Karnataka High Court
Philomena Ashish Fernandes vs Bajirao Baliram Lad on 10 September, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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MFA No.102799 of 2019
C/W MFA No.102792 of 2019
AND 3 OTHERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.102799 OF 2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.102792 OF 2019 (MV-D),
MISCELLANEOUS FIRST APPEAL NO.102793 OF 2019 (MV-D),
MISCELLANEOUS FIRST APPEAL NO.102794 OF 2019 (MV-D),
MISCELLANEOUS FIRST APPEAL NO.102795 OF 2019 (MV-D)
IN MFA NO.102799/2019:
BETWEEN:
SAHDEV RANJIT GAUBA
AGE: 60 YEARS, OCC: PVT. SERVICE,
R/O:H.NO.720, DONVADDO SALIGAO,
BARDEZ GOA 403511.
NOW RESIDING AT CHURCH STREET,
NEAR ST. PAUL'S SCHOOL, CAMP, BELAGAVI.
Digitally signed by
CHANDRASHEKAR ...APPELLANT
LAXMAN KATTIMANI
Location: High Court
(BY SRI. YASH NADAKARNI FOR SRI. VITTHAL S. TELI, ADVOCATES)
of Karnataka,
Dharwad Bench
AND:
1. BAJIRAO BALIRAM LAD,
AGE: MAJOR, OCC: TRANSPORT BUSINESS,
R/O. SHRIPRASADHA, C.H.S. BUILDING NO.108,
FLAT NO.2, STATION ROAD, NALASOFARA WEST,
TQ: VASAI, DIST: THANE, MAHARASHTRA 401203.
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI 590001.
...RESPONDENTS
(BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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MFA No.102799 of 2019
C/W MFA No.102792 of 2019
AND 3 OTHERS
HC-KAR
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 02.04.2019 PASSED
IN MVC NO.532/2014 ON THE FILE OF THE X ADDITIONAL DISTRICT
JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION &
ETC.
IN MFA NO.102792/2019:
BETWEEN:
1. PHILOMENA ASHISH FERNANDES
AGE. 45 YEARS, OCC. HOUSEWIFE,
R/O. HIGH STREET, NEAR MASJID CAMP, BELAGAVI.
2. MOSES ASHISH FERNANDES
AGE. 24 YEARS, OCC. STUDENT,
R/O HIGH STREET, NEAR MASJID CAMP, BELAGAVI.
...APPELLANTS
(BY SRI. YASH NADAKARNI, ADVOCATE FOR
SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. BAJIRAO BALIRAM LAD,
AGE. MAJOR, OCC. TRANSPORT BUSINESS,
R/O SHRIPRASADHA, C.H.S. BUILDING NO.108,
FLAT NO.2, STATION ROAD, NALASOFARA WEST,
TQ. VASAI, DIST. THANE, MAHARASHTRA-401203.
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI.
...RESPONDENTS
(BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 05.03.2018
PASSED IN MVC NO.405/2014 ON THE FILE OF THE X
ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION & ETC.
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MFA No.102799 of 2019
C/W MFA No.102792 of 2019
AND 3 OTHERS
HC-KAR
IN MFA NO.102793/2019:
BETWEEN:
1. JOKHAN BECHU MORYA
AGE. 63 YEARS, OCC. COOLIE,
2. KAMALAVATIDEVI JOKHAN MORYA
AGE. 60 YEARS, OCC. HOUSEWIFE,
3. KUNTHI AMARNATH MORYA
AGE. 28 YEARS, OCC. HOUSEWIFE,
4. KARSH S/O AMARNATH MORYA
AGE. 9 YEARS, OCC. STUDENT,
5. KHUSHI D/O AMARNATH MORYA
AGE. 7 YEARS, OCC. STUDENT,
6. GAGAN S/O AMARNATH MORYA
AGE. 5 YEARS, OCC. STUDENT,
(SINCE APPELLANT NO.4 TO 6 ARE MINOR'S
R/BY THEIR NATURAL MOTHER I.E. APPELLANT NO.2)
...APPELLANTS
(BY SRI. YASH NADAKARNI, ADVOCATE FOR
SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. BAJIRAO BALIRAM LAD,
AGE. MAJOR, OCC. TRANSPORT BUSINESS,
R/O SHRIPRASADHA, C.H.S. BUILDING NO.108,
FLAT NO.2, STATION ROAD, NALASOFARA WEST,
TQ. VASAI, DIST. THANE, MAHARASHTRA-401203.
