Appeals against compensation award in a motor accident case. Court modified the award from Rs. 13.60 Lakhs to Rs. 15.38 Lakhs by incorporating 40% for future prospects and adding amounts for loss of love and affection and loss of estate.
Compensation enhanced from Rs. 13,60,068/- to Rs. 15,38,000/- with interest at 6% p.a.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MFA No. 103825 of 2019 C/W MFA No. 102930 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 103825 OF 2019
(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102930 OF 2019
IN MFA No.103825/2019
BETWEEN:
…APPELLANTS
MFA No. 103825 of 2019 C/W MFA No. 102930 of 2019
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
…RESPONDENTS
(SMT. PREETI SHASHANK, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 10.04.2019 PASSED IN MVC No.465/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KARWAR, PARTLY ALOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.102930/2019
BETWEEN:
UNITED INDIA INSURANCE CO., LTD., KAYKINI ROAD, KARWAR, TQ. KARWAR, UTTAR KANNADA – 581301, REPRESENTED BY ITS DIVISIONAL MANAGER
…APPELLANT
MFA No. 103825 of 2019 C/W MFA No. 102930 of 2019
(BY SRI. PREETI SHASHANK, ADVOCATE)
AND:
BOTH ARE R/O. KATTANAHAKKALA, PO: SUNKASAL, TQ. ANKOLA, UTTAR KANNADA, PRESENTLY RESIDING AT HABBUWADA, KARWAR, TQ. KARWAR, UTTARA KANNADA, PIN CODE : 581301.
…RESPONDENTS
(SRI. PRASHANT MATHAPATI, ADVOCATE FOR R1 AND R2; NOTICE TO R3 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 10.04.2019 PASSED IN MVC No.465/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KARWAR, AWARDING COMPENSATION OF Rs.16,85,068/WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
THESE APPEALS COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
MFA No. 103825 of 2019 C/W MFA No. 102930 of 2019
JUDGMENT
Heard the respective counsel and these two appeals
are filed by the Insurance company, as well the claimants, questioning the quantum of compensation passed in the Judgment and award dated 10.04.2019 in MVC No.465/2018 by the Principal Senior Civil Judge and I Addl. MACT, Karwar.
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amount of Rs.2,00,000/- has been awarded under the head of loss of love and affection, since the claimants are the parents.
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added 40%, it comes to Rs.14,000/-. The relevant multiplier applicable is ‘17’ since the deceased was aged about 27 years and bachelor the same has to be deducted 50% towards personal expenses and it comes to Rs.7,000/- and applying the relevant multiplier of ‘17’, it comes to Rs.14,28,000/-. Apart from that, the claimants are parents and they are entitle for Rs.40,000/- each i.e. Rs.80,000/- towards love and affection and apart from that, Rs.33,000/- towards loss of estate and other funeral expenses. In all the claimants are entitled for Rs.15,38,000/-, as against Rs.13,60,068/-.
In view of the above discussions, I pass the following:
ORDER
(i) Both the appeals are allowed in part.
(ii) The Judgment and award dated 10.04.2019 passed in MVC No.465/2018 by the Principal Senior Civil Judge & I Addl. MACT, Karwar, is modified and the claimants are entitle
MFA No. 103825 of 2019 C/W MFA No. 102930 of 2019
for compensation of Rs.15,38,000/-, as against Rs.13,60,068/- awarded by the tribunal.
(iii) The amount in deposit is ordered to transmit the same to the tribunal, forthwith.
(iv) The claimants are entitled for interest at the rate of 6% on the enhanced compensation.
Sd/JUDGE
SVH
List No.: 1 Sl No.: 21
2 issues framed by the court
Whether the quantum of compensation awarded for future prospects and loss of estate was correctly assessed.
Whether the apportionment of income for personal expenses was legally sustainable.
Colour shows how this judgement treated each authority
Pranay SethiExplained¶52
Sarla VermaExplained¶52
Sharada W/o. Giriya Naik
Giriya Nagappa Naik
United India Insurance Co. Ltd.
Jananeshwar Kemu Gaonkar
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
