Partly allowed

Smt.Shafiya Begum W/O Anwarsab Shaikh v. Shri.Ashok S/O Rango Desai

Karnataka HC22 Nov 2023MFA/103176/2019

Case brief

AI extract

What is this about?

The High Court allowed the motor accident appeal in part, revising the Tribunal Award. The Court enhanced total compensation by adding future prospects under the Pranay Sethi ratio, loss of consortium, estate loss, and funeral expenses. Interest rate was reduced to 6%.

What did the court decide?

Compensation enhanced to Rs. 15,78,000 with 6% interest; Respondent to deposit within six weeks.

Smt.Shafiya Begum W/O Anwarsab Shaikh Vs… — Execution and Attachment | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:13624-DB MFA No. 103176 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF NOVEMBER, 2023 PRESENT

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THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 103176 OF 2019 (MV-D)

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BETWEEN:

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SMT. SHAFIYA BEGUM W/O. ANWARSAB SHAIKH, AGE. 51 YEARS, OCC. HOUSEHOLD WORK,

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KUMARI. KOUSAR D/O. ANWARSAB SHAIKH, AGE.25 YEARS, OCC. HOUSEHOLD WORK,

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KUMARI. SAHEEN D/O ANWARSAB SHAIKH, AGE. 24 YEARS OCC. HOUSEHOLD WORK,

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ALL ARE R/O. GHODKE PLOT, ANAND NAGAR, OLD HUBBALLI, HUBBALLI-580024.

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APPELLANTS

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(BY SRI. HARISH S. MAIGUR, ADVOCATE)

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AND:

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Digitally signed by VINAYAKA VINAYAKA B V B V Date: 2023.11.28 11:56:15 +0530

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SHRI. ASHOK S/O. RANGO DESAI, AGE. 33 YEARS, OCC. OWNER, R/O. PADMANBA BUILDING, RAJAGIRI, DHARWAD, AT. PO. CHHABBI VILLAGE, TQ. HUBBALLI, DIST. DAHRWAD-581207.

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THE MANAGER, BHARATI AXA GENERAL INSURANCE CO. LTD., REPT. BY ITS AUTHORIZED OFFICER, DIVISIONAL OFFICE, RELIANCE DIGITAL COMPLEX, VIDYANAGAR, HUBBALLI, REGISTERED OFFICE, I FLOOR, FERMS ICON, SURVEY NO.29, DOODENEKUNDI OFF, OUTER RING ROAD, BENGALURU-560037.

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RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE FOR R1, SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2)

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2 - NC: 2023:KHC-D:13624-DB MFA No. 103176 of 2019

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THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.03.2019 PASSED IN MVC NO.881/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, VIJAYKUMAR A.PATIL J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 by the appellants/ claimants seeking enhancement of compensation awarded under judgment and award dated 29.03.2019 passed in MVC No.881/2016 on the file of learned III Addl. Senior Civil Judge and Addl. MACT, Hubballi (for short, ‘Tribunal’).

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Brief facts raising to filing of this appeal are that on 10.10.2015 son of the petitioner no.1 and elder brother of the petitioner nos.2 and 3, by name Mohammed Rafiq Anwarsab Shaikh was going towards Dharwad on a motorcycle bearing registration No.KA-25-TC-64, as a pillion rider. When the motocycle came near Prithvi Garden hotel on Kalghatagi-Dharwad road, a car bearing regn. No. KA-25MA-3579 came in a high speed with rash and negligent manner driven by its driver came from opposite direction and

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dashed the motorcycle, the said car also hit another motorcycle bearing reg. no. KA-25-EM-3225 coming behind the motorcycle of Mohammad Rafiq and caused the accident. As a result of which, the said Mohammad Rafiq sustained grievous injuries, later he succumbed to the injuries on the way to the hospital. It is averred that the deceased was aged 29 years at the time of the accident, and he was hale and healthy and was an carpeter earning a sum of Rs.20,000/- per month. The claimants are the mother and sisters.

