Karnataka High Court
Ramu And Ors vs Mahdghous And Anr on 7 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:4535
MFA No. 201842 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 201842 OF 2025 (MV-D)
BETWEEN:
1. RAMU
S/O HANDU CHAVAN,
AGE:51 YEARS,
OCC: COOLIE,
2. SURAJ
S/O RAMU CHAVAN,
AGE: 29 YEARS,
OCC: NIL,
3. SANDEEP
S/O RAMU CHAVAN,
AGE: 24 YEARS,
Digitally signed OCC: NIL,
by RENUKA
Location: HIGH 4. SUMAN
COURT OF
KARNATAKA D/O RAMU CHAVAN,
AGE:21 YEARS,
OCC: NIL,
ALL ARE R/O: BIJAPUR - 586 101.
...APPELLANTS
(BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE)
-2-
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MFA No. 201842 of 2025
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AND:
1. MAHDGHOUS
S/O CHANDSAB,
AGE: MAJOR,
OCC: BUSINESS,
R/O: AUTY POLOTING SHASTRI NAGAR,
OMERGA, DIST: OSAMANABAD,
MAHARASHTRA STATE.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD,
FIRST FLOOR DR. JAVALI COMPLEX SUPER MARKET,
KALABURAGI - 585 101.
SUMMONS MAY BE SERVED THROUGH
THE MANAGER.
NATIONAL INSURANCE CO. LTD.,
NEAR AMEER THEATRE, BIJAPUR.
...RESPONDENTS
(BY SMT PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE CLAIM
PETITION THE JUDGMENT AND AWARD DATED 01-10-2011
PASSED BY PRINCIPAL SENIOR CIVIL JUDGE MACT-V,
VIJAYAPURA IN MVC NO.837/2009 AND ENHANCE THE
COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
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MFA No. 201842 of 2025
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ORAL JUDGMENT
1. The claimants have preferred this appeal seeking
enhancement of the compensation awarded by the Motor
Accident Claims Tribunal and Fast Track Court-I/II, Bijapur,
(hereinafter referred to as 'the tribunal') vide Judgment and
award dated 01.10.2011 passed in MVC No.837/2009.
2. Heard the learned counsel for the
appellants/claimants and the learned counsel for the
respondent No.2-Insurance company.
3. Learned counsel for the appellants/claimants
would contend that, the accident has occurred in the year
2009. Considering the same, the tribunal ought to have
taken notional income of the deceased at Rs.5,000/-, as
against Rs.3,000/- per month in view of the income chart
prepared for settlement of cases before the Lok Adalath.
Learned counsel submits that, the future prospects are not
awarded by the tribunal. He submits that, one of the son of
the deceased who was claimant before the tribunal died after
passing of the Judgment and award by the tribunal and
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therefore, the remaining claimants are entitled to consortium
in a sum of Rs.40,000/- X 4 = Rs.1,60,000/-. With this he
prays for enhancement of the compensation awarded by the
tribunal.
4. Learned counsel for the Insurance company
would contend that, the compensation awarded by the
tribunal is proper and adequate. One of the claimant i.e. son
of the deceased died and therefore, he is not entitle for loss
of consortium.
5. Having heard the learned counsels, this Court has
perused the impugned Judgment and other materials placed
on record.
6. The date of accident is 17.03.2009 and the
deceased was aged 38 years as on the date of the accident is
not in dispute. As per the income chart prepared for
settlement of disputes in the Lok Adalath, the notional
income for the year 2009 is Rs.5,000/-. The tribunal has
erred in taking the income of the deceased at Rs.3,000/- per
month. The multiplier applicable is '15' as the age of the
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deceased is 38 years. The deceased has left five dependents
and therefore, the deduction is at 1/4th towards personal
expenses of the deceased. The tribunal has not awarded
future prospects. As per the decision of the Hon'ble Apex
Court in the case of Magma General Insurance Company
Limited Vs. Nanu Ram alias Chuhru Ram and others,
reported in (2018) 18 SCC 130 the claimants are entitled
for future prospects at 40% by taking into consideration the
age of the deceased and her occupation as Coolie.
Considering the above aspects, the loss of dependency is as
under:
Rs.5000/- + 40% (future prospects) = Rs.7,000/-
Rs.7,000/- - (minus) 1/4th (Rs.1,750/-) (towards
personal expenses) = Rs.5,250/-
Rs.5,250/- X 12 X 15 = Rs.9,45,000/-
7. The deceased has left her husband and four
children. Out of them, one son died after passing of the
award by the tribunal. Therefore, the claimants/appellants
who are husband and three children are entitle to consortium
in a sum of Rs.1,60,000/- (Rs.40,000/- X 4 claimants). The
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claimants/appellants are entitle for Rs.15,000/- towards
funeral expenses and transportation charges as against
Rs.5,000/- and Rs.15,000/- towards loss of estate as
against Rs.5,000/- as awarded by the tribunal.
8. In view of the above, the appellants/claimants are
entitle to the following compensation:
Sl.No. Heads of Compensation
compensation awarded by this
Court
1 Loss of dependency Rs.9,45,000/-
2 Loss of consortium Rs.1,60,000/-
3 Funeral expenses Rs.15,000/-
and transportation
charges
4 Loss of estate Rs.15,000/-
Total Rs.11,35,000/-
9. The appellants/claimants are entitled for total
compensation of Rs.11,35,000/- as against Rs.3,85,000/- as
awarded by the tribunal.
10. The appellants are not entitle to the interest for
the period of delay of 4000 days in filing the appeal as per
the order dated 07.07.2025.
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11. In view of the above, the following order is
passed:
ORDER
(i) The appeal is allowed in part;
(ii) The appellants/claimants are entitle to
total compensation of Rs.11,35,000/- as against
Rs.3,85,000/- as awarded by the tribunal;
(iii) The appellants are entitle to interest at
the rate of 6% per annum on the compensation
amount from the date of petition till deposit of entire
amount;
(iv) The appellants are not entitle for interest
for the period of 4000 days;
(v) The respondent No.2-Insurance company
is directed to deposit the compensation amount with
interest within a period of eight weeks from this day,
failing which it is liable to pay interest at 9% till
payment;
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(vi) The appellants/claimants are entitle to
equal share in the compensation amount. Since the
appellants are all major, they are entitle for release
of their share in the enhanced compensation.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SVH
