Karnataka High Court
Shantavva W/O Shankar Vaddar vs The Managing Director on 16 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:638
MFA No. 103052 of 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.103052 OF 2018 (MV-D)
BETWEEN:
1. SHANTAVVA W/O. SHANKAR VADDAR,
AGED 45 YEARS, OCC. HOUSE WIFE,
2. SHANKAR S/O. CHADAPPA VADDAR,
AGED 51 YEARS, OCC. COOLIE,
BOTH ARE R/O. ARAVATAGI,
KUMBAR KOPPA,
TQ. DIST. DHARWAD- 580007.
...APPELLANT
(BY SRI HARISH S. MAIGUR, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
N.W.K.R.T.C., AND SELF INSURANCE FUND,
HUBBALLI, GOKUL ROAD, HUBBALLI-580024.
Digitally signed by
MALLIKARJUN ...RESPONDENT
RUDRAYYA KALMATH (BY SRI M.M.KHANNUR, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO
ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND
AWARD DATED 02.12.2017, PASSED IN MVC NO.378/2015 ON THE
FILE OF THE III-ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER,
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, BY
ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2025:KHC-D:638
MFA No. 103052 of 2018
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed by the claimants/dependants of the
deceased Parashuram/rider of the motorcycle challenging the
judgment and award dated 02.12.2017, passed by the
III Addl. Senior Civil Judge and Addl. MACT, Dharwad, in
MVC No.378/2015, seeking enhancement of compensation.
2. Heard the arguments and perused the material
placed before the Court.
3. The occurrence of accident, death of the deceased
Parashuram in a road traffic accident, coverage of insurance
are not in dispute in this case.
4. In this case, the tribunal has awarded
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency. 6,48,000
2. Towards loss of love and affection. 80,000
3. Towards loss of estate. 50,000
4. Towards transportation of dead 30,000
body, funeral and obsequies.
Less: Interim relief already 15,000
paid by the KSRTC department.
Total: 7,93,000
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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 enhanced by modifying the judgment and award of the
tribunal.
6. The deceased was aged 20 years as on the date
of accident and was a mason by profession. The accident is
caused on 24.03.2015. Hence, in the absence of proof of
income, notional income is to be taken at Rs.8,000/- for the
year 2015, as recognized by the Karnataka State Legal
Services Authority. 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, considering the
age of the deceased, 40% of the income is to be added
towards loss of future prospects in life. The deceased was a
bachelor. Therefore 50% of the income is to be deducted
towards his personal and living expenses. Considering the
age of the deceased, the appropriate applicable multiplier
NC: 2025:KHC-D:638
is 18. Therefore loss of dependency is re-assessed and
quantified at Rs.12,09,600/- (Rs.8,000 + 40% minus 50% x
12 x 18).
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. There are
two dependents who are father and mother. 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.
9. Thus, the claimants would be entitled for total
compensation under various heads as under:
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Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 12,09,600
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: 13,30,600
10. Therefore, the claimants are entitled for total
compensation of Rs.13,30,600/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.7,93,000/- 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.
ii) The judgment and award dated
02.12.2017, passed by the III Addl. Senior Civil
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Judge and Addl. MACT, Dharwad, in MVC
No.378/2015, stands modified.
iii) The claimants are entitled for total
compensation of Rs.13,30,600/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization, as against the
compensation of Rs.7,93,000/- awarded by the
tribunal.
iv) The insurance company shall deposit
the amount within a period of eight weeks from
the date of receipt of a copy of this judgment.
v) The order with regard to
apportionment of compensation, deposit and
release of amount would be as per order of
tribunal.
vi) Send a copy of this judgment and
award to the tribunal.
vii) No order as to costs.
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viii) Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT: UMD.
