Partly allowed

Shri Arjun S/O. Mahadev Yelapale v. Shri Babasaqheb S/O. Jingonda Patil

Karnataka HC4 Sept 2023MFA/100749/2022

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award, the High Court enhanced the compensation from Rs. 6,86,000 to Rs. 9,57,044/- for the death of a pillion rider. The court applied Supreme Court precedents to recalculate notional income and loss of dependency, alongside loss of consortium and funeral expenses.

What did the court decide?

Enhanced compensation to Rs. 9,57,044/- with 6% interest directed to be deposited by the insurance company within sixty days.

Shri Arjun S/O. Mahadev Yelapale Vs Shri Babasaqheb… — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:10045-DB MFA No. 100749 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO.100749 OF 2022 (MV-D)

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BETWEEN:

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SHRI ARJUN S/O. MAHADEV YELAPALE AGE. 66 YEARS, OCC. LABOUR (NOW NIL), R/O. HINDALAGA, TQ. AND DIST. BELAGAVI.

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Digitally signed by SHIVAKUMAR HIREMATH Date: 2024.01.08 16:40:26 +0530

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SHRI. VITTHAL S/O. ARJUN YELAPALE AGE. 38 YEARS, OCC. HOTEL BUSINESS, R/O. HINDALAGA, TQ. AND DIST. BELAGAVI.

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(BY SRI. UMESH C AINAPUR, ADVOCATE)

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AND:

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…APPELLANTS

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SHRI BABASAHEB S/O. JINGONDA PATIL AGE. MAJOR, OCC. BUSINESS, R/O. 3700/2, NEAR RJVADA, KURANDWAD, TQ. SHIROL, DIST. KOLHAPUR. (OWNER OF CAR BEARING REGD. NO.MH.09/BX-6589)

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2 - NC: 2023:KHC-D:10045-DB MFA No. 100749 of 2022

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IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., 2ND FLOOR, SHIKSHANA VISHWAST MANTAL, SHIKSHAK BHAVAN, COLLEGE ROAD, BELAGAVI-06, (POLICY NO.88744869, VALID FROM 30-01-2015 TO 29-01-2016)

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…RESPONDENTS

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(BY SRI. R.R.MANE, ADV. FOR R2, NOTICE IS DISPENSED WITH FOR R1.)

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THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.07.2018 PASSED IN MVC NO.701/2016 ON THE FILE OF THE X ADDITIONAL DISTRICT AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION; AND ETC.

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

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JUDGMENT

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The appellants/claimants have preferred this appeal against the judgment and award dated 05.07.2018 passed in MVC No.701/2016 by the Court of X Addl. District and Member of Addl. Motor Accident Claims Tribunal, Belagavi (hereinafter referred to as 'Tribunal' for short) seeking enhancement of compensation.

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3 - NC: 2023:KHC-D:10045-DB MFA No. 100749 of 2022

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For the sake of convenience, the parties in this appeal are referred to as per their status and rank before the Appellate Court.

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The brief facts of the case are that:

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On 23.01.2016 at 8.20 a.m. one Dundayya Irayya

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Swamy being the driver of a Maruti Alto Car bearing Reg.No.MH.09/BX-6589, on Sangli-Kolhapur road towards Kolhapur drove it in high speed, rash and negligent manner and near Sanjay Ghodawat College, dashed the said car from behind against the hind portion of TVS Moped bearing Reg.No.MH.09/DN-5289 which was going ahead on the said road. As a result of which, the deceased Smt. Kusum Arjun Yelapale who was a pillion rider on the said TVS Moped suffered severe head injuries and died on the spot. Therefore, the claimants preferred to file claim petition under Section 166 of MV Act, seeking compensation.

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On hearing both sides, the Tribunal has partly allowed the appeal filed by the appellants/claimants and awarded compensation of Rs.6,86,000/- along with 6% interest from the date of petition till realization of the entire award

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4 - NC: 2023:KHC-D:10045-DB MFA No. 100749 of 2022

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amount on account of death of deceased Sri. Kusum Arjun Yelapale.

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Being aggrieved by this judgment and award passed by the Tribunal, the claimants/appellants have preferred this appeal seeking enhancement of compensation.

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Learned counsel for the appellants/claimants

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submits that the Tribunal has not awarded the compensation in accordance with law and facts and as per the dictum of the Hon'ble Apex Court. Therefore, he sought to allow this appeal.

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As against this, the learned counsel for respondent submits that the Tribunal has passed the judgment and award in accordance with law and facts and that there are no grounds to interfere with the impugned judgment and award passed by the Tribunal. On this ground, he sought to dismiss this appeal.

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We have carefully examined the materials placed before this Court.

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Petitioner No.1 Sri. Arjun is the husband of deceased Smt. Kusuma and petitioner No.2 Vitthal is the son of deceased Smt. Kusuma. Deceased Smt. Kusuma is 55 years at the time

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5 - NC: 2023:KHC-D:10045-DB MFA No. 100749 of 2022

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of accident which is evident from Ex.P7. The Tribunal has assessed the income of the deceased at Rs.7,500/- p.m. which is not in consonance with the guidelines issued by the Karnataka State Legal Services Authority. In view of guidelines issued by the Karnataka State Legal Services Authority, the notional income of the deceased has to be taken into consideration at Rs.8,750/- p.m. In view of decision of the Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157, 10% has to be added towards future prospects. Then it comes to Rs.9,625/- (Rs.8,750/- + Rs.875). As per the decision of the Hon'ble Apex Court in the case of SMT.SARLA VERMA & OTHERS. VS. DELHI TRANSPORT CORPN. AND ANOTHER reported in AIR 2009 SC 310, the appropriate multiplier is 11. There are two dependants. 1/3 has to be deducted towards personal and living expenses. Then it comes to Rs.3,208/(9,625x1/3). The income of the deceased comes to Rs.6,417/-. Therefore, the compensation towards 'loss of dependency' is reassessed and quantified as Rs.8,47,044/- (Rs.6,417x12x11).

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Considering the facts and circumstances of the case

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and also keeping in mind the decisions of the Hon’ble Apex

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Court, it is just and proper to award compensation as under:

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Sl.No.	Heads	Amount(in Rs.)
1.	Loss of dependency	8,47,044.00
2.	Loss of consortium (40,000x2)	80,000.00
3.	Loss of estate	15,000.00
4.	Funeral expenses	15,000.00
	TOTAL	9,57,044.00

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Therefore, the claimants are entitled for compensation of Rs.9,57,044/- instead of Rs.6,86,000/- with interest @ 6% p.a. from the date of filing petition till its realization. Accordingly, we proceed to pass the following:

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ORDER

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a. Appeal allowed in part.

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b. Judgment and award dated 05.07.2018 passed in MVC No.701/2016 on the file of the X Addl. District and Member of Addl. Motor Accident Claims Tribunal,, Belgavi, is modified by enhancing the compensation to Rs.9,57,044/as against Rs.6,86,000/- awarded by the Tribunal which shall carry interest at the rate of 6% per annum from the date of petition till realisation;

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