Partly allowed

Manjula W/O. Basappa Bangi v. Shalini W/O. Ratnakar Jain

Karnataka HC18 Oct 2019MFA/24796/2013

Case brief

AI extract

What is this about?

The High Court put appeals filed by claimants and the insurance company against the Motor Accident Claims Tribunal's award. The Court reassessed compensation, correcting the addition percentage for future prospects and adjusting conventional heads per Supreme Court precedents, enhancing the total award from Rs. 12,28,943 to Rs. 14,07,623.

What did the court decide?

The appeals stand allowed in part; compensation enhanced to Rs. 14,07,623/- with 6% p.a. interest; Insurance Company directed to deposit amount within six weeks.

Manjula W/O. Basappa Bangi Vs Shalini W/O. Ratnakar… — Motor Accident Claims | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 18^H DAY OF OCTOBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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MFA No.24796/2013 (MV-D) C/w. MFA No.100323/2014

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IN MFA NO.24796 OF 2013:

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BETWEEN

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SMT.MANJULA W/O. BASAPPA BANGI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. HAROBELAVADI, TQ & DIST: DHARWAD.

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KUMARI FAKKIRAWWA D/O. BASAPPA BANDI, AGE: 16 YEARS, OCC: STUDENT, R/O. HAROBELAVADI, TQ & DIST: DHARWAD,

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KUMARI PREMA D/O. BASAPPA BANGI, AGE: 09 YEARS, OCC: STUDENT, R/O. HAROBELAVADI, TQ & DIST: DHARWAD,

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KUMARI PRETI D/O. BASAPPA BANGI, AGE: 09 YEARS, OCC: STUDENT, R/O. HAROBELAVADI, TQ & DIST: DHARWAD,

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KUMAR VIJAY S/O. BASAPPA BANGI, AGE: 1 YEARS, OCC: STUDENT, R/O. HAROBELAVADI, TQ & DIST: DHARWAD. (SINCE APPELLANT NOS.2 TO 5 ARE MINORS REP. BY THEIR NATURAL MOTHER AND GUARDIAN APPEALLANT NO.1)

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NAGAPPA S/O. IRAPPA BANGI, AGE: 76 YEARS, OCC: NIL, R/O. HAROBELAVADI, TQ & DIST: DHARWAD.

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SMT.LAKSHMAVVA W/O. NAGAPPA BANGI,

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AGE: 71 YEARS, OCC: NIL, R/O. HAROBELAVADI, TQ & DIST: DHARWAD.

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... APPELLANTS

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(BY SHRI HANAMANT R.LATUR, ADVOCATE)

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AND

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SMT.SHALINI W/O. RATNAKAR JAIN, AGE: 50 YEARS, OCC: BUSINESS OWNER OF BUS, R/O. MAHAVEER COMPLEX, CHENNAMMA COMPELX, TRAFFIC ISLAND, P.B.ROAD, HUBLI.

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THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD., R/O. HUDDAR COMPLEX, OPP: HEAD POST, STATION ROAD, DHARWAD.

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... RESPONDENTS

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(BY SRI.N.R. KUPPELLUR, ADVOCATE FOR R2; NOTICE TO R1 – DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGEMENT AND AWARD DATED 24.10.2013, PASSED IN MVC NO.396/2012 ON THE FILE OF THE III-ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT., DHARWAD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.100323 OF 2014:

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BETWEEN

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., R/O: HUDDAR COMPLEX, OPP: HEAD POST, STATION ROAD, DHARWAD, NOW REP.BY S.K.HOSAMANI, DEPUTY MANAGER, NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, SUJATA COMPLEX, HUBLI

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... APPELLANT

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(BY SHRI N.R.KUPPELLUR, ADVOCATE)

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AND

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MANJULA W/O BASAPPA BANGI, AGE: 34 YEARS, OCC: HOUSE HOLD WORK, R/O: HAROBELAVADI, TQ & DIST: DHARWAD.

