Karnataka High Court
Santosh Geer And Ors vs Balasaheb And Anr on 5 March, 2025
Author: K Natarajan
Bench: K Natarajan
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MFA No. 200604 of 2020
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE K NATARAJAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCL. FIRST APPEAL NO.200604 OF 2020 (MV-D)
BETWEEN:
SANTOSH GEER
S/O MACHENDRA GIR GOSAVI,
AGE: 35 YEARS, OCC: VEGETABLE VENDOR,
SINCE DECEASED BY HIS LRS.
1. NANDA W/O SANTOSH GIR,
AGE: 33 YEARS, OCC: HOUSE HOLD
2. SAINATH GEER S/O SANTOSH GIR
Digitally signed by AGE: MINOR.12 YEARS,
BASALINGAPPA
SHIVARAJ
DHUTTARGAON 3. NAVANATH GEER
Location: HIGH S/O SANTOSH GIR
COURT OF
KARNATAKA AGE: MINOR 10 YEARS,
4. KALAWATI W/O MACHENDRA GIR GOSAVI,
AGE: 63 YEARS, OCC: HOUSE HOLD,
ALL ARE R/AT: NIRAGUDI VILLAGE,
TQ: BASAVAKALYAN, DIST: BIDAR-585327.
...APPELLANTS
(BY SRI B. C. JAKA, ADVOCATE)
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MFA No. 200604 of 2020
AND:
1. BALASAHEB
S/O NILAKANTH MANE,
AGE: MAJOR, OCC: OWNER OF TATA SUMO
BEARING NO. MH. 24/L-4495,
R/AT: VILLAGE HADOLI, TQ: NILANGA,
DIST: LATUR (M.S.)-413521.
2. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD.,
N.V. COLLEGE ROAD, SANGAMESHWAR COLONY,
KALABURAGI-585103.
...RESPONDENTS
(SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DATED 07.12.2021 NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL
BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED
20.12.2018 PASSED BY THE II ADDL. DIST AND SESSIONS
COURT BIDAR, BENCH AT BASAVAKALYAN IN MVC
NO.307/2017 AND CONSEQUENTLY TO ENHANCE THE
COMPENSATION OF RS.54,63,000/- WITH INTEREST @ 12%
PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL
REALIZATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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MFA No. 200604 of 2020
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This appeal is filed by the claimants seeking for
higher compensation being aggrieved by the judgment and
award dated 20.12.2018 passed in MVC No.307/2017 by
the II Additional District and Sessions Judge, Bidar sitting
at Basavakalyan.
2. Heard Sri B.C. Jaka, learned counsel for the
appellants and Sri Sudarshan M., learned counsel for
respondent No.2 - Insurance Company.
3. Learned counsel for the appellants submits that
the Tribunal has committed grave error in assessing the
income of the deceased at Rs.8,000/- per month without
appreciating the fact that deceased was a vegetable
vendor and was earning Rs.15,000/- per month. It is
submitted that the deceased was aged about 35 years at
the time of accident and claimants being the wife, two
children and mother of the deceased, have filed the claim
petition. The Tribunal has further erred in not awarding
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any compensation under the head of loss of future
prospects which they are entitled as per the law laid down
by the Hon'ble Apex Court in the case of National
Insurance Company Limited vs. Pranay Sethi and
others1. It is further submitted that the claimants are also
entitled for compensation of Rs.15,000/- under the head
of loss of estate and Rs.15,000/- under the head of
transportation of dead body and funeral expenses. Hence,
he seeks to allow the appeal by appropriately modifying
the impugned award.
4. Per contra, Sri Sudarshan M., learned counsel
appearing for the respondent - Insurance Company
supports the impugned judgment and award of the
Tribunal and submits that the claimants have failed to
produce any legally acceptable evidence with regard to the
income. Hence, the Tribunal has assessed the income of
the deceased at Rs.8,000/- per month. It is submitted
that the Tribunal, taking note of the oral and documentary
(2017) 16 SCC 680
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evidence, has awarded just compensation of
Rs.17,37,000/- which does not call for enhancement.
