Karnataka High Court
The Cholamandalam Mg General Insurance ... vs Smt. Dilshad W/O. Late Abdul Rehaman on 5 July, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 05TH DAY OF JULY, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MFA NO. 103063 OF 2018 (MV-D)
C/W
MFA NO. 102391 OF 2018
IN MFA NO. 103063 OF 2018 (MV-D)
BETWEEN:
1. SMT. DILSHAD
W/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 37 YEARS,
OCC:HOUSEHOLD. R/O:PENDARI ONI,
BETAGERI, GADAG.
2. SHAHIN
D/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 17 YEARS,
OCC:STUDENT, R/O: PENDARI ONI,
BETAGERI, GADAG.
3. SIRIN
D/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 16 YEARS,
Digitally signed
by ROHAN
ROHAN HADIMANI T
HADIMANI Location:
DHARWAD
T Date:
2022.07.11
10:28:28 +0530
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
OCC:STUDENT,
R/O:PENDARI ONI,
BETAGERI, GADAG.
4. AFZAL (ABHJAL)
S/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 12 YEARS, OCC:STUDENT,
APPELLANT NO.2 TO 4 MINORS
R/BY THEIR NATURAL GUARDIAN MOTHER
SMT. DILSHAD
W/O LATE ABDUL REHAMAN MALABARI
R/O PEDARI ONI, BETAGERI, GADAG.
... APPELLANTS
(BY SRI. GIRISH S.HIREMATH, ADVOCATE)
AND:
1. SHIVANNA H., S/O HANUMANTAPPA
AGED ABOUT 53 YEARS,
OCC:DRIVER. R/O:TIPPAREDDYHALLI,
TQ:CHALLAKERI, DT:CHITRADURGA,
PIN CODE NO.577522,
(DRIVER OF TANKER BEARING
REG.NO.KA.51/D-5177).
2. P.R.BALAKRISHNA S/O P.V.RANGANNA
AGED ABOUT 46 YEARS,
OCC:TRANSPORT BUSINESS,
R/O:ADIVALA, TQ:HIRIYUR,
DT:CHITRADURGA,
PIN CODE NO.77511,
DT:CHITRADURGA PIN CODE,
NO.577522,
(OWNER OF TANKER BRARING
REG.NO.KA.51/D-5177).
3. THE CHOLAMANDALAM MS
GENERAL INSURANCE COMPANY LTD.,
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
BY ITS AUTHORIZED SIGNATORY,
FIRST FLOOR, KALBURGI SQUARE,
DESPHANDE NAGAR,
HUBLI, DIST:DHARWAD.
...RESPONDENTS
(BY SRI. SUBHASH J.BADDI, ADV. FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 19.04.2018 PASSED IN MVC NO.108/2017 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA NO. 102391 OF 2018 (MV-D)
BETWEEN:
THE CHOLAMANDALAM MS
GENERAL INSURANCE COMPANY LTD.,
BY ITS AUTHORIZED SIGNATORY,
FIRST FLOOR, KALBURGI SQUARE,
DESPHANDE NAGAR,
HUBLI, DIST:DHARWAD.
... APPELLANT
(BY SRI. SUBHAS J.BADDI, ADVOCATE)
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
AND:
1. SMT. DILSHAD
W/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 37 YEARS,
OCC:HOUSEHOLD. R/O:PENDARI ONI,
BETAGERI, GADAG-582102.
2. SHAHIN
D/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 17 YEARS,
OCC:STUDENT,
3. SIRIN
D/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 16 YEARS,
OCC:STUDENT,
4. AFZAL (ABHJAL)
S/O LATE ABDUL REHAMAN MALABARI,
AGED ABOUT 12 YEARS, OCC:STUDENT,
RESPONDENT NOS.2 TO 4 MINORS
R/BY THEIR NATURAL GUARDIAN MOTHER
RESPONDENT NO.1.
5. SHIVANNA H. S/O.HANUMANTAPPA,
AGE: 53 YEARS, OCC: DRIVER,
R/O. TIPPAREDDYHALLI, TQ. CHALLAKERI,
DT: CHITRADURGA-577522.
6. P.R.BALAKRISHAN S/O. P.V.RANGANNA,
AGE: 46 YEARS, OCC. TRANSPORT BUSINESS,
R/0. ADIVALA, TQ. HIRIYUR,
DT. CHITRADURGA-577511.
...RESPONDENTS
(BY SRI. GIRISH S. HIREMATH, ADV. FOR R1;
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MFA No. 103063 of 2018
C/W MFA No. 102391 of 2018
R2 TO R4 ARE MINORS R/B. R1;
R5 & R6 - NOTICE DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 19.04.2018 PASSED IN MVC NO.108/2017 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, AWARDING COMPENSATION OF
Rs.12,20,000/- WITH INTEREST AT 8% P.A. FROM THE
DATE OF PETITION TILL ITS REALISATION.