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KUMARI FAKKIRAWA D/O.BASAPPA BANGI, AGE: 17 YEARS, OCC: STUDENT,

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KUMARI PREMA D/O BASAPPA BANGI, AGE: 10 YEARS, OCC: STUDENT,

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KUMARI PRETI D/O BASAPPA BANGI, AGE: 10 YEARS, OCC: STUDENT,

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KUMAR VIJAY S/O BASAPPA BANGI, AGE: 2 YEARS, OCC: STUDENT,

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NAGAPPA S/O IRAPPA BANGI, AGE: 77 YEARS, OCC: NIL,

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SMT.LAKSHMAVVA W/O NAGAPPA BANDI, AGE: 72 YEARS, OCC: NIL,

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SMT. SHALINI W/O RATNAKAR JAIN, AGE: MAJOR, OCC: BUSINESS, R/O: MAHAVEER COMPLEX CHENNAMMA CIRCLE, TRAFFIC ISLAND, P.B.ROAD, HUBLI.

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... RESPONDENTS

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(BY SHRI HANAMANT R.LATUR, ADVOCATE FOR C/R1-R7; NOTICE TO R8 – DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.ACT 1988, AGAINST JUDGMENT AND AWARD DATED 28.10.2013, PASSED IN MVC NO.396/2012 ON THE FILE OF THE III-ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, DHARWAD, AWARDING THE COMPENSTION OF RS.12,28,943/- WITH THE INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF THE AWARD AMOUNT.

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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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The appellants-claimants have filed appeal in MFA No.24796/2013 and the appellant-Insurance Company has filed appeal in MFA No.100323/2014, challenging the judgment and award dated 28.10.2013, passed by the III-Additional Senior Civil Judge and Addl. MACT, Dharwad, whereby the tribunal (for short “the Tribunal”) has awarded compensation of Rs.12,28,943/- along with interest at the rate of 6% p.a. from the date of the petition till the date of deposit of the award amount.

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For the purpose of convenience, the parties are referred to as per their ranking before the tribunal.

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The brief facts of the case are that on 28.04.2012 at about 10:30 a.m. when the deceased Basappa S/o.Ningappa Bangi getting down from Bendre Bus bearing registration No.KA-25/B-6970 near Vidyagiri Bus Stop, P.B. Road, Dharwad, the driver of the said bus drove the same in a rash and

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negligent manner before the said Basappa got down from the bus. Due to which, the deceased Basappa fell down from the bus and sustained grievous injuries. He was shifted to SDM Hospital, Sattur, Dharwad, wherein he succumbed to the injuries. The claimants, wife, parents and children of the deceased have filed claim petition in MVC No.396/2012 before the tribunal.

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In order to establish the case of the petitioners, they have examined two witnesses and marked 28 documents. On the other hand, the Insurance Company has not examined any witnesses and only marked Ex.R1-Insurance Policy. On appreciation of the oral and documentary evidence, the tribunal has awarded compensation of Rs.12,28,943/- with interest at the rate of 6% p.a. from the date of petition till the date of deposit.

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Learned counsel for the claimants

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contended that the tribunal while assessing the compensation towards loss of dependency taken the

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income of the deceased at Rs.6,000/- per month, which is on the lower side and further the compensation awarded towards loss of love and affection is also on the lower and the same requires to be enhanced. Hence, the learned counsel for the claimants sought of allowing the appeal filed by the claimants by dismissing the appeal filed by the appellant-Insurance Company.

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Per contra, the learned counsel for the appellant-Insurance Company contended that even though the claimants are claimed that the deceased was earning Rs.10,000/- per month, but they have not established the same by producing any documents; the compensation of Rs.50,000/- awarded by the tribunal towards loss of consortium is contrary to the judgment of the Hon’ble Apex Court in the case of

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National Insurance Co. Ltd., Vs. Pranay Sethi SC

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and Ors . reported in AIR 2017 SC 5157 ; the tribunal erred in adding 30% instead of 25% to the

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actual income of the deceased while awarding compensation towards loss of dependency. It is further contended that the compensation awarded by the tribunal under conventional heads are on the higher side and the same requires to be reduced. Hence, the learned counsel for the appellant-Insurance Company seeking for allowing the appeal by him and also dismissal of the appeal filed by the claimants.

