Allowed

Sri Ansar Sab v. Mohammed Safiulla

Karnataka HC23 Feb 2022MFA/5977/2010

Case brief

AI extract

What is this about?

In an appeal against the District Judge's judgment, the High Court of Karnataka enhanced compensation under Section 163-A of the Motor Vehicles Act, 1988. The Court calculated the appropriate multiplier and interest, directing the insurance company to deposit the enhanced amount within four weeks.

What did the court decide?

The insurance company was directed to deposit enhanced compensation of Rs. 62,400/- with 6% interest within four weeks.

Sri Ansar Sab Vs Mohammed Safiulla — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^th DAY OF FEBRUARY, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

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M.F.A.NO.5977/2010 (MV)

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BETWEEN:

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SRI. ANSAR SAB S/O JABBAR SAB, AGED ABOUT 57 YEARS,

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THAJAMMUL S/O ANSAR SAB, AGED ABOUT 27 YEARS,

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ALL R/O 5^TH CROSS, BILAL MASJID ROAD, TIPPU NAGAR, CHIKMAGALUR CITY. …APPELLANTS

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(BY MR.RAVINDRANATH, ADVOCATE)

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AND:

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MOHAMMED SAFIULLA S/O LATE MOHAMED SHEFIEF, MAJOR, OWNER OF MARUTHI CAR NO.KA-01/N-4793, FOREST CONTRACTOR, NO.66, SAFAI PALYA, O.T.ROAD, SHIMOGA.

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UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, M.M.K. COMPLEX, II FLOOR, AKKAMAHADEVI ROAD,

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II MAIN, P.J.EXTENSION, DAVANGERE. BY ITS BRANCH MANAGER (POLICY NO.240800/31/03/02909)

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...RESPONDENTS

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(BY MR.A.N.KRISHNASWAMY, ADV., FOR R2; MR.SIRAJUN BASHA & MR. K.N.BALARAJADVOCATES FOR R1)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.12.2009 PASSED IN MVC NO.140/2005 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MEMBER MACCT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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J U D G M E N T

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This appeal is at the instance of the claimants seeking enhancement of the compensation awarded in MVC No.140/2005 by Judgment and Award dated 04.12.2009 passed by the Prl. District Judge and MACT at Chikmagalur.

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The claim petition is filed under Section 163-A of M.V. Act, 1988. Ex.P3 is the post mortem examination report which shows that the deceased was aged 20 years at the time of death. In the absence of any other records

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to determine the age of the deceased, Court has to have recourse to Ex.P3 itself and accordingly, age of the deceased is determined at 20 years at the time of death. As per the second schedule of the M.V. Act, 1988, under Section 163-A of the Act, the appropriate multiplier applicable to the said age is ‘16’. Based on the pleadings and evidence, the income of the deceased is taken at Rs.3,300/- per month. 1/3^rd has to be deducted from his income towards his personal income. Therefore, the compensation awardable for the death of the deceased is

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Rs.3,300.00-1/3^rd x12x16=Rs.4,22,400/-.

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Under section 163-A and second schedule of the Act, the sum of Rs.2,000/- has to be awarded towards funeral expenses and Rs.2,500/- towards loss of estate. Thus, total compensation is Rs.4,26,900/- (Rs.4,22,400+Rs. 2,000+Rs.2,500). Learned Tribunal has awarded a compensation of Rs.3,64,500/-. Therefore, the claimants are entitled for total enhanced compensation of Rs.62,400/- (Rs.4,26,900-Rs.3,64,500) and the same shall

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carry 6% interest per annum from the date of petition till payment. Hence, the appeal is allowed to the said extent.

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The insurance company shall deposit the compensation with interest thereon within four weeks from the date of receipt of certified copies of this judgment.

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The records shall be transmitted to the learned

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Tribunal forthwith.

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Sd/JUDGE

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JS/-

Sri Ansar Sab v. Mohammed Safiulla

Case brief

What is this about?

What did the court decide?

Sri Ansar Sab v. Mohammed Safiulla

Case brief

What is this about?

What did the court decide?

What the court decided

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