Hence, he seeks to dismiss the appeal.
5. We have heard the arguments of learned
counsel for the appellants/claimants and learned counsel
for the Insurance Company and meticulously perused the
material on record.
6. The only point that arises for our consideration
in this appeal is:
Whether the impugned judgment and award of
the Tribunal calls for any interference by this
Court?
7. The material available on record would indicate
that on 05.01.2017 at about 07.30 p.m. the deceased
Santosh Gir was proceeding from Umarga to Basavakalyan
on motor cycle bearing Reg.No.MH-12/S-3279. When he
reached near Mohan Dhaba at Chandakapur on NH-9, at
that time the offending vehicle i.e., Tata Sumo bearing
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Reg.No.MH-24/L-4495 came from hind side being driven
by its driver in a rash and negligent manner and dashed to
the motor cycle resulted in Sri Santosh sustaining grievous
injuries all over the body and he succumbed to those
injuries in the said accident.
8. The claimant No.1 - Nanda examined herself as
PW-3 and got marked Exs.P-1 to P-33. The respondent -
Insurance Company did not adduce any evidence. The
Tribunal, by a common judgment and award, assessed the
compensation at Rs.17,37,000/- with interest at the rate
of 9% per annum.
9. Admittedly, the claimant has not produced any
evidence with regard to the income of the deceased before
the Tribunal. Considering the notional income chart
prepared by the Karnataka State Legal Services Authority,
we re-assess the notional income of the deceased at
Rs.10,250/- per month for the purpose of determination of
compensation. Admittedly, the deceased was aged about
35 years and was doing vegetable vending business.
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Hence, the claimants are entitled for addition of 40% of
the assessed income under the head of loss of future
prospects. The claimants are also entitled for loss of
consortium at the rate of Rs.40,000/- each as per the
judgment of the Hon'ble Apex Court in the case of Magma
General Insurance Company Limited vs. Nanuram alias
Chuhru Ram & others2 and are also entitled for
Rs.15,000/- under the head of loss of estate and
Rs.15,000/- towards transportation of dead body and
funeral expenses. Insofar as award of medical expenses
by the Tribunal of a sum of Rs.5,14,950/- is unaltered.
10. For the aforementioned reasons, the
compensation is re-assessed as under:
Computation of loss of dependency
Description Amount
Income Rs.10,250.00
Addition to such income at the
rate 40% towards future Rs.4,100.00
prospects
Monthly Income with the
addition towards future Rs.14,350.00
prospects
(2018) 18 SCC 130
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Deduction of 1/4th towards
Rs.3,587.5
personal expenses
Monthly income with addition of
future prospects and deduction Rs.10,762.5
towards personal expenses
Therefore, Annual Income Rs.1,29,150.00
Loss of Dependency Rs.20,66,400.00
The computation of enhancement:
Description Amount
Loss of dependency Rs.20,66,400.00
Loss of consortium
(Rs.40,000/- x 4) Rs.1,60,000.00
Medical expenses Rs.5,14,950.00
Loss of estate Rs.15,000.00
Transportation of dead body
Rs.15,000.00
and funeral expenses
Total Rs.27,71,350.00
Award of the Tribunal Rs.17,37,000.00
Enhanced Compensation Rs.10,34,350.00
11. In the result, we proceed to pass the following:
ORDER
(i) The appeal is allowed in part.
(ii) The judgment and award dated 20.12.2018
passed in MVC No.307/2017 by the II
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Additional District and Sessions Judge Bidar,
sitting at Basavakalyan is modified.
(iii) The appellants/claimants are entitled for an
enhanced compensation of Rs.10,34,350/-
which shall carry interest at the rate of 6%
per annum from the date of petition till the
date of realization.
(iv) It is made clear that the appellants/claimants
are not entitled for interest for the delayed
period of 339 days as ordered by this Court
on 18.01.2024.
Sd/-
(K NATARAJAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
SWK
CT:SI