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-590001.
3. REENA JOKHAN MORYA
AGE. 24 YEARS, OCC. STUDENT,
ALL ARE R/O PEERANWADI, TQ. & DIST. BELAGAVI-590014.
...RESPONDENTS
(BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;
NOTICE TO R1 & R3 DISPENSED WITH)
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MFA No.102799 of 2019
C/W MFA No.102792 of 2019
AND 3 OTHERS
HC-KAR
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 05.03.2018
PASSED IN MVC NO.406/2014 ON THE FILE OF THE X
ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION & ETC.
IN MFA NO.102794/2019:
BETWEEN:
1. JUBEDA W/O ALLABAKSHA @ ALISAB BAGAWAN
AGE. 65 YEARS, OCC. HOUSEWIFE,
R/O 6TH CROSS, NEW GANDHI NAGAR,
TQ. & DIST. BELAGAVI-590016.
2. AFREEN D/O ALLABAKSHA @ ALISAB BAGAWAN
AGE. 17 YEARS, OCC. STUDENT,
R/O 6TH CROSS, NEW GANDHI NAGAR,
TQ. & DIST. BELAGAVI-590016.
3. RIZWANA D/O ALLABAKSHA @ ALISAB BAGAWAN
AGE. 15 YEARS, OCC. STUDENT,
R/O 6TH CROSS, NEW GANDHI NAGAR,
TQ. & DIST. BELAGAVI-590016.
4. REHANA D/O ALLABAKSHA @ ALISAB BAGAWAN
AGE. 13 YEARS, OCC. STUDENT,
R/O 6TH CROSS, NEW GANDHI NAGAR,
TQ. & DIST. BELAGAVI-590016.
(SINCE APPELLANT NO.2 TO 4 ARE MINOR'S THEY ARE R/BY
THEIR NATURAL MOTHER I.E. APPELLANT NO.1)
...APPELLANTS
(BY SRI. YASH NADAKARNI, ADVOCATE FOR
SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. BAJIRAO BALIRAM LAD,
AGE. MAJOR, OCC. TRANSPORT BUSINESS,
R/O SHRIPRASADHA, C.H.S. BUILDING NO.108,
FLAT NO.2, STATION ROAD, NALASOFARA WEST,
TQ. VASAI, DIST. THANE, MAHARASHTRA-401203.
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MFA No.102799 of 2019
C/W MFA No.102792 of 2019
AND 3 OTHERS
HC-KAR
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-590016.
...RESPONDENTS
(BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 05.03.2018
PASSED IN MVC NO.407/2014 ON THE FILE OF THE X
ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION & ETC.
IN MFA NO.102795/2019:
BETWEEN:
1. VIKRAM S/O MUNASAR KUSHWAHA
AGE. 65 YEARS, OCC. CENTERING,
R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008.
2. PAANPATIDEVI W/O VIKRAM KUSHWAHA
AGE. 60 YEARS, OCC. HOUSEWIFE,
R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008.
3. SUSHILADEVI W/O VIJAY KUSHWAHA
AGE. 31 YEARS, OCC. HOUSEWIFE,
R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008.
4. NIKHIL S/O VIJAY KUSHWAHA
AGE. 9 YEARS, OCC. STUDENT,
R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008.
5. NIKESH S/O VIJAY KUSHWAHA
AGE. 7 YEARS, OCC. STUDENT,
R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590008.
(SINCE APPELLANT NO.4 & 5 ARE MINORS THEY ARE R/BY
THEIR NATURAL MOTHER I.E. APPELLANT NO.3)
...APPELLANTS
(BY SRI. YASH NADAKARNI, ADVOCATE FOR
SRI. VITTHAL S. TELI, ADVOCATE)
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MFA No.102799 of 2019
C/W MFA No.102792 of 2019
AND 3 OTHERS
HC-KAR
AND:
1. BAJIRAO BALIRAM LAD,
AGE. MAJOR, OCC. TRANSPORT BUSINESS,
R/O SHRIPRASADHA, C.H.S. BUILDING NO.108,
FLAT NO.2, STATION ROAD, NALASOFARA WEST,
TQ. VASAI, DIST. THANE, MAHARASHTRA-401203.
