rs.80,000/- and a sum of
Rs.30,000/- is awarded under the head loss of estate and
funeral expenses. Therefore, the total compensation
under conventional heads works out Rs.1,10,000/-. The
accident is of the year 2016 and therefore, a sum of
Rs.22,000/- escalation 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.2. The total
compensation re-determined by this Court works out to
Rs.17,00,000/- as against Rs.14,63,664/- awarded by the
Tribunal.
6. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The appeal filed by the Insurance
company in MFA.No.202159/2018 and the
2017 ACJ 2700 SC
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appeal filed by the claimants in
MFA.No.202118/2019 are allowed in part;
(ii) The judgment and award passed by the
Tribunal in MVC.No.541/2016 is modified;
(iii) The appellants are entitled to enhanced
compensation of Rs.2,36,336/- which shall carry
interest at the rate of 6% per annum from the
date of petition till realization;
(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;
(vi) Pending I.As., if any, stand disposed of.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
