Karnataka High Court
The New India Assurance Co. Ltd vs Renu D/O Shrinivas Itekar on 22 September, 2022
Author: H.P.Sandesh
Bench: H.P.Sandesh
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MFA No. 23839 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 23839 OF 2011
(MV-D)
BETWEEN:
1. THE NEW INDIA ASSURANCE
COMPANY LIMITED LTD.,
THROUGH ITS BRANCH MANAGER
SATARA, DIVISIONAL OFFICE
SATARA (151700)
REP. BY ITS ASST. MANAGER
REGIONAL OFFICE, TP-HUB
II FLOOR, SRINATH COMPLEX
NEW COTTON MARKET, HUBLI-580029
...APPELLANT
(BY SRI. G N RAICHUR, ADVOCATE)
AND:
1. KUMARI RENU
D/O. SHRINIVAS ITEKAR
AGE: 21 YEARS, OCC: STUDENT
R/O: KADAPUR, NOW AT: DESHPANDE
NAGAR, ATHANI, TQ: ATHANI
DIST: BELGAUM.
2. KUMARI SHRUTI
D/O. SHRINIVAS ITEKAR
AGE: 19 YEARS, OCC: STUDENT
R/O: KADAPUR, NOW AT: DESHPANDE
NAGAR, ATHANI, TQ: ATHANI
DIST:BELGAUM.
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MFA No. 23839 of 2011
3. SMT. REKHA
W/O. SHRINIVAS ITEKAR
AGE: 50 YEARS
OCC: HOUSEHOLD WORK
R/O: KADAPUR, NOW AT: DESHPANDE
NAGAR, ATHANI, TQ: ATHANI
DIST:BELGAUM.
4. SRI RAMU SIDDAPPA KHOT
AGE: 57 YEARS, OCC: AGRICULTURE
R/O: KHADAKLATH VILLAGE
TQ: CHIKKODI, DIST:BELGAUM
(OWNER OF TEMPO TRAX BEARING
NO.MH-11/G-5322).
5. SMT.NIRGUNA
W/O. RUDRAPPA ITEKAR
AGE: 68 YEARS
OCC: HOUSEHOLD WORK
R/O: KADAPUR, TQ: CHIKKODI
DIST: BELGAUM.
...RESPONDENTS
(BY SRI. K.H. BAGI, ADVOCATE FOR R1 TO R3;
SRI. SANTOSH S. HATTIKATAGI, ADVOCATE FOR R4;
R5-SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:30-03-2011 PASSED IN
MVC.NO.382/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND MEMBER, ADDL. MACT, ATHANI, AWARDING THE
COMPENSATION OF RS.14,16,231/- WITH INTEREST AT THE
RATE OF 6% P.A., FROM THE DATE OF PETITION TILL THE
DATE OF DEPOSIT.
THIS APPEAL COMING ON FOR FINAL HEARING THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 23839 of 2011
JUDGMENT
Heard the learned counsel for the appellant and learned counsel for the respondents.
2. The factual matrix of the claimants before the Tribunal is that the deceased Shrinivasa met with an accident on 31.12.2007 and he was working as a Primary School Teacher. The claimants are the wife and children and mother of the deceased is arrayed as respondent No.3 in the claim petition.
3. The Tribunal, taking the relevant multiplier of '11', computed the loss of dependency and awarded total compensation of Rs.14,16,231/- with interest at 6% per annum. Being aggrieved by the said judgment and award, the present appeal is filed by the Insurance Company contending that the quantum of compensation awarded is on the higher side.
4. It is the main contention of the learned counsel for the appellant-Insurance Company that the deceased -4- MFA No. 23839 of 2011 was having only 8 years of remaining service and the Tribunal ought to have taken the loss of income for the remaining 8 years of service and ought to have applied the multiplier accordingly and committed an error in granting higher compensation.
5. Learned counsel for the respondents would vehemently contend that, split multiplier cannot be applied. The counsel also would submit that 1/4th has to be deducted out of the income of the deceased since, there were 4 claimants but, the Tribunal adopted unit method. The counsel also brought to notice of this Court that future prospects has not been added and even at the age of 55, 15% has to be added as future prospects since, the deceased was working as a Primary School Teacher.
6. When such being the case, the very contention of the learned counsel for the appellant-Insurance Company cannot be accepted. Though the Tribunal applied unit method, when the future prospects has not -5- MFA No. 23839 of 2011 been added while calculating the loss of dependency, I do not find any merit in the appeal.
7. In view of the discussions made above, I pass the following:
ORDER
(i) The appeal is dismissed.
(ii) The claimant Nos.1 to 3 and 5 are entitled for compensation of 25% each.
(iii) The respondent Nos.1 and 2 in the claim petition are directed to deposit the compensation within six weeks from the date of this judgment.
(iv) The amount in deposit, if any is ordered to be transmitted to the Tribunal, forthwith.
(v) The registry is directed to transmit the trial court records forthwith.
Sd/-
JUDGE ST List No.: 1 Sl No.: 16