Partly allowed

Shri. Abdul S/O Pirasaheb Bukari and Anr. v. Maheshwari Hospital and Ors.

Karnataka HC20 Oct 2014MFA/32036/2012

Case brief

AI extract

What is this about?

In special miscellaneous first appeals under Section 173(1) of the MV Act, the High Court enhanced compensation awarded by the Claims Tribunal for the death of two youths. The Court increased dependency and love-and-affection compensation by adjusting monthly income estimates and awarding additional sums with interest.

What did the court decide?

Appellants in the first appeal entitled to Rs.1,18,000/- with interest at 9% p.a.; Appellants in the second appeal entitled to Rs.2,02,000/- with interest at 9% p.a. In addition to compensation awarde

Shri. Abdul S/O Pirasaheb Bukari and Anr. Vs… — Motor Accident Claims | Karnataka HC (2014)

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MFA NO.32036/2012 C/W MFA 32037/2012

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IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH

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DATED THIS THE 20^TH DAY OF OCTOBER, 2014

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BEFORE:

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL NO.32036 OF 2012 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.32037 OF 2012 (MV)

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IN MFA 32036/2012 (MV)

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BETWEEN

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SHRI. ABDUL S/O. PIRASAHEB BUKARI AGE: 70 YEARS, OCC: AGRICULTURE

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SMT. JUBEDA W/O. ABDUL BUKARI

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AGE: 62 YEARS, OCC: HOUSEHOLD WORK APPELLANTS ARE BOTH R/O. TIKOTA, TQ & DIST: BIJAPUR-586101

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... APPELLANTS

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(BY SRI. S.S.MAMADAPUR, ADV.)

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AND

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MAHESHWARI HOSPITAL 3^RD FLOOR, RAIKAR BHAVAN SECTOR-17, VASHI, NAVI MUMBAI, DISTRICT THANE MAHARASHTRA

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THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., 17^TH DIVISIONAL OFFICE, XVII BELAPUR

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MFA NO.32036/2012 C/W MFA 32037/2012

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5^TH FLOOR, VINDYA COMMERCIAL COMPLEX, PLOT NO.1 SECTOR-11 CBD BELAPUR, NAVI MUMBAI REP BY. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., S.S.ROAD, BIJAPUR-586101

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THE DIVSIONAL MANAGER MSRTC SOLAPUR

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... RESPONDENTS

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(BY SMT. SUMITRA H. ADV. FOR R2, SRI. RAHUL R. ASTURE, ADV. FOR R3 & NOTICE TO R1 IS DISPENSED WITH V/O. DTD: 22.07.14)

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THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 07.07.2012 PASSED IN MVC NO:2040/2010 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL NO. XII, BIJAPUR, PARTLY ALLOWING THE CLAIM PETITION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 32037/2012 (MV)

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BETWEEN

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SMT. SUNITA W/O. KANTILAL SELAKE AGE: 37 YEARS, OCC : HOUSEHOLD R/O. TIKOTA, TQ & DIST: BIJAPUR

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... APPELLANT

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(BY SRI. S.S.MAMADAPUR, ADV.)

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AND

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MAHESHWARI HOSPITAL 3^RD FLOOR, RAIKAR BHAVAN SECTOR-17, VASHI, NAVI MUMBAI, DISTRICT THANE MAHARASHTRA

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MFA NO.32036/2012 C/W MFA 32037/2012

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THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., 17^TH DIVISIONAL OFFICE, XVII BELAPUR 5^TH FLOOR, VINDYA COMMERCIAL COMPLEX, PLOT NO.1 SECTOR-11 CBD BELAPUR, NAVI MUMBAI REP BY. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., S.S. ROAD, BIJAPUR-586101

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THE DIVSIONAL MANAGER MSRTC SOLAPUR

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... RESPONDENTS

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(BY SMT. SUMITRA H. ADV. FOR R2, SRI. RAHUL R. ASTURE, ADV. FOR R3 & NOTICE TO R1 IS DISPENSED WITH V/O. DTD: 14.10.14)

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THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 07.07.2012 PASSED IN MVC NO: 2041/2010 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL NO. XII, BIJAPUR, PARTLY ALLOWING THE CLAIM PETITION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Though the matters are posted in the list of admission, with the consent of learned counsel for both the parties, they are taken up for final hearing and are being disposed of by this judgment.

