Karnataka High Court
The Branch Manager vs Smt. Draxayani W/O Ravi Kallolli on 5 June, 2023
Author: S G Pandit
Bench: S G Pandit
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 104351 OF 2017 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 104048 OF 2017.
IN MFA NO. 104351/2017.
BETWEEN:
1. SMT. DRAXAYANI W/O. RAVI KALLOLLI
AGE: 27 YEARS, OCC: HOUSEHOLD WORK,
R/O: MIRJI VILLAGE, TALUKA: MUDHOL,
DIST: BAGALKOT-587313.
MOHANKUMAR
2. KUMAR BASAVARAJ S/O. RAVI KALLOLLI
B SHELAR AGE: 06 YEARS, OCC: STUDENT,
R/O: MIRJI VILLAGE, TALUKA: MUDHOL,
Digitally signed by
MOHANKUMAR B SHELAR
Location: High Court of
DIST: BAGALKOT-587313.
Karnataka, Dharwad
Date: 2023.06.12 11:55:22 3. KUMAR SAMARTH S/O. RAVI KALLOLLI
+0530
AGE: 03 YEARS, OCC:NIL,
R/O: MIRJI VILLAGE, TALUKA: MUDHOL,
DIST: BAGALKOT-587313.
4. MAHALINGAPPA S/O. BASAPPA KALLOLLI
AGE: 63 YEARS, OCC:NIL,
R/O: MIRJI VILLAGE, TALUKA: MUDHOL,
DIST: BAGALKOT-587313.
5. SMT. MAHADEVI W/O. MAHALINGAPPA KALLOLLI
AGE: 53 YEARS, OCC:NIL,
R/O: MIRJI VILLAGE,
TALUKA: MUDHOL,
DIST: BAGALKOT-587313.
NOTE: THE APPELLANTS 2 AND 3 ARE MINORS
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER
APPELLANT NO. 1.
...APPELLANTS
(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE).
AND:
1. SRI. ASHOK MOURY S/O. MAGUR MOURY
AGE: 43 YEARS, OCC: BUSINESS,
R/O: NEAR KOTESHWAR TEMPLE,
NEAR GANDHI NAGAR, VARNAPURI,
VASCO-DA-GAMA, MARMUGAO-GOA,
STATE: GOA, PIN: 403601.
2. THE BRANCH MANAGER,
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD,
MADIWALE ARCADE, CLUB ROAD, BELAGAVI,
TALUKA: BELAGAVI,
DIST: BELAGAVI, PIN: 590001.
...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH,
BY SMT. ANUSHA SANGAMI, AND
SRI. S. K. KAYAKMATH ADVS. FOR R2).
THIS MFA IS FILED U/S. 173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 10.07.2017 PASSED
IN MVC NO. 59/2015 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL -IX, MUDHOL, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCMENT OF
COMPENSATION.
IN MFA NO. 104048/2017.
BETWEEN:
THE BRANCH MANAGER,
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED,
MADIWALE ARCADE, CLUB ROAD, BELAGAVI,
REPRESENTED BY AUTHORISED SIGNATORY.
...APPELLANT
(BY SMT. ANUSHA SANGAMI, AND
SRI. S. K. KAYAKMATH, ADVOCATES).
AND:
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
1. SMT. DRAXAYANI W/O. RAVI KALLOLLI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O: MIRJI VILLAGE, TAL: MUDHOL,
DIST: BAGALKOT-587313.
2. KUMAR BASAVARAJ S/O. RAVI KALLOLLI,
3. KUMAR SAMARTH S/O. RAVI KALLOLLI
AGE: 05 YEARS, AND 02 YEARS 03 MONTHS
RESPECTIVELY. RESPONDENTS NO. 2 AND 3 ARE
MINOR, REPRESENTED BY NATURAL MOTHER
GUARDIAN RESPONDENT NO. 1.
4. MAHALINGAPPA S/O. BASAPPA KALLOLLI
AGE: 62 YEARS, OCC: NIL,
R/O: MIRJI VILLAGE, TAL: MUDHOL,
DIST: BAGALKOT-587313.
5. SMT. MAHADEVI W/O. MAHALINGAPPA KALLOLLI
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: MIRJI VILLAGE, TAL: MUDHOL,
DIST: BAGALKOT-587313.
6. MR. ASHOK MOURYA S/O. MAGARU MOURYA,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: NEAR KONTESHWAR TEMPLE,
NEAR GANDHI NAGAR, VARUNAPURI,
VASCO-DA-GAMA, MARMUGAO-GOA-403802.