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-590001.
3. MANOJ S/O VIKRAM KUSHWAHA
AGE. 25 YEARS, OCC. STUDENT,
R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590001.
4. MANJESH S/O VIKRAM KUSHWAHA
AGE. 24 YEARS, OCC. STUDENT,
R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590001.
5. PUNITA D/O VIKRAM KUSHWAHA
AGE. 21 YEARS, OCC. STUDENT,
R/O KHADARWADI, TQ. AND DIST. BELAGAVI-590001.
...RESPONDENTS
(BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;
NOTICE TO R1,R3 TO R5 NOTICE DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 05.03.2018
PASSED IN MVC NO.408/2014 ON THE FILE OF THE X
ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION & ETC.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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MFA No.102799 of 2019
C/W MFA No.102792 of 2019
AND 3 OTHERS
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
MFA.No.102799/2019 is filed by the claimant seeking
enhancement of compensation being aggrieved by the
judgment & award dated 02.04.2019 passed in MVC
Nos.532/2014 by the X Additional District Judge and Member of
Addl. Motor Accident Claims Tribunal, Belagavi (for short,
'Tribunal').
1(a). MFA.Nos.102792/2019, 102793/2019,
102794/2019 and 102795/2019 are filed by the
appellants/claimants seeking enhancement of compensation
being aggrieved by the common judgment & award dated
05.03.2018 passed in MVC Nos.405, 406, 407 and 408 of 2014
by the Tribunal.
2. Brief facts leading to filing of these appeals are that
on 19.03.2013, one Santaji Kailash Kiradat driver of luxury bus
bearing Registration No. MH-04/FC-9559, drove the same on
Goa-Bombay Highway at a high speed in a rash and negligent
manner. While he was proceeding on the Jagbudi Bridge, he
lost control over the bus as a result, he went off the road and
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dashed to the bridge railings. Due to the said impact, the bus
fell into the Jagbudi River from the height of 32 feet resulting in
the death of 37 passengers and injury to 14 passengers.
2(a). It is further averred that the deceased-Maria Sadeo
Gauba in MVC No. 532/2014 was 40 years old at the time of
accident and was doing service in Goan Cuisine Pvt. Ltd,
Australia and was thereby earning Australian Dollar 40,310.40
(Rs.16,12,400) per annum. Due to her untimely death, the
claimant has lost dependency, love and affection and filed a
claim petition seeking compensation of Rs. 1,60,00,000/-.
2(b). The deceased-Bawtis Ashish Fernandes in MVC.No.
405/2014 was 22 years old at the time of the accident and was
working as a Seaman/Deck Officer in a Ace-Ship Management,
Mumbai on a contract basis earning a salary of Rs.50,000/-
and due to his untimely death the appellants/claimants have
filed claim petition seeking compensation of Rs.62,00,000/-.
The deceased-Amarnath in MVC.No.406/2014 was aged about
25 years at the time of accident and was doing centering work
and earning Rs.20,000/- per month and the
appellants/claimants have filed claim petition seeking
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compensation of Rs.65,00,000/-. The deceased-Mashak in
MVC.No.407/2014 was aged about 22 years at the time of the
accident and was mason by avocation and earning Rs.20,000/-
per month and the appellants/claimants have filed claim
petition seeking compensation of Rs.60,00,000/-. The
deceased-Vijay in MVC.No.408/2014 was aged about 28 years
at the time of the accident and was doing centering work and
earning Rs.20,000/- per month and the appellants/claimants
have filed claim petition seeking compensation of
Rs.65,00,000/-.
2(c). The respondent No.2 filed statement of objections
denying the averments made in the claim petitions. It is
averred that at the time of accident the driver of offending
vehicle did not have a valid and effective driving license to
drive such a class of vehicle and there were 52 persons
travelling in the said bus against seating capacity of 48 which is
violation of permit conditions. It is further averred that the
deceased persons were proceeding in the bus as a gratuitous
passengers. Hence, it seeks to dismiss the claim petitions.