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MFA NO.32036/2012 C/W MFA 32037/2012

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The appellants dissatisfied with the

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amount of compensation awarded by the tribunal for

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the death of their sons, in a motor vehicle accident have filed these appeals seeking enhancement.

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The facts reveal that on 09.11.2010 both

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the deceased (Lalsab and Rahul) were proceeding on the motorcycle bearing registration No.MH-10/AV4321. When they were near Jambhulwadi village, a ST bus bearing registration No.MH-12/EF-6015 and a Maruti Omnini bearing registration No.MH-04/H-413, driven in a rash and negligent manner, hit the motorcycle and thereby the deceased sustained severe injuries and died. Their parents made a claim for compensation in MVC Nos.2040/2010 and 2041/2010.

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Both the cases were clubbed and common evidence was permitted. On behalf of the

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appellants, PWs.1 to 3 were examined and in their evidence Exs.P1 to P11 were marked. On behalf of the respondents, RWs.1 and 2 were examined.

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MFA NO.32036/2012 C/W MFA 32037/2012

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The tribunal after hearing the counsel and

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on appreciation of the evidence on record allowed

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the claim petitions and granted a sum of Rs.2,07,000/- in MVC No.2040/2010 and Rs.3,33,000/in MVC No.2041/2010, directing both the owners to pay the compensation in equal shares. Dissatisfied with the amount of compensation awarded, the

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appellants have filed these appeals.

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Heard the learned counsel for the parties.

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The point that arise for consideration is:

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“Whether the appellants are entitled to enhanced compensation? If so, to what extent?”

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The learned counsel for the appellants

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submit that the assessment of income and

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compensation on each heads is on the lower side and seeks enhancement.

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MFA NO.32036/2012 C/W MFA 32037/2012

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On the other hand, the learned counsel for

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the respondent insurer supports the judgment and awards of the tribunal.

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Perusal of the material placed on record reveals that the income of both the deceased has been considered by the tribunal at Rs.3,000/- per month. The accident is of the year 2010. Even for an employee or a labourer, the income of such person would be considered at Rs.5,000/- per month in the Lok Adalats held with the consent of the parties. I

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think it is just and proper to assess the income of the deceased at Rs.5,000/per month. The

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compensation towards love and affection appears to be on the lower side and it is enhanced by Rs.10,000/- in each appeals. The compensation on other heads awarded by the tribunal is just and proper.

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Therefore, in MFA No.32036/2012 the

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compensation towards loss of dependency after

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deducting half of the income towards the personal

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MFA NO.32036/2012 C/W MFA 32037/2012

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expenses of the deceased, comes to Rs.2,70,000/(5000/2x12x9). Deducting a sum of Rs.1,62,000/awarded by the tribunal. The net compensation towards loss of dependency is Rs.1,08,000/- and Rs.10,000/- is awarded towards love and affection.

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In MFA No.32037/2012 the compensation

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towards loss of dependency come to Rs.4,80,000/(5000/2x12x16). Deducting a sum of Rs.2,88,000/awarded by the tribunal. The net compensation towards loss of dependency would be Rs.1,92,000/and Rs.10,000/is awarded towards love and affection. Hence, the point is answered in the affirmative.

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Consequently, the appeals are allowed in part. The appellants in MFA No.32036/2012 are entitled to enhanced compensation of Rs.1,18,000/with interest at 9% per annum from the date petition till its payment in addition to the compensation awarded by the tribunal. In MFA No.32037/2012, the appellant is entitled to enhanced compensation of

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MFA NO.32036/2012 C/W MFA 32037/2012

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Rs.2,02,000/- with interest at 9% per annum from the date of petition till its payment in addition to the compensation awarded by the tribunal.

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The liability would be as per the award of the tribunal.

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Sd/JUDGE.

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Srt

Shri. Abdul S/O Pirasaheb Bukari and Anr. v. Maheshwari Hospital and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Abdul S/O Pirasaheb Bukari and Anr. v. Maheshwari Hospital and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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