Partly allowed

Smt.Naazarin W/O.Irfan @ Mohammaedirfan Bhadakali v. Mr.John George S/O.Putan George

Karnataka HC18 Aug 2023MFA/100826/2020

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal challenges a Motor Accident Claim Tribunal award, seeking enhanced compensation. The High Court found the original award just except for loss of consortium. Relying on Supreme Court precedents, the court enhanced the quantum for loss of consortium and love and affection for six dependents and modified the award.

What did the court decide?

The judgment and award dated 28.08.2019 are modified. Claimants are entitled to an additional compensation of Rs. 1,00,000/- along with interest at 6% p.a.

Smt.Naazarin W/O.Irfan @ Mohammaedirfan Bhadakali Vs… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:9119 MFA No. 100826 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.100826/2020(MV-D)

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BETWEEN:

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SMT.NAAZARIN W/O.IRFAN @ MOHAMMAEDIRFAN BHADAKALI,

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AGE : 42 YEARS, OCC : TAILORING, NOW NIL, R/O : H.NO.4674, BHADKAL GALLI, BELAGAVI, PIN:590004, TQ AND DIST : BELAGAVI.

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SHAIBAZ S/O. IRFAN @ MOHAMMEDIRFAN BHADAKALI,

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AGE : 26 YEARS, OCC : STUDENT, R/O : H.NO.4674, BHADKAL GALLI, BELAGAVI, PIN:590004, TQ AND DIST : BELAGAVI.

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Digitally signed by SUJATA SUBHASH PAMMAR

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SAIFALI SHOEB S/O.IRFAN @ MOHAMMEDIRFAN BHADAKALI, AGE : 24 YEARS, OCC : STUDENT, R/O : H.NO.4674, BHADKAL GALLI BELAGAVI, PIN:590004, TQ AND DIST : BELAGAVI.

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MISS HEENA D/O.IRFAN @ MOHAMMEDIRFAN BHADAKALI, AGE : 22 YEARS, OCC : STUDENT, R/O : H.NO.4674, BHADKAL GALLI, BELAGAVI, PIN:590004, TQ AND DIST : BELAGAVI.

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SAQLAIN MUSTAK S/O. IRFAN @ MOHAMMEDIRFAN BHADALI, AGE : 20 YEARS, OCC : STUDENT, R/O : H.NO.4674, BHADKAL GALLI, BELAGAVI, PIN:590004, TQ AND DIST : BELAGAVI.

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NC: 2023:KHC-D:9119 MFA No. 100826 of 2020

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SRI ABDULKARIM S/O.MODISAB BHADAKALI, AGE : 20 YEARS, OCC : STUDENT, R/O : H.NO.4674, BHADKAL GALLI BELAGAVI, PIN:590004, TQ and DIST : BELAGAVI.

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…APPELLANTS

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(BY SRI HANAMANT R. LATUR, ADVOCATE)

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AND:

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MR. JOHN GEORGE S/O.PUTAN GEORGE, AGE : 52 YEARS, OCC : BUSINESS, R/O : H.NO.LIG-46 K.P.C.COLONY, LENIN ROAD, DANDELI, PIN : 581325, TQ : HALYAL, DIST : KARWAR.

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THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., NO.1289, KITTUR CHAMBERS, MAIN ROAD, KARWAR-581301, THROUGH ITS OFFICE AT IIND FLOOR MADIWALE ARCADE, CLUB ROAD, BELAGAVI, PIN : 590001.

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…RESPONDENTS (BY SMT RATNAMALA, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH)

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MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLES

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ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY COURT

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OF XI ADDITIONAL DISTRICT JUDGE AND ADDITIONAL M.A.C.T, BELAGAVI, IN MVC NO.483/2018 DATED 28.08.2019, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

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THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC-D:9119 MFA No. 100826 of 2020

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JUDGMENT

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This appeal is filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award passed by the Tribunal seeking enhancement of compensation, as the Tribunal has awarded inadequate compensation.

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The factum of the accident, liability and death occurred are not in dispute.

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The deceased died in the road accident. The Tribunal has passed judgment and award by awarding

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compensation under various heads as follows:

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1.	Loss of dependency	Rs.13,06,800/-
2.	Medical expenses of the deceased	Rs.7,000/-
3.	Loss of consortium	Rs.40,000/-
4.	Transportation of dead body and funeral expenses.	Rs.15,000/-
5.	Loss of Estate	Rs.15,000/-
6.	Love and affection	Rs.1,00,000/-
	Total	Rs.14,83,800/-
	rounded off	Rs.14,84,000/-

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4 - NC: 2023:KHC-D:9119 MFA No. 100826 of 2020

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After perusing the quantum of compensation awarded by the Tribunal under various heads as

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mentioned above are found to be just and proper on loss of dependency, medical expenses of the deceased, transportation of dead body and funeral expenses, and loss of estate, but has awarded less amount towards loss of consortium. There are totally 6 dependents of the deceased. Hence, as per the judgment of the Hon’ble Supreme Court in the cases of Magma General Insurance Co. Limited v. Nanu Ram & Others¹ and National Insurance Co. Ltd. vs. Pranay Sethi² , the claimants are entitled to Rs.40,000/- each under the head ‘Loss of Consortium’. Accordingly, Rs.2,40,000/- (Rs.40,000 x 6) is awarded under the head ‘ Loss of Consortium including Loss of Love and Affection’ .

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Accordingly, Rs.2,40,000/- is awarded under head of loss of consortium but the Tribunal has awarded

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1 2018 ACJ 2782

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2 (2017) 16 SCC 680

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5 - NC: 2023:KHC-D:9119 MFA No. 100826 of 2020

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only Rs.1,40,000/- towards loss of consortium and love and affection. Loss of consortium and loss of love and affection are having similar connotation. Therefore, the claimants are entitled enhanced compensation of Rs.1,00,000/- under the head loss of consortium.

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Therefore, the claimants are entitled enhanced compensation of Rs.1,00,000/- in addition to what has been awarded by the Tribunal along with interest at 6% per annum from the date of filing of the petition till realization. Accordingly, I proceed to pass the following:

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ORDER

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i) The appeal is allowed in part.

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ii) The judgment and award dated 28.08.2019, passed by the learned XI Additional District Judge and Additional M.A.C.T., Belagavi, in MVC No.483/2018 stands modified to the aforesaid extent.

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