Karnataka High Court
Mukund S/O Limbaji Shep And Ors vs Bandu S/O Shesherao Jadhav And Anr on 5 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-K:6697
MFA No. 200631 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.200631 OF 2017 (MV-I)
BETWEEN:
1. MUKUND S/O LIMBAJI SHEP
AGE: 91 YEARS, OCC: NILL
2. BAMUBAI W/O MUKUND SHEP
AGE: 91 YEARS, OCC: NIL
3. SAKKUBAI W/O HARISHCHANDRA SHEP
AGE: 44 YEARS, OCC: HOUSEHOLD
4. JYOTI D/O HARISHCHANDRA SHEP
AGE: 17 YEARS M/G BY APPELLANT NO.3
Digitally signed 5. LAXMAN S/O HARISHCHANDRA SHEP
by SUMITRA AGE: 13 YEARS M/G BY APPELLANT NO.3
SHERIGAR
Location: HIGH ALL ARE R/O. KANNAPUR MOVA
COURT OF
KARNATAKA TQ: PARAVI, DIST: BEED-484446.
...APPELLANTS
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. BANDU S/O SHESHERAO JADHAV
AGE: 46 YEARS, OCC: BUSINESS
R/O. TELGAON,
TQ: DHARUR, DIST: BEED-584446.
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NC: 2024:KHC-K:6697
MFA No. 200631 of 2017
2. THE BRANCHD MANAGER
UNITED INDIA INSURANCE CO.LTD.
VIJAYAPUR-586101.
...RESPONDENTS
(BY SRI SUDARSHAN M. ADV. FOR R2;
NOTICE TO R1 IS DISPWNSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE IMPUGNED JUDGMENT
AND AWARD DATED-29.06.2016 PASSED BY THE PRL. SENIOR
CIVIL JUDGE AND MACT-V, VIJAYAPUR IN MVC NO.1680/2011
AND CONSEQUENTLY BE PLEASED TO ENHANCE THE
COMPENSATION FROM RS.7,80,000/- TO RS.15,00,000/- WITH
INTEREST @ 12% PER ANNUM FROM THE DATE OF PETITION
TILL ACTUAL REALIZATION BY PASTING THE LIABILITY ON
RESPONDENT NO.2 INSURANCE COMPANY AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The claim petition as against the insurer was
dismissed after the Tribunal recorded a finding that the
deceased was sitting on the mud guard of the tractor.
NC: 2024:KHC-K:6697
2. The claimant being aggrieved of the exoneration of
this liability is before this court in appeal so the claimants
also seek for enhancement.
3. In the light of the judgment rendered by the full
court in the case of Gadhilingappa alias Gadhilinga and
another vs. K.Guleppa K.Lingappa and another,
MFA.CROB.NO.100001/2016 dated 20.04.2021
reported in AIR 2021 Karnataka 102 AIR online
2021 KAR 411 where the full court has held that the
insurer would not be liable for payment of compensation if
a person was traveling on the mudguard of a trailer. In
view of the above, the finding recorded by the Tribunal
cannot be found fault with.
4. Thus on the question of liability, the award of the
Tribunal will have to be confirmed.
5. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income, notionally at
Rs.5,000/-. As there is no credible evidence to ascertain
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the actual monthly income, it would be appropriate and
prudent to adopt the monthly income determined by
Karnataka State Legal Services Authority, which, for the
accident of the year 2011, would be Rs.6,000/-.
6. As the deceased was aged about 40 years, to the
said notional income of Rs.6,000/- per month, 25% of the
same (Rs.1,500/-) would have to be added to the said
income as future prospects would be Rs.7,500/-.
7. Out of the said sum, 1/4th depending on the number
of dependents (Rs.1,875/-) would have to be deducted
towards personal expenses of the deceased. The net
income will be Rs.5,625/-.
8. As the deceased was aged 40 years, a multiplier of
'15' will have to be applied. Consequently, the claimants
would be entitled to a sum of Rs.10,12,500/-
(Rs.5,625x12x'15') towards "loss of dependency".
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9. The claimants being the wife, children and parents of
the deceased, would each be entitled to a sum of
Rs.44,000/- towards "loss of consortium" i.e.,
Rs.2,20,000/- and they would also be entitled to a sum
of Rs.33,000/- under the "conventional heads".
10. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums:
Sl. Amount
Heads of Compensation
No. (in Rs.)
1. Loss of Dependency 10,12,500/-
2. Loss of Consortium 2,20,000/-
3. Conventional Head 33,000/-
Total 12,65,500/-
11. Thus, the claimants would be entitled for
compensation of Rs.12,65,500/- as against
Rs.7,80,000/- awarded by the Tribunal, along with interest
at the rate of six per cent per annum from the date of
petition till its realization.
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12. The deposit and release of the enhanced
compensation amount by the owner of the tractor shall be
made as per the ratio adopted by the Tribunal.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
DHA
