Partly allowed

Zubeda W/O. Hasansab Hulmani v. Hanamanthappa S/O. Rangappa Shirhatti

Karnataka HC11 Oct 2023MFA/101523/2015

Case brief

AI extract

What is this about?

This Special Second Appeal by the insurer against the Motor Accident Claim Tribunal's award of compensation in a fatal accident case. The High Court allowed the appeal partly, increasing the compensation amount from Rs. 4,69,000 to Rs. 4,89,000 by revising the loss of consortium head to Rs. 1,32,000 and adding loss of estate/transportation expenses, directing immediate payment by the insurer.

What did the court decide?

Compensation enhanced from Rs. 4,69,000 to Rs. 4,89,000. Insurer directed to deposit the amount within eight weeks along with interest at 6% p.a.

Zubeda W/O. Hasansab Hulmani Vs Hanamanthappa S/O. Rangappa… — Insurance | Karnataka HC (2023)

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NC: 2023:KHC-D:12230 MFA No. 101523 of 2015

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF OCTOBER, 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.101523/2015(MV-D)

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BETWEEN:

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SMT. ZUBEDA W/O. HASANSAB HULMANI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: HIREPETH, OLD HUBBALI, HUBBALLI, DIST: DHARWAD.

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Digitally signed by SUJATA SUBHASH PAMMAR

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REHAN BEGUM D/O. HASANSAB HULAMANI, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: HIREPETH, OLD HUBBALLI, HUBBALLI, DIST: DHARWAD.

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WAJID S/O. HASANSAB HULAMANI, AGE: 28 YEARS, OCC: STUDENT, R/O. HIREPETH, OLD HUBBALLI, HUBBALLI, DIST: DHARWAD.

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…APPELLANTS

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(BY SRI DINESH M. KULKARNI, ADVOCATE)

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AND:

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2 - NC: 2023:KHC-D:12230 MFA No. 101523 of 2015

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HANAMANTHAPPA S/O. RANGAPPA SHIRHATTI, AGE: MAJOR, OCC: OWNER OF VEHICLE, R/O: H. NO.119, MANTUR VILLAGE, TQ: HUBBALLI, DIST: DHARWAD.

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI, DIST: DHARWAD.

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SHARANAPPA S/O. FAKIRAPPA KALADGI, AGE: MAJOR, OCC: DRIVER OF VEHICLE, R/O. PARSAPUR VILLAGE, TQ: HUBBALLI DIST: DHARWAD

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…RESPONDENTS

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(BY SRI S.S.KOLIWAD, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH; R3 IS SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 02.08.2014 PASSED IN MVC NO.86/2008 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT., HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 27.09.2023, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY THE COURT DELIVERED THE FOLLOWING JUDGMENT.

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NC: 2023:KHC-D:12230 MFA No. 101523 of 2015

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JUDGMENT

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This appeal is filed by the claimants challenging the judgment and award dated 02.08.2014, passed by the tribunal in MVC No.86/2008, seeking enhancement of compensation.

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Heard the arguments and perused the material

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placed on record.

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In this case, the factum of accident, death of deceased in the said accident and coverage of insurance are not in dispute.

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In the present case, the tribunal awarded

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compensation under various heads as follows:

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Sl.No.	Heads.		Amount in (Rs.)
1.	Loss of dependency		3,24,000-00
2.	Funeral expenses		25,000-00
3.	Love and care		10,000-00
4.	Loss of Consortium		1,00,000-00
		Total:	4,69,000-00

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4 - NC: 2023:KHC-D:12230 MFA No. 101523 of 2015

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The tribunal awarded lesser amount of compensation contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be modified.

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The deceased was aged 60 years as on the date of accident and was a coolie by profession. The accident is of the year 2008. The tribunal has taken monthly income of Rs.4,500/- p.m., which is found to be correct. Hence notional income is to be taken at Rs.4,500/-. There are totally 3 legal heirs. Therefore 1/3 of the income is to be deducted towards personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is 9. Therefore loss of dependency is re-assessed and quantified at Rs.3,24,000/(Rs.4500X2/3x9x12).

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In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi supra , the

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NC: 2023:KHC-D:12230 MFA No. 101523 of 2015

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claimants are entitled to Rs.40,000/- each under the head

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‘loss of consortium’, along with 10% escalation.

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Accordingly, Rs.1,32,000/- (Rs.40,000 x 3 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’.

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Further, a compensation of Rs.15,000/- each is

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awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2

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10%) is awarded.

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Thus, the claimants would be entitled for

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compensation under various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards loss of dependency	3,24,000-00
2.	Towards loss of consortium	1,32,000-00
3.	Towards loss of estate and transportation of dead body & funeral expenses.	33,000-00
	Total:	4,89,000-00

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6 - NC: 2023:KHC-D:12230 MFA No. 101523 of 2015

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Therefore, the claimants are entitled for

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compensation of Rs. 4,89,000-00/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs. 4,69,000/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt

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of a certified copy of this judgment.

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In the result, 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 02.08.2014, passed by the 3^rd Addl. Senior Civil Judge and Addl. MACT., Hubballi, in MVC No.86/2008 stands modified.

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iii) The claimants are entitled for total compensation of Rs. 4,89,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization.

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NC: 2023:KHC-D:12230 MFA No. 101523 of 2015

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iv) The claimants are not entitled for

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interest for the delayed period of 98 days in filing the appeal.

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v) The insurance company shall deposit

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the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

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vi) Send back the trial Court records

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along with a copy of this judgment.

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vii) No order as to costs.

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viii) Draw award accordingly.

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SD/JUDGE

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HMB

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List No.: 5 Sl No.: 6 CT-ASC

Zubeda W/O. Hasansab Hulmani v. Hanamanthappa S/O. Rangappa Shirhatti

Case brief

What is this about?

What did the court decide?

Zubeda W/O. Hasansab Hulmani v. Hanamanthappa S/O. Rangappa Shirhatti

Case brief

What is this about?

What did the court decide?

What the court decided

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