...RESPONDENTS
(BY SRI. SHIVARAJ P. MUDHOL ADV. FOR R1, R4 & R5,
R2 & R3 MINORS,
NOTICE TO BE R6 SERVED).
THIS MFA IS FILED U/S. 173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 10.07.2017 PASSED
IN MVC NO. 59/2015 ON THE FILE OF THE MEMBER MOTOR VEHICLE
ACCIDENT CLAIMS TRIBUNAL -IX, MUDHOL, AWARDING
COMPENSATION OF RS. 51,69,019/- WITH INTEREST AT 9% P.A
FROM THE DATE OF PETITION TILL ITS DEPOSIT.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
VIJAYKUMAR A. PATIL, J., MADE THE FOLLOWING:
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
COMMON JUDGMENT
1. These appeals i.e. MFA No.104351/2017 is filed
by the legal representatives of the deceased Ravi seeking
for enhancement of the compensation and MFA
No.104048/2017 is filed by the Insurance company being
aggrieved by the quantum of compensation. These appeals
arising out of the Judgment and award dated 10.07.2017
passed by MACT IX, Mudhol in MVC No.59/2015.
2. Brief facts giving rise to the filing of the present
appeals are, the legal representatives of deceased Ravi
have filed claim petition under Section 166 of the M.V.Act,
1988, claiming compensation at Rs.74,25,000/- for the
accidental death of Ravi, in the road accident occurred on
10.08.2014. It is averred that, deceased Ravi was riding
motorcycle bearing registration No.KA-48/J8958 on
Mahalingpur road. The driver of maturi car bearing No.GA-
8/F5211 came in a rash and negligent manner and dashed
the motorcycle of the deceased Ravi resulted in fall of Ravi
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
on the road and sustained grievous injuries in the said
accident and succumbed to such injuries.
3. It is further averred that, deceased Ravi was
aged 29 years and was working as Primary School Teacher
getting salary of Rs.20,378/- per month and entire family
was dependent on him and all the claimants have lost the
dependent, lost the love and affection and the accident
has caused due to the negligent driving of the maturi car
bearing GA-8/F5211. Hence, both the respondents are
jointly and severally liable to pay the compensation.
4. The respondents have entered appearance
before the tribunal and filed objections contending that the
accident has taken place due to rash and negligent driving
of the motorcycle by the deceased Ravi and they are not
liable to pay any compensation as claimed in the claim
petition.
5. The tribunal has framed the issues. The
appellant No.1 examined herself as P.W.1 and produced
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
Ex.P.1 to Ex.P.8. The respondents have not adduced any
evidence. The tribunal has awarded Rs.51,69,019/-
compensation on the following heads :
Sl.No. Particulars Amount
1 Loss of dependency Rs.46,76,751/-
2 Loss of future prospects Rs.1,22,268/-
3 Loss of love and affection Rs.2,00,000/-
4 Towards consortium Rs.1,50,000/-
5 Towards loss of estate Rs.10,000/-
6 Towards funeral expenses Rs.10,000/-
Total Rs.51,69,019/-
6. Learned counsel for the appellants/claimants
submits that, the tribunal has committed error in awarding
the compensation and taking the income of the deceased
and it has not properly appreciated the evidence on
record. Hence, sought for enhancement of the
compensation.
7. Per contra, Sri. S.K.Kayakmath, learned counsel
for the Insurance company submits that, the tribunal has
committed error in considering the age of the deceased as
25 years as on the date of the accident. Actually the age
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
of the deceased is 30 years and he was working as a
primary school teacher and drawing salary of Rs.20,378/-.
However, the tribunal has failed to deduct professional tax
of Rs.200/-. After deductions his salary would be
Rs.20,178/-. The tribunal has applied the multiplier of '17'
and added 50% towards the future prospects and
deducted 1/4th towards personal expenses of deceased.
It is submitted that, the tribunal has awarded the
compensation of Rs.2,00,000/- towards loss of love and
affection, which they are not entitled and sought for
allowing the appeal filed by the Insurance company by
modifying the impugned Judgment and award.
8. We have heard the learned counsel for the
parties, perused the tribunal records. The question arise
for consideration in these appeals are:
(i) Whether the tribunal is justified in assessing
the income of the deceased as Rs.20,378/-?
(ii) Whether the tribunal is justified in awarding
compensation of Rs.2,00,000/- towards loss of love
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
and affection and whether any enhancement is
required to be made as claimed by the
claimant/appellant ?
9. The answer to the above points would be in the
negative and partly respectively for the following reasons.