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2(d). The Tribunal recorded the evidence. The claimant in
MVC.No.532/2014 have examined himself as PW-1 and got
marked documents as Exs.P1 to P15. The respondent did not
adduce evidence, and did not produce any document. The
claimants in MVC.Nos.405, 406, 407 and 408 of 2014 have
examined four witnesses as PWs-1 to PW-4 and got marked
Exs.P1 to P15. The respondent examined two witnesses as
RW-1 and RW-2 and got marked Exs.R1 to R9.
2(e). The Tribunal in MVC No.532/2014, awarded a total
compensation of Rs.7,94,200/- along with the interest at the
rate of 6% per annum and also in MVC.Nos.405/2014,
406/2014. 407/2014 and 408/2014 awarded a total
compensation of Rs.13,26,000/-, Rs.12,04,000/-,
Rs.7,86,000/-, Rs.11,41,000/- respectively along with the
interest at the rate of 6% per annum. The Tribunal recorded
the finding that both respondent Nos.1 and 2 are jointly and
severally liable to pay the total compensation. Being aggrieved,
the appellants/claimants are in these appeals seeking higher
compensation.
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3. Sri.Vittal S. Theli, learned counsel appearing for the
appellants/claimants submits that the Tribunal has committed
grave error is assessing the income of the deceased persons. It
is submitted that in MVC.Nos.532/2014, the deceased was
earning salary of 40,310.40 Australian Dollar per annum.
However, the Tribunal assessed the income of the deceased at
Rs.12,000/- per month. It is further submitted that the non
award of compensation under the head of loss of dependency is
erroneous. Hence, he seeks to reassess the same.
3(a). Learned counsel for the appellants/claimants
submits that the Tribunal has erred in assessing the income of
the deceased and loss of future prospects of the deceased in all
the claim petitions. It has awarded meager compensation under
the head of loss of consortium, loss of estate and transportation
of dead body and funeral expenses. It is further submitted that
the appellants are entitled to 10% escalation on the amount of
compensation under the conventional heads. It is also
submitted that the Tribunal in MVC.Nos.406/2014 and
408/2014 has committed grave error in not considering the
unmarried brothers and sisters as dependents of the deceased
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which also requires to be interfered in these appeals. Hence, he
seeks to allow the appeals filed by the claimants.
4. Sri.Rajashekar S. Arani, learned counsel appearing
for the respondent No.2/insurance company supports the
impugned judgments and awards of the Tribunal and submits
that the Tribunal has rightly awarded compensation by properly
assessing the income of the deceased persons based on the
evidence available on record. It is submitted that the claimants
have not produced any acceptable evidence before the Tribunal
with regard to the income. Hence, award of compensation by
the Tribunal is just and proper and does not call for any
enhancement. He seeks for dismissal of the appeals.
5. We have heard the arguments of the learned
counsel for the appellants and respondent-insurance company
and perused the materials available on record. We have given
our anxious consideration to the submissions advanced on both
sides. The point that arises for consideration in these appeals
is, whether the impugned judgments and awards of the
Tribunal call for any interference in these appeals?
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6. The aforesaid point is answered in 'partly
affirmative' for the following reasons:
a. In MVC No.532/2014, the appellant/
claimant is the husband of the deceased-Mariya
Sadeo Gauba. She was aged about 47 years at the
time of accident and was doing service in Goan
Cuisine Pty. Ltd., Australia. The Tribunal considered
her income at Rs.12,000/- per month and awarded
compensation of Rs.7,94,200/-. The contention
with regard to the income of the deceased is
without any basis as the appellant/claimant have
produced only pay slips at Exs.P7 to P9 and the
employment details at Ex.P10. However, the author
of Exs.P7 to P10 has not been examined before the
Tribunal nor placed corroborative evidence to
substantiate the claim that the deceased was
drawing a salary of 40,310.40 Australian Dollar per
annum. The Tribunal taking note of the evidence of
PW.1 has come to a conclusion that PW.1 is also
working at Australia and his nature of avocation is
shifting the patients in hospital and is earning
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independently. The Tribunal awarded Rs.7,39,200/-
under the head of loss of estate, which in our view
is just and proper and does not call for any
modification. The award of compensation under the
head of loss of consortium is Rs.40,000/- and
Rs.15,000/- towards the transportation of dead
body and funeral expenses. The appellant/claimant
is also entitled to an addition of 10% to the same.
