Karnataka High Court
Smt.C. Padmavathi vs Imran Pasha on 9 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:345
MFA No. 100955 of 2016
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 09TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.100955 OF 2016 (MV-D)
BETWEEN:
1. SMT. C. PADMAVATHI
W/O. LATE C.H. SATHYANARAYANA,
AGED ABOUT: 52 YEARS, OCC: HOUSEWIFE,
2. C.H. RAMGOPAL
S/O. LATE C.H. SATHYANARAYANA,
AGED ABOUT: 39 YEARS,
BOTH ARE R/O: JAGGANATHAPURAM CAMP,
DHADESUGUR, SINDHANUR TALUK,
NOW R/O: SIRUGUPPA, BALLARI DIST.
...APPELLANT
(BY SRI MANJUNATHA G.PATIL, ADVOCATE.)
AND:
Digitally signed by
MALLIKARJUN 1. IMRAN PASHA S/O. ANWAR PASHA,
RUDRAYYA AGED ABOUT 40 YEARS,
KALMATH
Location: HIGH DRIVER-CUM-OWNER OF
COURT OF
KARNATAKA THE LORRY BEARING NO.KA-09/A-7787,
R/O: HAMPAPURA VILLAGE,
H.D. KOTE TALUK, MYSURU DISTRICT.
2. THE BRANCH MANAGER,
SHRIRAM GENERAL INSURANCE
COMPANY LIMITED,
E/8, EPIP, RIICO, INDUSTRIAL AREA,
SITAPURA, JAIPUR, RAJASTHAN.
...RESPONDENTS
(BY SRI SURESH S. GUNDI, ADVOCATE FOR R2;
R1 - SERVICE OF NOTICE DISPENSED WITH.)
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NC: 2025:KHC-D:345
MFA No. 100955 of 2016
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE
THE COMPENSATION FROM RS.3,60,000/- TO RS.15,00,000/- IN
MVC NO.169/2014 BY MODIFYING THE JUDGMENT AND AWARD
DATED 01.08.2015 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT
CLAIMS TRIBUNAL NO.V AT BALLARI, IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.,.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed by the claimants challenging the
judgment and award dated 01.08.2015, passed by the
MACT No.V, Ballari, in MVC No.169/2014, seeking
enhancement of compensation.
2. Heard the arguments and perused the material
placed on record.
3. In this case, the factum of accident, death of
deceased in the said accident and coverage of insurance
are not in dispute.
4. In the present case, the tribunal awarded
compensation under various heads as follows:
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Sl.No. Heads. Amount in
(Rs.)
1. Towards loss of dependency. 3,00,000
2. Towards loss of love, affection. 20,000
3. Towards loss of consortium. 25,000
4. Towards transportation, funeral 15,000
expenses.
Total: 3,60,000
5. The tribunal awarded lesser amount of
compensation contrary to the principles of law decided by
the Hon'ble Supreme Court. Therefore, the same is
required to be modified.
6. The accident occurred on 22.12.2012. As per
the postmortem report, it is proved that the deceased was
aged 53 years old. The deceased was an agriculturist
having agricultural lands. Hence the notional income of
Rs.7,500/- taken by the tribunal is correct. In view of the
decision of the Hon'ble Apex Court in case of National
Insurance Company Limited vs. Pranay Sethi and
others, reported in (2017) 16 Supreme Court Cases
680, 10% of the income is to be added towards loss of
future prospects in life. There are totally two dependents.
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Therefore, 1/3rd of the income is to be deducted towards
personal and living expenses. Considering the age of the
deceased, the appropriate applicable multiplier is 11.
Therefore loss of dependency is re-assessed and quantified
at Rs.7,26,000/- (Rs.7,500 + 10% minus 1/3 x 12 x 11.)
7. In view of the decision of the Hon'ble Supreme
Court in the case of Magma General Insurance Co.
Limited v. Nanu Ram & Others, reported in 2018 ACJ
2782 and in the case of Pranay Sethi supra, the
claimants are entitled to Rs.40,000/- each under the head
'loss of consortium', along with 10% escalation.
Accordingly, Rs.88,000/- (Rs.40,000 x 2 + 10%) is
awarded under the head 'loss of consortium including loss
of love and affection'.
8. Further, a compensation of Rs.15,000/- each is
awarded under the head 'loss of estate' and 'funeral and
transportation' respectively, along with 10% escalation.
Therefore under these heads Rs.33,000/- (Rs.15,000 x 2
+ 10%) is awarded.
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9. Thus, the claimants would be entitled for
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 7,26,000
2. Towards loss of consortium 88,000
(40,000 x 2 +10%)
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses.
(15,000 x 2 + 10%)
Total: 8,47,000
10. Therefore, the claimants are entitled for
compensation of Rs.8,47,000/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.3,60,000/- awarded by the
tribunal. The insurance company is directed to deposit the
compensation within eight weeks from the date of receipt
of a certified copy of this judgment.
11. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
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ii) The judgment and award dated
01.08.2015, passed by the MACT No.V, Ballari,
in MVC No.169/2014, stands modified.
iii) The claimants are entitled for total
compensation of Rs.8,47,000/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization as against
Rs.3,60,000/- awarded by the tribunal.
iv) The claimants are not entitled for
interest for the delayed period of 152 days in
filing the appeal.
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.
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vii) Send back the trial Court records
along with a copy of this judgment.
viii) No order as to costs.
ix) Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT: UMD.