The parties to the proceedings are not disputing the
accident and liability. Only dispute is with regard to the
assessing the income of the deceased Ravi. The tribunal
has assessed the income basing on the pay slip as
Rs.20,378/-. However, it has failed to deduct Rs.200/-
towards the professional tax from the gross salary. Hence,
we are of the considered view that, the income of the
deceased to be assessed at Rs.20,178/- after deducting
professional tax. The deceased was aged about 30 years
as on the date of the accident. The appropriate multiplier
is '17' and keeping in mind the dependents the 1/4th is
deducted towards the personal expenditure of the
deceased. The tribunal is justified in adding 50% towards
the future prospects. The same does not call for any
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
interference. The learned counsel for the appellant
Insurance company submits that, the tribunal is not
justified in awarding interest at the rate of 9% per annum
on the award amount. In our considered view, the accident
being of the year 2014, taking into account the rate of
interest being paid on the fixed deposits by the
Nationalized Bank after deducting the tax, it would be
approximately 6%. Hence, we are of the opinion that, the
appellant/claimant are entitle for the interest at the rate of
6% on the awarded compensation as well as the enhanced
compensation. Each appellants/legal heirs of the deceased
are entitle for consortium of Rs.40,000/- as per the
decision of the Hon'ble Supreme Court, in the case of
Magma General Insurance Company Ltd., Vs. Nanu
Ram and Others reported in 2018 ACJ 2782. The
tribunal has awarded Rs.10,000/- each under the head of
loss of estate and funeral expenses respectively. We deem
it appropriate to award Rs.15,000/- for loss of estate and
Rs.15,000/- towards funeral expenses.
The loss of dependency would be as under:
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
Rs.20,178/- X 50% = Rs.10,089/-
Rs.20,178/- + Rs.10,089/- = Rs.30,267/-
Rs.30,267/- X 1/4 = Rs.7566.75/-, rounded off to
Rs.7,567/-.
Rs.30,267/- minus Rs.7,567/- = Rs.22,700/-.
Rs.22,700/- X 12 X 17 = Rs.46,30,800/-.
10. Thus, the claimants would be entitled for
modified compensation on the following heads:
Sl.No. Particulars Amount
1. Loss of dependency Rs.46,30,800/-
2. Loss of consortium to each Rs.2,00,000/-
Spousal, Parental & Filial
consortium (Rs.40,000/-
each claimants)
3. Loss of estate Rs.15,000/-
4. Towards funeral expenses Rs.15,000/-
Total Rs.48,60,800/-
Compensation awarded by the Tribunal Rs.51,69,019/-
reduced compensation Rs.3,08,219/-
11. Thus, the claimants would be entitled to the
total compensation of Rs.48,60,800/- with 6% interest as
against Rs.51,69,019/- awarded by the Tribunal. Out of
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MFA No. 104351 of 2017
C/W MFA No. 104048 of 2017
the total compensation awarded by the tribunal, a sum of
Rs.3,08,219/- is reduced by this Court.
12. The tribunal has awarded interest at the rate of
9% per annum on the compensation amount. Learned
counsel for the Insurance company fairly submits that,
normally this Court grants 6% interest on the award
amount. Considering the submissions of the learned
counsel for the Insurance company, it would be just and
proper to award interest at the rate of 6% per annum on
the total compensation amount.
Hence, we pass the following:
ORDER
(i) The appeal filed by the Insurance company i.e. MFA No.104048/2017 is allowed in part and the MFA No.104351/2017 filed by the claimants is dismissed.
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MFA No. 104351 of 2017C/W MFA No. 104048 of 2017
(ii) The impugned judgment and award dated 10.07.2017 passed by M.A.C.T.- IX, Mudhol, in M.V.C. No.59/2015 is modified and the claimants are entitled to compensation Rs.48,60,800/- with interest at the rate of 6% per annum from the date of claim petition till date of realization, as against Rs.51,69,019/- awarded by the tribunal.
(iii) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment.
(iv) Apportionment, deposit and disbursement of the enhanced compensation shall be made as per the award of the Tribunal.
(v) The rate of interest is reduced to 6% as against 9% awarded by the tribunal.
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MFA No. 104351 of 2017C/W MFA No. 104048 of 2017
(vi) The amount in deposit if any, shall be transmitted to the concerned tribunal, forthwith.
(vii) Draw modified award accordingly.
(viii) Registry to transmit the records, if any, to the Tribunal forthwith.
(ix) No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
Svh
List No.: 1 Sl No.: 39