Karnataka High Court
Smt Jyoti W/O Fakirappa @ Sanjay ... vs Shri Subhas S/O Mallesh Kedarkar @ Kedar on 8 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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MFA No. 101702 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.101702 OF 2023 (MV-D)
BETWEEN:
1. SMT. JYOTI W/O. FAKIRAPPA
@ SANJAY BASARIKATTI,
AGE. 28 YEARS. OCC. HOUSEHOLD WORK,
R/O. GUNDOLLI, TAL. KHANAPUR,
DIST. BELAGAVI, PIN-591106.
2. KUMARI SWATI D/O. FAKIRAPPA
@ SANJAY BASARIKATTI,
AGE. 10 YEARS, OCC. STUDENT,
R/O. GUNDOLLI, TAL, KHANAPUR,
DIST. BELAGAVI, PIN-591106.
3. KUMARI SAIRAM
S/O. FAKIRAPPA @ SANJAY BASARIKATTI,
AGE. 8 YEARS, OCC. STUDENT,
R/O. GUNDOLLI, TAL. KHANAPUR,
DIST. BELAGAVI, PIN-591106.
4. SMT. SUBHADRA
W/O. MARUTI BASARIKATTI,
Digitally signed by
MALLIKARJUN AGE. 48 YEARS, OCC. STUDENT,
RUDRAYYA R/O. GUNDOLLI, TAL. KHANAPUR,
KALMATH
Location: HIGH
DIST. BELAGAVI, PIN-591106.
COURT OF
KARNATAKA
5. SHRI MARUTI
S/O. NARAYAN BASARIKATTI,
AGE. 58 YEARS, OCC. NIL,
R/O. GUNDOLLI, TAL. KHANAPUR,
DIST. BELAGAVI, PIN-591106.
6. KUMARI AMRUTA
D/O. FAKIRAPPA BASARIKATTI,
AGE. 11 YEARS, OCC. STUDENT,
R/O. GUNDOLLI, TAL, KHANAPUR,
DIST. BELAGAVI, PIN-591106.
SINCE APPELLANT NOS. 2, 3
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MFA No. 101702 of 2023
AND 6 ARE MINORS R/BY THEIR M/G
AND NATURAL MOTHER APPELLANT NO.1
...APPELLANTS
(BY SRI HANAMANT R.LATUR, ADVOCATE)
AND:
1. SHRI SUBHAS
S/O. MALLESH KEDARKAR @ KEDAR,
AGE. 36 YEARS, OCC. MASON MESTRI,
R/O. VIDYA NAGAR, UMBRAJ, JAYBALAJI,
TAL. KARAD, DIST. SATARA, PIN-415110,
STATE MAHARASHTRA.
2. THE ROYAL SUNDARAM ALLIANCE INSURANCE LTD.,
VISHRANTI BELARAM TOWER NO.2/319,
RAJIV GANDHI SAFAI (CMA) KARAPAKKA,
INSURANCE OFFICE, CHENNAI, II2/STC.
THROUGH DIVISIONAL OFFICER,
ROYAL SUNDRAM ALLIANCE INSURANCE CO. LTD.,
CLUB ROAD, BELAGAVI, PIN-590001.
...RESPONDENTS
(BY SRI M.Y. KATAGI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION
173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT
AND AWARD DATED 13.10.2022 PASSED IN MVC NO.642/2017 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENTS CLAIM TRIBUNAL, KHANAPUR AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101702 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed under Section-173(1) of the Motor
Vehicles Act 1988, by the appellants-claimants, calling in
question the judgment and award dated 13.10.2022,
passed in M.V.C.No.642/2017, on the file of the Senior
Civil Judge and Addl. M.A.C.T, Khanapur (hereinafter
referred to as 'the Tribunal' for brevity) seeking
enhancement of compensation.
