Karnataka High Court
Smt F Thahira @ Thahira Banu vs Royal Sundaram Alliance Insurance Co ... on 3 September, 2024
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NC: 2024:KHC:35940
MFA No. 7643 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MISCELLANEOUS FIRST APPEAL NO. 7643 OF 2017 (MV-D)
BETWEEN:
1. SMT F THAHIRA @ THAHIRA BANU,
W/O LATE HASANABBA BEARY @ B.HASANABBA,
AGED ABOUT 45 YEARS,
2. KUM. THABASSUM,
D/O LATE HASANABBA BEARY @ B.HASANABBA,
AGED ABOUT 26 YEARS,
3. MOHAMMED THAZIM,
S/O LATE HASANABBA BEARY @ B.HASANABBA,
AGED ABOUT 25 YEARS,
4. THAUHEEM,
S/O LATE HASANABBA BEARY @ B.HASANABBA,
AGED ABOUT 22 YEARS,
5. BABY AYISHA THASNEEM,
D/O LATE HASANABBA BEARY @ B.HASANABBA,
AGED ABOUT 16 YEARS,
MINOR REP BY HER NATURAL GUARDIAN MOTHER,
APPELLANT NO.1,
Digitally signed by
PRAJWAL A RESIDING AT H.NO.1-186-1 SOORINJE,
MANGALORE TALUK.
Location: HIGH COURT
OF KARNATAKA
6. MRS. BEEFATHUMMA,
W/O ABDUL KADER,
AGED ABOUT 67 YEARS,
APPELLANT NO.5 IS A MINOR,
REP BY HER NATURAL GUARDIAN MOTHER,
APPELLANT NO.1,
ALL ARE RESIDING AT H.NO.1-186-1,
SOORINJE, MANGALORE TALUK.
APPELLANTS
(BY SRI. GURUPRASAD B R., ADVOCATE)
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NC: 2024:KHC:35940
MFA No. 7643 of 2017
AND:
1. ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD,
3RD FLOOR, SHALIMAR COMPLEX,
KANKANADY, MANGALORE 575001.
REPRESENTED BY ITS MANAGER,
2. MR.ABDUL RAHIMAN,
S/O HASANABBA,
AGED ABOUT 44 YEARS,
R/O DOOR NO.134,
9TH BLOCK, KRISHNAPURA,
KATIPALLA, MANGALORE 575001.
RESPONDENTS
(BY SRI. RAVI S SAMPRATHI.,ADVOCATE FOR R1
NOTICE TO R2 IS DISPENSED WITH V/O DTD 7.11.2021)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED30.08.2016 PASSED IN MVC
NO.659/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIIVL
JUDGE, MACT, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
The petitioners are seeking enhancement of the
compensation.
2. For the sake of convenience, the parties herein
are referred as per their ranking before the Tribunal.
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3. Brief facts of the case are, one Hasanabba
Beary @ Hasanabba, the husband of petitioner No.1, son
of petitioner No.6 and father of petitioner Nos.2 to 5, while
riding the motor cycle bearing No. KA-19-ED-3165 on
16.01.2014 at 6:20 am near Soorinje Milk Dairy of
Soorinje village, Mangalore, lorry bearing registration No.
KA-20-1981 dashed against him, due to which he
sustained injuries, he was treated at Srinivas hospital,
Mangalore and KMC hospital, Mangalore but, he was
succumbed to death on 17.01.2014. Seeking
compensation of `30,00,000/- the petitioners have
approached the Tribunal. Claim was opposed by the
Insurance Company of the lorry of the vehicle. The
Tribunal after taking the evidence and hearing both the
parties by impugned judgment and award allowed the
claim petition by awarding compensation of `11,11,000/-
with interest at 9% p.a, and directing the owner and
insurer of the lorry to pay the compensation. Pleading
inadequacy and seeking enhancement the petitioners are
before this Court.
