Karnataka High Court
Reliance General Insurance Co.Ltd vs Javeed Mohd S/O Md. Siddiq And Ors on 25 April, 2016
Equivalent citations: 2016 AAC 1751 (KAR), 2016 (3) AKR 214
Author: S.Sujatha
Bench: S.Sujatha
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF APRIL 2016
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
MFA NO. 201695 OF 2015 (MV)
BETWEEN:
RELIANCE GENERAL INSURANCE CO. LTD.
THROUGH ITS DIVISION MANAGER,
NO. 4, 8TH BLOCK, ASIAN PLAZA,
SVP CHOWK, MAIN ROAD,
KALABURAGI - 585 102.
...APPELLANT
(BY SRI RAHUL R. ASTURE, ADVOCATE)
AND:
1. JAVEED MOHD.
S/O MD. SIDDIQ
AGE: 46 YEARS, OCC: OWNER OF VEHICLE
R/O H.NO. 19-3/294/63/A
JHANUMA, HYDERABAD - 500 001 (AP)
2. ERANNA
S/O PRABHU CHAN,
AGE: 54 YEAS, OCC: COOLIE
3. SMT. MALLAMMA
W/O ERANNA CHAN,
AGE: 49 YEARS, OCC: HOUSEHOLD
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BOTH R/O H.NO. 1-28/1,
SHANTI NAGAR, JEWARGI ROAD,
SHAHAPUR TQ: SHAHAPUR,
DIST: YADGIRI - 585 202.
...RESPONDENTS
(BY SRI SHARANABASAPPA K. BABSHETTY, CAVEATOR FOR R2 & R3;
NOTICE TO R1 IS DISPENSED WITH V/O DATED 25/04/2016)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 173 (1) OF
MV ACT, PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE
THE IMPUGNED JUDGMENT AND AWARD DATED 07.03.2015 PASSED
BY THE SENIOR CIVIL JUDGE & ADDL. MACT AT SHORAPUR, SITTING
AT SHAHPUR, IN MVC NO.17/2011 AND ALSO MODIFYING AND
SETTING ASIDE THE LIABILITY OF THE APPELLANT FOR THE AWARD
OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
JUDGMENT
Heard the learned counsels for the parties.
2. The insurer is in appeal assailing the judgment and award passed by Senior Civil Judge & Addl. Motor Accidents Claims Tribunal at Shorapur, Sitting at Shahapur, in M.V.C.No.17/2011.
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3. The learned counsel appearing for the appellant would contend that the Tribunal erred in awarding 50% towards future prospects to the monthly income of the deceased determined at Rs.6,000/-, in the absence of any material evidence placed on record to establish the accurate income and occupation of the deceased. Accordingly, he seeks to reduce total compensation awarded by the Tribunal.
4. Per contra, learned counsel appearing for the claimants defends the judgment and award passed by the Tribunal and would contend that the deceased was working as Munim in Aadat Shop, i.e. as Supervisor in food grains shop. The Tribunal, after appreciating the evidence on record, determined the monthly income at Rs.6,000/- per month and awarded 50% of his income towards future prospects which is justifiable in the facts and circumstances of the case. Accordingly, she seeks to dismiss the appeal. 4
5. Heard the rival submissions and perused the material on record.
6. The solitary contention raised by the appellant in this appeal is regarding adding 50% of the income of the deceased towards future prospects while determining the loss of dependency. It is an admitted fact that the deceased was working as a Munim ( Supervisor ) in Aadat Shop ( food grains shop ). No material evidence is placed by the claimants to prove the income of the deceased and to establish his occupation. Considering the totality of the circumstances of the case, the Tribunal determined the monthly income at Rs.6,000/- and added 50% towards the future prospects, which, in my opinion, is unjustifiable. In the absence of any material evidence to establish the occupation and income, no future prospects can be awarded on par with regular employees. Given the circumstances, deducting 50% of the future prospects added to the monthly income of the 5 deceased, the loss of dependency works out to Rs.5,76,000/- ( 3000 X 12 X 16 ) after deducting 50% towards the personal expenses of the deceased.
7. It is significant to note that the Tribunal has awarded compensation of Rs.50,000/- towards loss of love and affection, for the loss of deceased who was expected to care in the old age of the claimants. It would be appropriate to award compensation of Rs.1,00,000/- under this head, considering the old age of the parents, who had the ray of hope on the deceased for their survival in the evening of their life.
8. Further, a sum of Rs.10,000/- deserves to be awarded towards loss of estate.
9. In all other aspects, the compensation awarded by the Tribunal is just and reasonable and does not call for any interference by this court.
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10. Accordingly, the compensation awarded by the Tribunal stands modified as follows :-
1) Loss of dependency Rs.5,76,000/-
2) Loss of love & affection Rs.1,00,000/-
3) Loss of Estate Rs.10,000/-
4) Funeral Expenses Rs.20,000/-
5) Transportation of dead body R.10,000/-
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Total compensation Rs.7,16,000/-
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11. In the result, the compensation awarded by the Tribunal is reduced to Rs.7,16,000/- as against Rs.9,44,000/-.
The awarded amount shall carry interest at 6% per annum from the date of the petition till the date of realization.
Accordingly, the appeal is allowed to the extent indicated above.
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In view of disposal of main appeal, I.A.No.1/2015 does not survive for consideration.
Sd/-
JUDGE SGS