Karnataka High Court
Mrs Chakila Bibi vs Mr Syed Asif on 2 July, 2025
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NC: 2025:KHC:23542
MFA No. 723 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 723 OF 2017 (MV-D)
BETWEEN:
1. MRS. CHAKILA BIBI,
W/O LATE MIA AJIDUL @ AJIDUL,
AGE:37 YEARS,
OCC:HOUSE WIFE,
2. MR SAHIDAR HUSSAIN,
S/O LATE MIA AJIDUL @ AJIDUL,
AGE:22 YEARS,
OCC:STUDENT,
3. MASTER SAHIDUR HUSSAIN,
S/O LATE MIA AJIDUL @ AJIDUL,
AGE:18 YEARS,
OCC:STUDENT,
4. MASTER SAHENUR,
S/O LATE MIA AJIDUL @ AJIDUL
AGE:12 YEARS
Digitally OCC:STUDENT
signed by SINCE MINOR REPRESENTED BY
NIRMALA HIS MOTHER NATURAL GAURDIAN
DEVI SMT. CHAKILA BABI,
Location: ALL ARE R/AT
HIGH COURT DEOYANHAT MOYAMARI (PART)
OF DEOYANHAT, COOCHBEHAR,
KARNATAKA WEST BENGAL, BENGALURU-37.
APPELLANTS
(BY SRI. SURESH M LATUR.,ADVOCATE)
AND:
1. MR SYED ASIF,
S/O SYED AMEER,
R/O NO.89, 2ND CROSS,
-2-
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MFA No. 723 of 2017
HC-KAR
ROSHAN NAGAR, MYSORE ROAD
BENGALURU -560 026.
2. THE MANAGER,
UNITED INDIA INS CO.LTD,
REGIONALOFFICE,
5TH AND 6TH FLOOR,
KRISHI BHAVAN,
NRUPATHUNGA ROAD
HUDSON CIRCLE,
BENGALURU-560 002.
RESPONDENTS
(BY SRI. L SREEKANTA RAO FOR R2.,ADVOCATE;
V/O DTD 04.02.207 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED01.04.2016 PASSED IN MVC
NO.4479/2014 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES
JUDGE, & XXXIV ACMM, MEMBER, MACT-7, COURT OF SMALL
CAUSES, BANGALORE,(SCCH-7) PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC,.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The present appeal is filed by the claimants under Section
173(1) of the Motor Vehicle Act, 19881 challenging the
judgment and award dated 01.04.2016 passed in
Hereinafter referred as to 'Act'
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HC-KAR
MVC.No.4479/2014 by the IX Additional Small Causes and
Additional MACT, Bangalore (SCCH-7)2 seeking for
enhancement of compensation.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The Tribunal vide its judgment and award dated
01.04.2016 has partly allowed the claim petition and awarded a
total compensation of `13,61,631/- together with interest at
8% per annum. Being aggrieved, the present appeal is filed
seeking for enhancement of compensation.
4. The findings of the Tribunal on negligence and
liability are not under challenge and have attained finality.
Hence, the only aspect that is required to be considered in the
present appeal is with regard to the adequacy of the quantum
of compensation awarded.
5. It is forthcoming that the claimant was aged 41
years as on date of the accident i.e., on 19.05.2014. The
Tribunal has applied a appropriate multiplier of '14'.
Hereinafter referred as to 'Tribunal'
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HC-KAR
6. It was stated that the deceased was a loader and
unloadar. However, no documents have been produced to
prove his income. The Tribunal has assessed the income at
`8,000/- per month. Having regard to the date of accident it is
just and proper that the notional income of the deceased be
re-assessed as `8,500/- per month. 25% is required to be
added towards future prospects in terms of the judgment of the
Hon'ble Supreme Court in the case of NATIONAL
INSURANCE COMPANY LTD V/S PRANAY SETHI AND
ORS3. The claimants are wife and three sons of the deceased.
The dependents being four in number 1/4th is required to be
deducted towards personal expenses. Hence, loss of
dependency is re-assessed as (`8,500/- + 25% - 1/4 X 12 X
14)= `13,38,792/- as against `11,64,801/- awarded by the
Tribunal.
7. Loss of consortium is required to be awarded in
terms of the judgment of the Hon'ble Supreme Court in the
case of MAGMA GENERAL INSURANCE COMPANY V/S
"(2017)16 SCC 680"
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HC-KAR
NANU RAM ALIAS CHUBRU RAM AND ORS4 at
`40,000/- each to the claimants together with escalation at
20%. Hence, loss of consortium is re-assessed as
(48000 X 4) = `1,92,000/- as against `1,00,000/- awarded by
the Tribunal.
8. The funeral expenses and loss of estate is required
to be awarded at `15,000/- each together with escalation at
20%. Hence, compensation of `18,000/- each is awarded
towards the same as against `25,000/- and `40,000/- awarded
by the Tribunal respectively.
9. The compensation awarded is by the Tribunal
towards loss of love and affection and expenses for
transportation of body are set aside.
10. Taking judicial notice of the rate of interest
awarded towards fixed deposits, interest on the enhanced
compensation is awarded as 7% pa.
11. In view of the aforementioned, the compensation
re-assessed is as follows:
"(2018)18 SCC 130"
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Sl.No Compensation Head Amount Amount awarded
Awarded by the by this Court (`)
Tribunal (`)
1 Loss of dependency 1164801.00 1338792.00
2 Loss of consortium 100000.00 192000.00
3 Funeral expenses 25000.00 18000.00
4 Loss of love and 25000.00 00.00
affection
5 Expenses of 6830.00 00.00
transportation of dead
body
6 Loss of estate 40000.00 18000.00
Total 1361631.00 1566792.00
12. Accordingly, the Claimant is entitled to an enhanced
compensation of (`15,66,792/- - `13,61,631/-)= `2,05,161/-.
13. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 01.04.2016 passed
in MVC.No.4479/2014 by the IX Additional Small
Causes and Additional MACT, Bangalore (SCCH-7),
is hereby modified to the extent stated herein. In
all other respects, the judgment and award of the
Tribunal remains unaltered;
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iii) The appellants/claimants are entitled to an
enhanced compensation of `2,05,161/- together
with interest at 7% per annum from the date of
petition till its realization in addition to the
compensation awarded by the Tribunal;
iv) Respondent No.2 - insurer is shall deposit the said
compensation together with accrued interest within
a period of six weeks;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon be disbursed to the claimant;
vi) The Registry to draw the modified award
accordingly;
vii) Records be transmitted to the Tribunal forthwith.
No costs.
SD/-
(C.M. POONACHA)
JUDGE
PNV