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4. Heard the arguments of Sri. Guruprasad. B.R,
learned counsel for the petitioners and Sri. Ravi. S.
Samprathi learned counsel for the Insurance Company.
5. It is contended by the learned counsel for the
petitioners that the Tribunal has lost site that there are six
defendants, 1/5th of the income as to be taken deduction
towards personal expenses, but it has taken at 1/3rd. The
compensation awarded under conventional heads is
inadequate and sought for enhancement.
6. Per contra, learned counsel for the Insurance
Company contended that the Tribunal has taken the
notional income of the deceased at `9,000/- p.m, instead
of `8,500/- p.m, for the accident of the year 2014. Rate of
interest awarded at 9% is on the higher side and it as to
be reduced to 6%, the compensation awarded under
conventional heads is dis-propositionate and sought for
modification.
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7. I have given my anxious consideration to the
arguments addressed by the learned counsel for both
parties and perused the records.
8. The material on record goes to show that the
Insurance Company has satisfied the award passed by the
Tribunal. Hence, the issue only with regard to quantum of
compensation and the rate of interest. The petitioners
consists of one wife, four children and the mother. There
are six defendants. The deceased was aged 55 years at
the time of accident. The petitioners have produced the
partnership deed, trade license and water registration etc.,
to show income of the deceased but the Tribunal has
taken income at `9,000/- p.m,.
9. The contention of the learned counsel for the
petitioners that the petitioner was doing business in the
name of Katipalla Super Bazaar and he is an income tax
assessee. The income tax returns pertains to deceased in
respect of Katipalla Super Bazaar is made available for the
year 2014. It shows the total gross income declare to
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income tax as `75,075/-. The partnership deed point out
that in Katipalla Super Bazaar the deceased was holding a
share of 7.5%. Even for the year 2015 the gross income is
shown as `80,000/-, if that is taken into consideration the
income of the deceased will not be has claimed by the
petitioners at `12,000/- p.m,. The Tribunal is right in
considering the income of the deceased at `9,000/- as he
was a person with proof of income. Hence, it has to be
kept intact.
10. The deceased was under hospitalized for two
days, medical bills has been properly considered by the
Tribunal. As there are six defendants 1/5 has to be
deducted towards personal expenses, 10% as to be added
towards future prospects. Then loss of dependency will be
9,000 + 900 (10%) =9,900 - 1,980 = 7,920 X 12 X 11 =
10,45,440/-. Medical expenses `93,750/- is retained as it
awarded by the Tribunal. Under conventional heads loss
filial consortium to the wife and parental consortium to
mother and loss of love and affection towards children at
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`40,000/- each has to be assessed. Loss of estate and
funeral expenses at `15,000/- each is considered with
10% appreciation as the accident of the year 2014, the
compensation under conventional head comes to
`2,97,000/-. If all they were put together total
compensation come to `14,36,196/- as against
`11,11,000/- awarded by the Tribunal, thereby
enhancement of `3,25,196/-.
11. The Tribunal has awarded interest at 9% p.a.,
Insurance Company though assailed in the argument it
has not filed any appeal. Hence, it is not proper to
interfere with the discretion of the Tribunal, but insofar as
the enhanced compensation is concerned the petitioners
are entitled to interest at 6% p.a,.
12. Accordingly, the appeal merits consideration, in
the result, the following:
ORDER
i) Appeal is allowed-in-part;
ii) Impugned judgment and award is modified;
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iii) The petitioners would be entitled to the enhanced
compensation of `3,25,196/- with interest of 6%
p.a., from the date of petition till the date of
deposit;
iv) The Insurance Company is directed to deposit the
enhanced compensation with interest within eight
weeks from the date of receipt of certified copy of
the judgment;
v) The petitioners are not entitled interest for the
delayed period of 294 days in filing the appeal.
SD/-
(T.G. SHIVASHANKARE GOWDA)
JUDGE
PNV