b. In MVC No.405/2014, the appellants/
claimants are parents and younger brother of the
deceased-Bawtis Ashish Fernandes. The deceased
was aged about 22 years at the time of the
accident, hence, the appropriate multiplier would
be 18. The Tribunal assessed his income at
Rs.12,000/- per month and awarded total
compensation of Rs.13,26,000/-. The record
indicates that the deceased was working as
Seaman/Deck Officer in Ace-Ship Management,
Mumbai on contract basis as it is evident from
Ex.P9. Considering his education qualification and
nature of work, we are of the view that the income
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of the deceased is required to be reassessed at
Rs.13,000/- per month. The appellants/claimants
are entitled to an addition of 40% of the assessed
income under the head of loss of future prospects
of the deceased. The deceased was bachelor and
the appropriate deduction would be 50% towards
the personal and living expenses of the deceased.
Hence the loss of dependency is as under:
Rs.13000 + 40% x 12 x 18 - 50% = Rs.19,65,600/-
The appellants/claimants are also entitled to
consortium of Rs.44,000/- and Rs.16,500/- under
the head of loss of estate and Rs.16,500/- towards
the transportation of dead body and funeral
expenses. The aforesaid amount includes 10%
escalation.
c. In MVC No.406/2014, the appellants/
claimants are parents, wife, minor children and
unmarried younger sister of the deceased-
Amarnath Morya. The deceased was aged about 25
years at the time of accident, hence, the
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appropriate multiplier would be 18. The Tribunal
notionally assessed his income at Rs.7,000/- per
month which is just and proper as the accident is of
the year 2013. The appellants/claimants are
entitled to an addition of 40% of the assessed
income under the head of loss of future prospects
of the deceased. The Tribunal erred in not
considering claimant No.7 as dependent. The
records indicate that the claimant No.7 is an
unmarried sister of the deceased pursuing her
education and was residing along with the
deceased and she was fully dependent on his
earning, hence, the appropriate deduction would be
1/5th. Hence, the loss of dependency is as under:
Rs.7000 + 40% x 12 x 18 - 1/5 = Rs.16,93,440/-
The appellants/claimants are also entitled to
consortium of Rs.44,000/- each and Rs.16,500/-
under the head of loss of estate and Rs.16,500/-
towards the transportation of dead body and
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funeral expenses. The aforesaid amount includes
10% escalation.
d. In MVC No.407/2014, the appellants/
claimants are parents and siblings of the deceased-
Mashak. The deceased was aged about 25 years at
the time of accident, hence, the appropriate
multiplier would be 18. Though it is claimed that
the deceased was earning Rs.20,000/- per month
but no cogent evidence is placed on record. Hence,
we affirm the notional income assessed by the
Tribunal. The appellants/claimants are entitled to
an addition of 40% under the head of loss of future
prospects and deduction towards personal and
living expenses would be 50% as the deceased was
bachelor at the time of accident. Hence, the loss of
dependency is as under:
Rs.7000 + 40% x 12 x 18 - 50% = Rs.10,58,400/-
The appellants/claimants are also entitled to
consortium of Rs.44,000/- each and Rs.16,500/-
under the head of loss of estate and Rs.16,500/-
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towards the transportation of dead body and
funeral expenses. The aforesaid amount includes
10% escalation.
e. In MVC No.408/2014, the appellants/
claimants are parents, wife, children and unmarried
siblings of the deceased-Vijay. The deceased was
aged about 28 years at the time of accident, hence,
the appropriate multiplier would be 17. The
Tribunal taking note of the fact that no legally
acceptable evidence were placed with regard to the
income of the deceased and assessed the income of
the deceased notionally at Rs.7,000/- per month
which we affirm. The appellants/claimants are
entitled to an addition of 40% under the head of
loss of future prospects. We are also conscious of
the fact that the Tribunal erred in not considering
the claimant Nos.7 to 9 as the dependents of the
deceased. The claimant Nos.7 to 9 are the siblings
of the deceased and as per the evidence on record
they were pursuing education, residing with the
deceased and were dependent on his income,
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hence, the deduction towards the personal and
living expenses of the deceased would be 1/5th.
