Karnataka High Court
Mamatajabegamf W/O Kalepatelmokashi ... vs Muhammed Pokkar And Anr on 5 September, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC-K:7076-DB
MFA No. 200345 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO. 200345 OF 2020 (MV-D)
BETWEEN:
1. MAMATAJABEGAM W/O KALEPATEL MOKASHI,
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O HANDARAGALL, TQ. MUDDEBIHAL,
DIST. VIJAYAPURA.
2. ASHPAK S/O KALEPATEL MOKASHI,
AGE: 16 YEARS, MINOR, OCC: STUDENT,
Digitally signed by R/O HANDARAGALL, TQ. MUDDEBIHAL,
SOMANATH DIST. VIJAYAPURA.
PENTAPPA MITTE
Location: HIGH
COURT OF 3. MOBEEN S/O KALEPATEL MOKASHI,
KARNATAKA
AGE: 14 YEARS, MINOR, OCC: STUDENT,
R/O HANDARAGALL, TQ. MUDDEBIHAL,
DIST. VIJAYAPURA.
4. BEGUMBI W/O LADLEPATEL MOKASHI,
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O HANDARAGALL, TQ. MUDDEBIHAL,
DIST. VIJAYAPURA.
...APPELLANTS
(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
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NC: 2023:KHC-K:7076-DB
MFA No. 200345 of 2020
AND:
1. MUHAMMED POKKAR,
AGE: 43 YEARS, OCC: BUSINESS,
R/O NISARGA LAYOUT, PANJAPERPET,
VIRAJPETE, KODAGU DIST.-560105.
2. THE BRANCH MANAGER,
ORIENTAL INSURANCE CO. LTD.,
S.S.FRONT ROAD,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DTD. 05.08.2020 NOTICE TO R1 IS DISPENSED WITH)
THIS APPEAL IS FILED U/S 173(1) OF THE M.V.ACT,
PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION TO RS.40,93,720/- (EXCLUDING THE AMOUNT
AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST BY
MODIFYING THE JUDGMENT AND AWARD OF THE MACT-VIII,
MUDDEBIHAL DATED 09.12.2019 IN MVC NO.209 OF 2017, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
RAJESH RAI K. J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants' challenging the judgment and award dated 09.12.2019 passed by the learned Senior Civil Judge & MACT-VIII at Muddebihal in MVC No.209/2017 (hereinafter referred to as the 'Tribunal').
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NC: 2023:KHC-K:7076-DB MFA No. 200345 of 2020
2. We have heard the learned counsel for the appellants and the learned counsel appearing for respondent No.2-insurance company and perused the materials on record.
3. The appellants/claimants are the wife, two children and mother of deceased Kalepatel, who died in a road traffic accident on 21.01.2017 at about 06.45 p.m. The Tribunal was pleased to award a total compensation of Rs.30,06,280/- with interest at 6% per annum from the date of petition till realization.
4. The compensation awarded under different heads are as under:
Sl.
Heads of compensation Amount
No.
1. Loss of dependency Rs.29,06,280/-
2. Loss of consortium Rs.40,000/-
3. Loss of love and affection Rs.20,000/-
4. Loss of estate Rs.25,000/-
5. Total funeral & transportation Rs.15,000/-
expenses
Total Rs.30,06,280/-
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NC: 2023:KHC-K:7076-DB
MFA No. 200345 of 2020
5. The learned counsel for the appellants
submitted that the MACT had quantified the income of the deceased at Rs.21,495/- per month. However, the deceased was KSRTC Bus conductor and had fixed salary of Rs.27,892/- per month. Hence, the Tribunal was not justified in fixing the income of the deceased at Rs.21,495/-. The deceased was aged 46 years at the time of the accident. The said argument advanced by the learned counsel for the appellants is not seriously disputed by the learned counsel for the respondent No.2. Hence, under the head of loss of dependency, the compensation awarded by the Tribunal is required to be re-quantified as under:
Monthly income of the deceased at Rs.27,892/- and Rs.200/- has to be deducted towards professional tax. Hence, Rs.27,692/- X 12 = Rs.3,32,304/- is the annual income. Basic exemption for payment of income tax being Rs.2,50,000/-, for the remaining amount, tax payable is 10%, which is Rs.8,230/-. Hence, the annual income is quantified at Rs.3,24,074/-.-5-
NC: 2023:KHC-K:7076-DB MFA No. 200345 of 2020
6. Since the age of the deceased was 46 years, as per the judgment rendered in the case of National Insurance Company Ltd. V/s Pranay Sethi, reported in (2017) 16 SCC 680. 30% of the income will have to be added towards future prospects. Thus, Rs.3,24,074/- X 30÷100 = Rs.97,222/- added to Rs.3,24,074/- is Rs.4,21,296/-.
7. The deceased has left behind him four dependents who are appellants herein. Therefore. 1/4th of the income has to be deducted towards personal expenses i.e. Rs.1,05,324/-. Thus, 4,21,296.00 - 1,05,324 = Rs.3,15,971/-. The Tribunal has rightly applied the multiplier 13. On the basis of above said calculations, compensation under the head loss of dependency is recalculated as Rs.41,07,623/- (3,15,971 x 13).
8. Deceased had four dependents, who are his wife, children and mother. They have lost his company, love and affection. As held in the case of Pranay Sethi (referred supra) and in the case of Magma General -6- NC: 2023:KHC-K:7076-DB MFA No. 200345 of 2020 Insurance Company Limited V/s Nanu Ram Alias Chuhru Ram and others, reported in (2018) 18 SCC 130, Rs.44,000/- to each claimant is awarded towards loss of consortium and love and affection i.e. Rs.1,76,000/-.
9. As held in the case of Pranay Sethi, Rs.15,000/- each is awarded under the head loss of estate and funeral expenses i.e. a total sum of Rs.30,000/- As per above discussion, the following amount of compensation is awarded under different heads:
1. Loss of dependency : Rs.41,07,623/-
(27,692 x 12 - 8230 x 30/100 -
1/4th x 13)
2. Loss of consortium, love and : Rs.1,76,000/-
affection
3. Funeral expenses : Rs.15,000/-
4. Loss of estate : Rs.15,000/-
Total : Rs.43,13,623/-
Claimants are entitled for enhanced compensation of Rs.13,07,343/-.
10. For the above said discussion, we pass the following:
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NC: 2023:KHC-K:7076-DB MFA No. 200345 of 2020 ORDER Appeal is partly allowed.
The impugned judgment passed by the learned Senior Civil Judge & MACT-VIII at Muddebihal in MVC No.209/2017 dated 09.12.2019 is modified.
The petitioners/appellants are entitled for a total compensation of Rs.43,13,623/- as against Rs. 30,06,280/- awarded by the Tribunal and they are entitled for an enhancement compensation of Rs.13,07,343/- with interest at the rate of 6% per annum from the date of petition till payment on the enhanced amount of compensation. Respondent No.2 is directed to deposit said amount within six weeks from the date of receipt of copy of this order. -8-
NC: 2023:KHC-K:7076-DB MFA No. 200345 of 2020 The order passed by the Tribunal pertaining to apportionment, and deposit of the amount are kept intact.
Sd/-
JUDGE Sd/-
JUDGE SMP List No.: 1 Sl No.: 28