Karnataka High Court
Vidhyawati W/O Late Digamber And Ors vs Ramesh S/O Bhagavanrao Panchal And Anr on 23 October, 2024
-1-
NC: 2024:KHC-K:7812
MFA No. 200187 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 200187 OF 2020 (MV-D)
BETWEEN:
1. VIDHYAWATI W/O LATE DIGAMBER
AGED 26 YEARS
OCC: HOUSEHOLD
2. DHANAJI S/O VITHALRAO
AGED 58 YEARS
OCC: LABOUR
3. LAXIMIBAI W/O DHANAJI
AGED 55 YEARS
OCC: HOUSEHOLD
ALL ARE R/O VILLAGE PANDHARI
TQ BHALKI
DIST. BIDAR-585 401.
...APPELLANTS
Digitally signed by
RENUKA
Location: HIGH (BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. RAMESH S/O BHAGAVANRAO PANCHAL
AGED: MAJOR
OCC: BUSINESS
R/O: LAXIMI NAGAR, VILLAGE BEDKUNDA
TQ AURAD(B), DIST: BIDAR-585 401
(OWNER OF VEHICLE)
2. THE MANAGER
UNITED INDIA INSURANCE CO. LTD.
DIVISION OFFICE KALABURAGI
-2-
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MFA No. 200187 of 2020
REPRESENTED BY ITS
POLICY ISSUING OFFICE/BRANCH
SHOP NO.7 PARVATHINATH
ASTURE COMPLEX
BESIDES SANGMESH THEATRE
BHALKI-585 101.
...RESPONDENTS
(BY SRI. SHIVANAND PATIL, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH V/O DTD 07.09.2021)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO,
CALL FOR THE RECORDS IN MVC NO. 165/2017 BEFORE THE
COURT OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT
AT BHALKI, TO MODIFY THE JUDGMENT AND AWARD DATED
27.09.2019 PASSED IN MVC NO. 165/2017 BEFORE THE
COURT OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT
AT BHALKI AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT FROM RS. 9,34,000/- TO RS.
23,34,000/- ONLY AS CLAIMED BY THE APPELLANTS BEFORE
THIS HONOURABLE COURT AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, 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 claimants seeking
enhancement of compensation. Learned counsel
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appearing for respondent No.2/Insurance company admits
its liability and therefore, the present appeal is purely on
quantum.
2. The claimants filed a claim petition in
MVC.No.165/2017 for having lost one Digamber S/o
Dhanaji Suryawanshi in a road traffic accident dated
27.12.2016. The Tribunal by notionally assessing the
income of the deceased at Rs.6,000/- without extending
the benefit of future prospects has awarded Rs.8,64,000/-
under the head 'loss of dependency'. Under conventional
heads Rs.70,000/- is awarded.
3. Feeling aggrieved by the inadequate
compensation, this appeal is filed.
4. Heard learned counsel for the appellants and
learned counsel appearing for respondent No.2. Perused
the records.
5. Though claimants have asserted that deceased
was earning Rs.15,000/- p.m., no documentary evidence
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is produced to substantiate his income. In absence of
income proof, this Court is inclined to follow the chart
prepared by the Legal Services Authority. The accident is
of the year 2016. Referring to the chart, the income of
the deceased is notionally assessed at Rs.8,750/-.
Deceased was admittedly aged about 25 years and
therefore, 40% future prospects is added. After adding
40%, the total income is assessed at Rs.12,250/-. After
deducting 1/3rd towards his personal expenses, the income
of the deceased is assessed at Rs.8,167/-. The proper
multiplier applicable in the present case is 18. Therefore,
compensation payable under the head 'loss of dependency'
works out to Rs.17,64,072/- (8167x12x18) which is
rounded off to Rs.17,64,000/-.
6. Since there are three dependents, under
conventional heads each of the claimants are awarded
Rs.40,000/- which comes to Rs.1,20,000/- and
Rs.30,000/- is awarded under the head 'funeral expenses
and loss of estate'. The accident is of the year 2016.
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Applying the principles laid down by the Hon'ble Apex
Court in the case of National Insurance Co. Ltd., vs.
Pranay Sethi and Ors.1, 10% is added for every 3 years
on Rs.1,50,000/-. The interest accordingly is determined
at Rs.30,000/-. Hence, the total compensation re-
determined by this Court works out to Rs.19,44,000/- as
against Rs.9,34,000/- awarded by the Tribunal.
7. Accordingly, 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.165/2017 is modified;
(iii) The appellants are entitled to enhanced
compensation of Rs.10,10,000/- 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;
2017 ACJ 2700 SC
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(v) The amount in deposit, if any, shall be
remitted to the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
