Partly allowed

Subham Adoptive Father Kalagouda Mudappagol @ Pati v. Laxmibai W/O Amasidda Bajantri

Karnataka HC29 Aug 2023MFA.CROB/779/2013

Case brief

AI extract

What is this about?

High Court allowed cross-objections in motor vehicle accident claims against a judgment fixing compensation at Rs. 3.61 lakh and Rs. 3.8 lakh. Court upheld adoptive son's standing, enhanced quantum by recalculating dependency losses and applying loss of consortium, awarding Rs. 8.80 lakh and Rs. 9.35 lakh respectively with 6% interest.

What did the court decide?

Impugned judgment and award dated 01.03.2012 modified; claimants entitled to enhanced compensation of Rs. 8,80,000 and Rs. 9,35,000 with 6% p.a. interest; claimants not entitled for interest for 145 d

Subham Adoptive Father Kalagouda Mudappagol @ Pati… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:9677 MFA.CROB No. 780 of 2013 C/W MFA No. 23391 of 2012, MFA No. 23392 of 2012, MFA.CROB No. 779 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 29^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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MFA CROSS OBJ NO.780/2013 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.23391/2012 MISCELLANEOUS FIRST APPEAL NO.23392/2012 MFA CROSS OBJ NO.779/2013

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IN MFA.CROB.NO.780/2013:

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BETWEEN:

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KUMAR SUBHAM ADOPTIVE FATHER KALAGOUDA MUDAPPAGOL @ PATIL,

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AGE: 17 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HIS UNCLE, SHRI RAYAGONDA RAMAGONDA MUDDAPPAGOL @ PATIL, AGE: 43 YEARS, OCC: AGRICULTURE, R/O:CHINCHANI, TALUK: CHIKODI, DISTRICT: BELGAUM.

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Digitally signed by SUJATA SUBHASH PAMMAR

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SUSHILA D/O. RAMAGONDA MUDDAPPAGOL @ PATIL, AGE: 55 YEARS, OCC: NIL, R/O:CHINCHANI, TALUK: CHIKODI, DISTRICT: BELGAUM.

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SHANKJKA D/O. RAMAGONDA MUDDAPPAGOL @ PATIL, AGE: 53 YEARS, OCC: NIL, R/O:CHINCHANI, TALUK: CHIKODI, DISTRICT: BELGAUM.

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…CROSS OBJECTORS

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(BY SRI H. M. DHARIGOND, ADVOCATE)

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AND:

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NC: 2023:KHC-D:9677 MFA.CROB No. 780 of 2013 C/W MFA No. 23391 of 2012, MFA No. 23392 of 2012, MFA.CROB No. 779 of 2013

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SMT. LAXMIBAI W/O. AMASIDDA BAJANTRI, AGE: 48 YEARS, OCC: BUSINESS, R/O:KANAMADI, TALUK AND DISTRICT: BIJAPUR.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, NIPANI, TALUK CHIKODI, THROUGH ITS DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM.

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…RESPONDENTS

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(BY SRI R. R. MANE, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF CIVIL PROCEDURE CODE, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 01.03.2012 PASSED IN MVC NO.1128/2010 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL BELGAUM, AND AWARD JUST AND REASONABLE COMPENSATION UNDER THE ALL PERMISSIBLE HEADS IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA. NO.23391/2012:

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BETWEEN:

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NATIONAL INSURANCE CO. LTD., BY IS DIVISIONAL MANAGER, BRANCH OFFICE, NIPANI, TAL: CHIKODI, THROUGH ITS DIVISIONAL OFFICE, RAMDEV GALLI, BELGAUM, HEREIN REPRESENTED BY: NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, CELL, SUJATA COMPELX, P.B.ROAD, HUBLI – 580 029, REPRESENTED BY ITS DEPUTY MANAGER.

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…APPELLANT

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(BY SRI R.R. MANE, ADVOCATE)

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AND:

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NC: 2023:KHC-D:9677 MFA.CROB No. 780 of 2013 C/W MFA No. 23391 of 2012, MFA No. 23392 of 2012, MFA.CROB No. 779 of 2013

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KUMAR SUBHAM ADOPTIVE FATHER KALAGOUDA MUDDAPPAGOL AT PATIL, (NATURAL FATHER BABASAB KOTIWALE) AGE: 16 YEARS, OCC: STUDENT, SINCE MINOR, REPRESENTED BY HIS UNCLE SHRI RAYAGOUDA RAMAGONDA MUDDAPPAGOL AT PATIL, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: CHINCHANI, TQ: CHIKODI, DIST: BELGAUM.

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…RESPONDENT

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(BY SRI H.M. DHARIGOND, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 01.03.2012 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELGAUM, IN MVC NO.1127/2010.

