Karnataka High Court
Smt. Laxmi W/O Jotiba Bandagi vs Sri. Balkrishna S/O Gopal Godse on 14 March, 2024
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NC: 2024:KHC-D:5262
MFA No. 104256 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 104256 OF 2019 (MV-D)
BETWEEN:
1. SMT. LAXMI W/O. JOTIBA BANDAGI,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O. TANAJI GALLI, BASTAWAD,
PIN-590001, TAL & DIST: BELAGAVI.
2. SHRI. JOTIBA S/O. GANGARAM BANDAGI,
AGE: 51 YEARS, OCC: COOLIE,
R/O. TANAJI GALLI, BASTAWAD,
PIN-590001, TAL & DIST: BELAGAVI.
...APPELLANTS
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
1. SRI. BALKRISHNA S/O. GOPAL GODSE,
AGE: 46 YEARS, OCC: BUSINESS,
R/O. 184/12, CCB NO.72,
SWAMI VIVEKANAND COLONY, TILAKWADI,
BELAGAVI, PIN-590002, TQ & DIST: BELAGAVI.
Digitally signed
by ROHAN
HADIMANI T 2. THE DIVISIONAL MANAGER,
Location: HIGH UNITED INDIA INSURANCE COMPANY LTD,
COURT OF HAVING ITS DIVISIONAL OFFICE AT
KARNATAKA
MARUTI GALLI, BELAGAVI, PIN-580001.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD
PASSED BY COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND
ADDITIONAL M.A.C.T, BELAGAVI, IN MVC NO.1317/2018 DATED
16-07-2019, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 104256 of 2019
JUDGMENT
This appeal is filed by the claimants being aggrieved by the judgment and award dated 16.07.2019 passed in MVC.No.1317/2018 by the Principal Senior Civil Judge & Addl. MACT., Belagavi (for short, 'Tribunal').
2. Brief facts leading to filing of this appeal are that one Sri.Mahesh Bandagi was proceeding on motorcycle bearing registration No.KA-22/ET-2965 on 16.05.2018. At that time, the driver of the Mahindra vehicle bearing registration No.KA-50/9669 came from opposite side in a rash and negligent manner and dashed to the motorcycle, which resulted in an accident. The said Mahesh sustained grievous injuries and died in the said accident. It is averred that the deceased Mahesh was aged about 23 years at the time of the accident and doing tiles fitting work and earning more than Rs.20,000/- per month. Hence, the claimants filed the claim petition seeking compensation.
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3. The respondents entered appearance and opposed the claim petition.
4. The Tribunal after considering the evidence available on record has awarded total compensation of Rs.8,60,000/- along with interest at the rate of 9% per annum from the date of petition till realisation of the amount. Being aggrieved by the same, the claimants have preferred this appeal seeking enhancement of compensation.
5. Sri.Hanamant R.Latur, learned counsel appearing for the appellants/claimants submits that the Tribunal has committed grave error in assessing the income of the deceased at Rs.10,000/- per month which is contrary to the evidence available on record. It is submitted that the Tribunal has not awarded any compensation under the head of loss of future prospects of the deceased. He also submits that the award of compensation of the Tribunal under the head of 'love and -4- NC: 2024:KHC-D:5262 MFA No. 104256 of 2019 affection' and towards 'funeral expenses' are also on lower side. Thus, he seeks to allow the appeal.
6. Per contra, Sri.N.R.Kuppelur, learned counsel appearing for respondent No.2/Insurance Company supports the impugned judgment and award of the Tribunal and submits that the appellants/claimants have not placed any evidence before the Tribunal with regard to the income of the deceased. Hence, the Tribunal is justified in assessing the income of the deceased at Rs.10,000/- per month. It is submitted that the award of compensation on other heads is also just and appropriate which does not call for enhancement of the same. Thus, he seeks to dismiss the appeal.
7. I have heard the arguments of the learned counsel appearing for the appellants/claimants and the learned counsel appearing for respondent No.2/Insurance Company. Meticulously perused the material available on record.
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8. It is not in dispute that one Sri.Mahesh Bandagi son of the appellants met with a road accident on 16.05.2018 and succumbed to the injuries sustained in the said accident. It is also not in dispute that the driver of the car was negligent and caused the accident. The material available on record indicate that the deceased was aged about 23 years at the time of the accident and was doing tiles fitting work. However, the appellants have not placed any evidence before the Tribunal with regard to the income of the deceased. In the absence of any evidence, this Court normally places reliance on the notional income chart prepared by the Karnataka State Legal Services Authority to assess the income for the purpose of determination of compensation. Placing reliance on the above said chart, this Court assesses the notional income of the deceased at Rs.11,750/- per month.
9. Admittedly, the Tribunal has not awarded any compensation under the head of loss of future prospects of the deceased. The deceased was aged about 23 years at -6- NC: 2024:KHC-D:5262 MFA No. 104256 of 2019 the time of the accident, hence, the appellants are entitled to addition of 40% of the assessed income of the deceased under the head of loss of future prospects for the purpose of determination of compensation. Thus, the claimants would be entitled for modified compensation on the head of loss of dependency at Rs.17,76,600/- (Rs.11,750 + 40% x 12 x 18 x 50/100).
10. The appellants/claimants are also entitled to Rs.15,000/- each with 10% escalation under the head of loss of estate and funeral expenses. Similarly, the appellants/claimants are also entitled to Rs.40,000/- each with 10% escalation under the head of loss of consortium.
11. Thus, the claimants would be entitled to modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 17,76,600/-
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium (Rs.44,000x2) 88,000/-
Total 18,97,600/-
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MFA No. 104256 of 2019
Thus, the claimants shall be entitled to total
compensation of Rs.18,97,600/- as against
Rs.8,60,000/- awarded by the Tribunal.
12. In the result, I pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.18,97,600/- as against Rs.8,60,000/- awarded by the Tribunal.
c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.
d) The Insurer shall deposit the enhanced compensation with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment.-8-
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e) The apportionment, deposit and disbursement of enhanced compensation shall be made as per award of the Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE RH List No.: 1 Sl No.: 33