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Heard the learned counsel for the parties

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and perused the records.

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It is not in dispute that the deceased Basappa S/o.Nagappa Bangi died due to the accident, which occurred on 28.04.2012 on the account of the rash and negligent driving by the driver of the bus bearing registration No.KA-25/B-6970. Though the claimants are claimed that the deceased was earning Rs.10,000/- per month, to substantiate the same, the claimants have not produced any documents. Therefore, the tribunal assessed the notional income

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of the deceased at Rs.6,000/- per month, which is on the lower side. This Court in catena of judgments has considered the chart prepared by the Lok Adalath for assessing the income of the unskilled labourers and as per the chart, the monthly income of the deceased for the year 2012 would be Rs.6,500/- and the same is taken into consideration for the purpose of assessing the compensation towards loss of dependency. Further, the tribunal erred in adding 30% towards future prospectus and the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and Ors. reported in AIR 2017 SC 5157 , it is held that in case the deceased was self employed or fix salaried, deceased below 40 years, addition of 40%; between 40 to 50 years, addition of 25%; and between 50 to 60 years, addition of 10% of established income to be made while determining the future prospects. In the present case the deceasedNagaraj was aged about 42 years at the time accident

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and accordingly, the loss of dependency would be reassessed as under:

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Rs.6,500/- + 25% x 12 x 14 x 4/5 = Rs.10,92,000/-

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Further, the compensation awarded by the tribunal towards loss of consortium, transportation charges and funeral expenses, and loss of estate are on the higher side and as per the judgment of the Hon’ble Apex Court in the case of Pranay Sethi and

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Ors. (Supra), a sum of Rs.15,000/- towards loss of estate, Rs.40,000/- towards loss of consortium and Rs.15,000/- towards funeral expenses is awarded to the claimants.

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In respect of compensation of Rs.50,000/-

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awarded by the tribunal towards loss of love and affection is concerned it is relevant to state that the claimants are four minor children and parents, who have lost the love and affection of the deceased and as per the judgment of the Hon’ble Apex Court in the case of Magma General Insurance Co. Ltd., vs.

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Nanu Ram and Ors. reported in 2018 ACJ 2782 , compensation of Rs.40,000/- each is awarded to the claimants towards loss of love and affection. Further, the compensation of Rs.5,629/- awarded by the tribunal towards medical expenses remain unaltered. Therefore, the compensation awarded by the Tribunal

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is reassessed as under:

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Loss of consortium	Rs.40,000/-
Loss of love and affection (Rs.40,000/-x 6)	Rs.2,40,000/-
Loss of estate	Rs.15,000/-
Transportation charges and funeralexpenses	Rs.15,000/-
Medicalexpenses	Rs.5,623/-
Loss of dependency	Rs.10,92,000/-
TOTAL	Rs.14,07,623/-

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Accordingly, the appeals filed by the

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claimants and the Insurance Company are allowed in part and the claimants are entitled to the compensation of Rs.14,07,623/instead of Rs.12,28,943/- with interest at the rate of 6% p.a.

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from the date of the petition till the date of deposit, awarded by the tribunal. The order of apportionment

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and deposit ordered by the Tribunal shall hold good for the compensation awarded in this appeal.

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The appellant-Insurance Company is directed deposit the entire compensation amount before the tribunal within six weeks from the date of receipt of a copy of this order.

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The office is directed to transmit the amount in deposit, if any, before this Court to the tribunal for disbursement forthwith.

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Sd/JUDGE

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Vnp*

Manjula W/O. Basappa Bangi v. Shalini W/O. Ratnakar Jain

Case brief

What is this about?

What did the court decide?

Manjula W/O. Basappa Bangi v. Shalini W/O. Ratnakar Jain

Case brief

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