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The respondent No.1/owner of the car filed written statement denying the averments made in the claim petition. It is averred that as on the date of accident, the vehicle was insured with the respondent no.2 and the driver of the vehicle possessed valid and effective driving licence. Hence, prayed for dismissal of the claim petition as against him. The respondent No.2-insurer of the offending vehicle though served remained exparte.

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The Tribunal has recorded the evidence of the parties. The claimant No.1-sister of the deceased examined herself

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as P.W.1 and examined one more witness as PW2 and got marked Exs.P.1 to Ex.P.8. The respondents have not adduced any evidence. The Tribunal on appreciation of the entire material on record, awarded a total compensation of Rs.11,25,000/- with 8% interest per annum from the date of petition till the date of realization. Aggrieved by the same, the claimants are before this Court seeking enhancement of compensation.

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Learned counsel Sri. Harish S Maigur, appearing for the appellants-claimants submits that the Tribunal has committed an error in not awarding compensation under the head of loss of future prospects as per the judgment of the Hon’ble Supreme Court in the case of National Insurance

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Co. Ltd., Vs. Pranay Sethi and others¹ and also submits that award of the compensation under other heads also on lower side.

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Per contra, Sri.Nagaraj C. Kolloori, learned counsel for the respondent No.2-Insurance Company vehemently contends that the Tribunal has rightly assessed notional

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1 2017 ACJ 2700

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income of the deceased. He further submits that rate of interest awarded by the Tribunal on the compensation amount at 8% per annum is on the higher side and it has to be reduced to 6% per annum. It is further submitted that the Tribunal has awarded just and reasonable compensation on various heads, which do not warrant interference at the hands of this Court. Hence, he seeks to dismiss the appeal.

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We have heard the learned counsel for the appellants as well as learned counsel for the respondent No.2 and perused the appeal papers along with original records.

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Having heard the learned counsel for the parties and on perusal of the material available on record, the following points would arise for our consideration in the present appeal:

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Whether the appellants/claimants would be entitled for enhanced compensation?

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Answer to the above point would be in the affirmative for the following reasons:

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(a) The parties to the proceedings do not dispute the accident and the liability of the Insurance Company. As rightly contended by the learned counsel for the appellants, the Tribunal is not right in not adding future prospects to the assessed income of the deceased. The deceased was aged 29 years and working on fixed salary. In view of law laid down in Pranay Sethi (supra) 40% of the notional income to be added to the monthly income of the deceased.

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(b) In view of the ratio laid down by the Hon’ble Supreme Court in Magma Magma General Insurance Company Limited Vs. Nanu Ram & Others² , each of the claimants would be entitled to Rs.40,000/- under the head of loss of consortium. The claimants are also entitled for Rs.15,000/- each towards loss of estate and towards transportation of dead body and funeral expenses.

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c) Thus, the appellants/claimants are entitled for compensation under the head loss of dependency as under: Rs.10,000 + 40% x 12 X 17 - 1/2 = Rs.14,28,000/-

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2 2018 ACJ 2782

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(d) The appellants are entitled for the following

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modified compensation with interest at the rate of 6%:

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1	Loss of dependency	14,28,000.00
2	Loss of consortium (Rs.40,000/- each to appellants No.1 to 3)	1,20,000.00
3	Transportation of dead body and Funeral expenses	15,000.00
4	Loss of estate	15,000.00
	Total	15,78,000.00
	Compensation awarded by the tribunal	11,25,000.00
	Enhanced compensation	4,53,000.00

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Thus, the claimants would be entitled to total compensation of Rs.15,78,000/- as against Rs.11,25,000/awarded by the Tribunal.

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Hence, we proceed to pass the following order:

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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 29.03.2019 passed in MVC No.881/2016 by the Tribunal, is modified to an extent that the claimants would be entitled to total compensation of Rs.15,78,000/- as against Rs.11,25,000/- awarded by the Tribunal.

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iii. The enhanced compensation amount of Rs.4,53,000/- shall carry interest at the

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rate of 6% per annum from the date of petition till date of payment.

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iv. Respondent/Insurance Company shall deposit the enhanced compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

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