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IN MFA. NO.23392/2012:

BETWEEN:

…APPELLANT

(BY SRI R.R. MANE, ADVOCATE)

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AND:

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KUMAR SUBHAM ADOPTIVE FATHER KALAGOUDA MUDDAPPAGOL AT PATIL,

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NC: 2023:KHC-D:9677 MFA.CROB No. 780 of 2013 C/W MFA No. 23391 of 2012, MFA No. 23392 of 2012, MFA.CROB No. 779 of 2013

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(NATURAL FATHER BABASAB KOTIWALE) AGE: 16 YEARS, OCC: STUDENT, SINCE MINOR, REPRESENTED BY HIS UNCLE SHRI RAYAGOUDA RAMAGONDA MUDDAPPAGOL AT PATIL, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: CHINCHANI, TQ: CHIKODI, DIST: BELGAUM.

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SMT. SUSHILA D/O RAMAGONDA MUDDAPPAGOL AT PATIL, AGE: 54 YEARS, OCC: NIL, R/O: CHINCHANI, TQ: CHIKODI, DIST: BELGAUM.

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SMT. SHANAKKA D/O. RAMAGONDA MUDDAPPAGOL AT PATIL, AGE: 52 YEARS, OCC: NIL, R/O: CHINCHANI, TQ: CHIKODI, DIST: BELGAUM.

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…RESPONDENTS

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(BY SRI H.M. DHARIGOND, ADVOCATE FOR R1 TO R3;)

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IN MFA.CROB.NO.779/2013:

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BETWEEN:

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KUMAR SUBHAM ADOPTIVE FATHER KALAGOUDA MUDAPPAGOL @ PATIL, AGE: 17 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HIS UNCLE, SHRI RAYAGONDA RAMAGONDA MUDDAPPAGOL @ PATIL, AGE: 43 YEARS, OCC: AGRICULTURE, R/O:CHINCHANI, TALUK: CHIKODI, DISTRICT: BELGAUM.

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…CROSS OBJECTOR

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(BY SRI H. M. DHARIGOND, ADVOCATE)

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NC: 2023:KHC-D:9677 MFA.CROB No. 780 of 2013 C/W MFA No. 23391 of 2012, MFA No. 23392 of 2012, MFA.CROB No. 779 of 2013

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AND:

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SMT. LAXMIBAI W/O. AMASIDDA BAJANTRI, AGE: 48 YEARS, OCC: BUSINESS, R/O:KANAMADI, TALUK AND DISTRICT: BIJAPUR.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, NIPANI, TALUK CHIKODI, THROUGH ITS DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM.

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…RESPONDENTS

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(BY SRI R. R. MANE, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF CIVIL PROCEDURE CODE, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 01.03.2012 PASSED IN MVC NO.1127/2010 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL BELGAUM, AND AWARD JUST AND REASONABLE COMPENSATION UNDER THE ALL PERMISSIBLE HEADS IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE MFA.CROBS AND APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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JUDGMENT

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MFA.CROB.No.780/2013 is filed in MFA No.23392/2012 (M.V.C. No.1128/2010) and

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MFA.CROB.No.779/2013 is filed in MFA No.23391/2012 (MVC No.1127/2010), are filed by the claimants under Order 41 Rule 22 of the Code of Civil Procedure, 1908, challenging the common judgment and award dated 01.03.2012 by the I Additional Senior Civil Judge and Motor Accident Claims Tribunal, Belagavi, for seeking enhancement of compensation whereas MFA NO.23391/2012 and MFA No.23392/2012 are filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988, contending that the claimants are not legal heirs of the deceased.

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The factum of accident and death of the deceased as stated in the claim petition are not disputed.

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In the said accident, Sumitra and Kalagonda died and in M.V.C. No.1127/2010 the adoptive son of Sumitra has preferred claim petition. In M.V.C.

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No.1128/2010 adoptive son and two sisters of Kalagonda preferred the claim petition.

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Heard on both sides and perused the records.

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The learned counsel for the Insurance Company submitted that the adoption deed produced is not believable. Therefore, the claimant by stating that he is adoptive son of deceased is not correct. Therefore, submitted claim petition filed by stating that the claimant is adopted son is not maintainable. Further submitted that alternatively the quantum of compensation awarded is on higher side. Therefore, prays to allow the appeals.

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On the other hand, learned counsel for the claimants/cross-objectors submitted that Ex.P.8 is the adoption deed and the Tribunal by believing the same has granted compensation. Further submitted that, in the claim petition before the Tribunal, the question of validity of the adoption deed cannot be adjudicated and if at all the Insurance Company is contending that the adoption

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deed is fabricated one, then Insurance Company has remedy before the Civil Court but cannot contend before the MACT in claim petition the adoption deed produced is not genuine one. Therefore, prays to dismiss the appeals of Insurance Company and to enhance the quantum of compensation.