2. Brief facts of the case are that on 22.12.2015 at
about 03.15 p.m., when Fakirappa @ Sanjay Basarikatti
was travelling in Maruti car bearing Reg.No.MH-50/A-0683
from Kakati to Belagavi then to Umbraj village and when
he came near Vather village at that time, the driver of said
car lost control and dashed to tractor bearing Reg.No.MH-
26/AP-4176 from back side and caused the accident. Due
to the said accident, the deceased sustained grievous
injuries and died on the spot. Therefore, the claim petition
is filed under Section 166 of the M.V Act seeking for
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compensation. The Tribunal has allowed the petition in
part and granted compensation of Rs.18,99,200/- along
with interest at the rate of 6% per annum from the date of
petition till its realization.
3. On account of death of the deceased in the road
accident, the claimants being wife, minor children and
parents have claimed petition.
4. Heard the arguments and perused the material
placed before the Court.
5. The compensation awarded by the Tribunal is as
follows:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency. 18,29,200
2. Towards funeral expenses. 15,000
3. Loss of spousal consortium claimant-1 40,000
4. Towards loss of estate. 15,000
Total: 18,99,200
6. In the present case, the deceased was aged
27 years old as on the date of the accident. The accident
occurred on 22.12.2015. The deceased was working as
mason. Hence, the notional income of Rs.8,000/- per
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month taken by the tribunal is correct. The Tribunal has
deducted 1/5th of the income towards 'personal expenses'
instead of 1/4th. Further, the Tribunal has rightly added
40% of the income towards future prospects. Considering
the age of the deceased, the Tribunal has rightly taken
multiplier as 17. Therefore loss of dependency is
re-assessed and quantified as under:
Rs.8,000 + 40% minus 1/4th x 17 x 12 = Rs.17,13,600/-
7. The Tribunal has committed error in awarding
compensation under the head 'loss of consortium' at
Rs.40,000/-, which is on the lower side. Therefore, as per
the judgment of the Hon'ble Apex Court in the cases of
Magma General Insurance Co. Limited v. Nanu Ram
& Others1 and in the case of National Insurance
Company Limited Vs. Pranay Sethi and others2, the
claimants are entitled to Rs.40,000/- each under the head
'loss of consortium', along with 10% escalation. There are
totally six dependents i.e., wife, minor children and
2018 ACJ 2782
(2017) 16 SCC 680
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parents. Accordingly, Rs.2,64,000/- (Rs.40,000 x 6 +
10%) is awarded under the head 'loss of consortium'.
8. Further, a compensation of Rs.15,000/- each is
awarded under the head 'loss of estate' and 'funeral
expenses' respectively, along with 10% escalation.
Therefore under these heads Rs.33,000/- (Rs.15,000 x 2
+ 10%) is awarded.
9. Thus, in all the appellants/claimants are entitled
for enhanced compensation as follows:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 17,13,600
2. Towards loss of consortium 2,64,000
3. Towards loss of estate and 33,000
transportation of dead body and
funeral expenses.
Total: 20,10,600
10. Therefore, the appellants-claimants are entitled
for total compensation of Rs.20,10,600/- along with
interest at 6% per annum from the date of filing of the
petition till realization, as against Rs.18,99,200/- awarded
by the Tribunal. The Insurance Company is directed to
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deposit the amount of total compensation within eight
weeks from the date of receipt of the certified copy of this
judgment.
11. In the result, I proceed to pass the following:
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award dated
13.10.2022, passed in M.V.C.No.642/2017,
on the file of Senior Civil Judge and Addl.
MACT, Khanapur, is modified to the
aforesaid extent.
iii. The claimants are entitled for total
compensation of Rs.20,10,600/- along with
interest at the rate of 6% p.a. from the
date of petition till its realization as against
Rs.18,99,200/- awarded by the tribunal.
iv. The claimants are not entitled for interest
for the delayed period of 82 days in filing
the appeal.
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v. The insurance company shall deposit the
amount within a period of eight weeks from
the date of receipt of a copy of this
judgment.
vi. The order with regard to apportionment,
deposit and release of amount shall be in
terms of the tribunal order.
vii. Send a copy of this judgment to the trial
Court.
viii. No order as to costs.
ix. Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
RKM