THESE APPEALS COMING ON FOR ADMISSION THIS
DAY, P.KRISHNA BHAT J., DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are at the instance of the claimants and the Insurance Company calling in question the correctness of the judgment and award dated 19.04.2018 in MVC No.108/2017 on the file of learned the Additional District and Sessions Judge, Gadag (for short, 'Tribunal').
2. Brief facts are that on 24.02.2017 at about 04:00 a.m., while deceased Abdul Rehmansab was -6- MFA No. 103063 of 2018 C/W MFA No. 102391 of 2018 walking on the side of Ballary-Hosapete road near hotel of one Sri. Rudrappa, a tanker bearing registration No.KA-51-D-5177 came in a rash and negligent manner and in high speed and dashed against the deceased resulting in his death.
3. On claim petition being filed, the driver (Respondent No.1 before the Tribunal) contested proceedings while the owner/insured remained exparte and the Insurance Company contested the proceedings by filing its written statement.
4. During trial, claimant No.1 examined herself as PW1 and Exs.P1 to P14 were marked. The respondent did not examine any witness but Policy of Insurance was marked as Ex.R1.
5. After hearing learned counsel on both sides and perusing the material on record, learned Tribunal allowed the claim petition in part awarding a -7- MFA No. 103063 of 2018 C/W MFA No. 102391 of 2018 compensation of Rs.12,20,000/- with interest at the rate of 8% p.a. from the date of the petition till the realization.
6. The learned counsel appearing for the appellants/claimants in support of their appeal submits that the compensation awarded is on the lower side in view of the fact that the learned Tribunal has taken income of the deceased on a low scale and on various other heads of compensation, learned Tribunal has computed lower figures of award and accordingly, the compensation awarded is required to be enhanced by allowing the appeal filed by the claimants.
7. Learned counsel appearing for the Insurance Company, per contra, in support of its appeal, submitted that the learned Tribunal having comprehensively examined the evidence has awarded just and reasonable compensation and therefore, -8- MFA No. 103063 of 2018 C/W MFA No. 102391 of 2018 there is no need for interference with the same and no case is made out for enhancement of compensation.
8. We have given our anxious consideration to the submissions made on both sides and perused records carefully.
9. There is no dispute about fact that the deceased was aged 40 years at the time of his death and therefore appropriate multiplier applicable is 15. As per decision of Hon'ble Apex Court in National Insurance Company Limited vs. Pranay Sethi and others1, 25% of the income of the deceased is required to be added towards loss of future prospects.
10. Since the actual income of the deceased was not established by producing acceptable evidence, the notional income for paying compensation as per the chart prepared by the Karnataka State Legal 1 (2017) 16 SCC 680 -9- MFA No. 103063 of 2018 C/W MFA No. 102391 of 2018 Services Authority is required to be adopted and that for the year 2017, is Rs.10,250/-. Therefore, in this case also, the notional income of the deceased has to be taken as Rs.10,250/- per month. The deceased has left behind a widow and three minor children. Therefore, 1/4th of the income has to be deducted towards personal expenses of the deceased. Thus, loss of dependency is required to be recomputed as follows:
Loss of dependency:
Rs.10,250 + 25% =Rs.12,813 - Rs.3,203 = Rs.9610 x 12 x 15= Rs.17,29,800
11. Since the deceased has left behind his widow and three minor children, a sum of Rs.1,60,000/- (Rs.40,000/- each) is required to be awarded towards spousal and parental consortium and further sum of Rs.30,000/- is required to be awarded
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MFA No. 103063 of 2018 C/W MFA No. 102391 of 2018 towards funeral expenses and loss of estate. Thus, in all, the claimants are entitled to be awarded a total compensation of Rs.19,19,800/- (Rupees Nineteen Lakhs Nineteen Thousand Eight Hundred Only) as against Rs.12,20,000/- awarded by the learned Tribunal. The learned Tribunal has awarded interest on the compensation amount at the rate of 8% p.a., which we consider as on the higher side and therefore, by following a uniform method being adopted in all the cases, we award interest at the rate of 6% p.a. on the total compensation. Thus, the claimants are entitled to interest at the rate of 6% p.a. on the entire compensation amount.
12. Hence, the following:
ORDER
a) Both appeals are allowed in part.
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MFA No. 103063 of 2018 C/W MFA No. 102391 of 2018
b) In modification of the impugned award, the claimants shall be entitled to total compensation amount of Rs.19,19,800/-
(Rupees Nineteen Lakhs Nineteen Thousand Eight Hundred Only) as
against Rs.12,20,000/- awarded by the learned Tribunal.
c) The entire compensation amount shall bear interest at the rate of 6% per annum instead of 8% awarded by the learned Tribunal.
d) The appellant-Insurance Company shall deposit the differential amount to be before the learned Tribunal within eight weeks from today.
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MFA No. 103063 of 2018 C/W MFA No. 102391 of 2018
e) The amount in deposit, if any, before this Court shall be transmitted to the learned Tribunal along with TCR forthwith.
f) No order as to costs.
Sd/-
JUDGE Sd/-
JUDGE RH