Hence, the loss of dependency is as under:
Rs.7000 + 40% x 12 x 17 - 1/5 = Rs.15,99,360/-
The appellants/claimants are also entitled to
consortium of Rs.44,000/- each and Rs.16,500/-
under the head of loss of estate and Rs.16,500/-
towards the transportation of dead body and
funeral expenses. The aforesaid amount includes
10% escalation.
7. Having considered the pleading and evidence on
record, we are of the considered view that the
appellants/claimants are entitled for the enhanced
compensation as under:
7(a). In MVC.No.532/2014 (MFA.No.102799/2019), the
appellant/claimant would be entitled to modified compensation
on the following heads:
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Particulars Amount
(in Rs.)
Loss of estate 7,39,200/-
Transportation of dead body and funeral 16,500/-
expenses
Loss of consortium 44,000/-
Total 7,99,700/-
7(b). In MVC No.405/2014 (MFA.No.102792/2019), the
appellants/claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 19,65,600/-
Loss of estate 16,500/-
Transportation of dead body and funeral 16,500/-
expenses
Loss of consortium (Rs.44,000 X 2) 88,000/-
Total 20,86,600/-
7(c). In MVC No.406/2014 (MFA.No.102793/2019), the
appellants/claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 16,93,440/-
Loss of estate 16,500/-
Transportation of dead body and funeral 16,500/-
expenses
Loss of consortium (Rs.44,000 X 7) 3,08,000/-
Total 20,34,440/-
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7(d). In MVC No.407/2014 (MFA.No.102794/2019), the
appellants/claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 10,58,400/-
Loss of estate 16,500/-
Transportation of dead body and funeral 16,500/-
expenses
Loss of consortium (Rs.44,000 X 4) 1,76,000/-
Total 12,67,400/-
7(e). In MVC No.408/2014 (MFA.No.102795/2019), the
appellants/claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 15,99,360/-
Loss of estate 16,500/-
Transportation of dead body and funeral 16,500/-
expenses
Loss of consortium (Rs.44,000 X 8) 3,52,000/-
Total 19,84,360/-
8. In the result, this Court proceeds to pass the
following:
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HC-KAR
ORDER
a) The appeals are allowed in part.
b) The impugned judgment and award of the
Tribunal in MVC No.532/2014 is modified to
an extent that the appellant/claimant would
be entitled to total compensation of
Rs.7,99,700/- as against Rs.7,94,200/-
awarded by the Tribunal.
c) The impugned judgment and award of the
Tribunal in MVC No.405/2014 is modified to
an extent that the appellants/claimants would
be entitled to total compensation of
Rs.20,86,600/- as against Rs.13,26,000/-
awarded by the Tribunal.
d) The impugned judgment and award of the
Tribunal in MVC No.406/2014 is modified to
an extent that the appellants/claimants would
be entitled to total compensation of
Rs.20,34,440/- as against Rs.12,04,000/-
awarded by the Tribunal.
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e) The impugned judgment and award of the
Tribunal in MVC No.407/2014 is modified to
an extent that the appellants/claimants would
be entitled to total compensation of
Rs.12,67,400/- as against Rs.7,86,000/-
awarded by the Tribunal.
f) The impugned judgment and award of the
Tribunal in MVC No.408/2014 is modified to
an extent that the appellants/claimants would
be entitled to total compensation of
Rs.19,84,360/- as against Rs.11,41,000/-
awarded by the Tribunal.
g) The compensation amount shall carry interest
at the rate of 6% per annum from the date of
claim petition till realization.
h) The respondent No.2/Insurer shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of this judgment.
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i) The apportionment, deposit and disbursement
of enhanced compensation shall be made as
per award of the Tribunal.
j) Registry to transmit the records to the
Tribunal forthwith.
k) Draw modified award accordingly.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
ABK