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In the present case, Kumar Subham is stated to be the adopted son of Kalagonda and Sumitra who died in the accident and filed claim petition under Section 166 of the M.V. Act on account of death of Kalagonda and Sumitra. If natural parents are alive then it can be said that the claim petition filed by adopted son is not maintainable. Ex.P.8 is the adoption deed and Ex.P.9 and P.10 are survival certificates. These two documentary evidence show that the claimant-Kumar Subham was adapted to the family of Kalagonda and Sumitra on 16.01.2005 thereby an adoption deed was executed. Just because there is a gap between the date of purchasing stamp paper and execution of deed that alone cannot be a

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ground to suspect the document of adoption deed where

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the claimant has produced adoption deed and if the Insurance Company is seriously disputing the said adoption deed as it is either fabricated or forged one then the genuinity of the adoption deed cannot be adjudicated in the claim proceedings arising under the provisions of the Motor vehicles Act before the Tribunal. For adjudicating the genuinity of adoption deed remedies before the Competent Civil Court. The Insurance Company has not questioned this adoption deed before any of the Civil Courts. The claimant has produced adoption deed contending that he is adopted son of Kalagonda and Sumitra and survivor certificate is produced that probabilises the contention of the claimant as being legal representative of the deceased has filed claim petition. To controvert this, the Insurance Company has not adduced any evidence much less has not impeached in the course of cross-examination of the claimant except putting some suggestions. Therefore, in this regard the Court does not

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see any merit in the contention taken by the Insurance

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Company.

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MFA.CROB.No.780/2013 in MFA No.23392/2012

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(M.V.C. No.1128/2010)

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The Tribunal has awarded compensation under

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various heads are as follows:

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1.	Loss of dependency	Rs.3,36,000/-
2.	Funeral expenses	Rs.5,000/-
3.	Towards loss of estate	Rs.5,000/-
4.	Loss of Love and affection	Rs.15,000/-
	Total	Rs.3,61,000/-

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In the present case, the deceased was aged 47

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years old. The Tribunal has taken the notional income at Rs.3,000/- per month which is on lesser side. Here the claimant is adopted son of Kalagouda and two other claimants are sisters who are stated to be deaf and dumb. The accident was caused in the year 2010. Therefore, as per chart of notional income recognized by the Karnataka State Legal Services Authority, a sum of Rs.5,500/- per

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month to be taken as notional monthly income of the deceased. The Tribunal has not added income towards loss

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of future prospects in life. According to the age of the deceased 25% of the income is to be added towards loss of future prospects in life as per the judgment of the Hon’ble Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi¹ , i.e. Rs.1,375/- (Rs.5,500 of 25%). Therefore, the monthly income of the deceased is taken at Rs.6,875/- (Rs.5,500 + 1,375). The appropriate multiplier applicable as per the judgment of the Hon’ble Supreme Court, in the case of Smt.Sarla Verma & Others vs. Delhi Transport Corpn and Another² is ‘13’. There are 3 claimants, hence, 1/3^rd of income is deducted towards personal and living expenses. Therefore, the compensation under the head ‘Loss of dependency

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along with loss of future prospects in life’ is reassessed and quantified as follows:

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1 (2017) 16 SCC 680

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2 AIR 2009 SCC 3104

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Rs.5,500 + 1,375 (25% of Rs.5,500) x 2/3 x 13 x 12 =

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Rs.7,15,000/-.

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The Tribunal has awarded a sum of Rs.15,000/-

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towards ‘Loss of Love and affection’, which is on lesser side. There are totally three dependants of the deceased, hence, as per the judgment of the Hon’ble Supreme Court in the cases of Magma General Insurance Co. Limited

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v. Nanu Ram & Others³ and National Insurance Co. Ltd. vs. Pranay Sethi⁴ , the claimants are entitled to Rs.40,000/- each under the head “Loss of Consortium’. Accordingly, Rs.1,20,000/- (Rs.40,000 x 3) with 10% escalation i.e. Rs.1,32,000/- is awarded under the head of ‘ Loss of Consortium including Loss of love and affection’ .

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Further the Tribunal has awarded compensation at Rs.5,000/- towards ‘ Transportation of dead body and funeral expenses’ is on lesser side. Hence,

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3 2018 ACJ 2782

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4 (2017) 16 SCC 680

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compensation with 10% escalation a sum of Rs.16,500/- (Rs.5,500 + 10%) is awarded under the said head.

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Further compensation awarded under the head

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‘Loss of Estate’ at 5,000/- is on lesser side. Hence, compensation with 10% escalation a sum of Rs.16,500/- (Rs.5,500 + 10%) is awarded under the said head.

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Hence, the claimants are entitled for a total enhanced compensation, under various heads as follows:

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1.	Loss of dependency along with loss of future prospects in life.	Rs.7,15,000/-
2.	^{Loss of consortium including} loss of love and affection.	Rs.1,32,000/-
3.	^{Transportation of dead body} & funeral expenses.	Rs.16,500/-
4.	Loss of estate.	Rs.16,500/-
	Total	Rs.8,80,000/-

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The Tribunal has awarded interest at 9% p.a.

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the same is scale down to 6% p.a. Therefore, the claimants are awarded a total compensation of Rs.8,80,000/- as against what has been awarded by the

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Tribunal along with interest at 6% per annum from the

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date of filing of the petition till realization.

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MFA.CROB.No.779/2012 in MFA No.23391/2012

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(M.V.C. No.1127/2010)

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The Tribunal has awarded compensation under

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various heads are as follows:

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1.	Loss of dependency	Rs.3,60,000/-
2.	Funeral expenses	Rs.5,000/-
3.	Towards loss of estate	Rs.5,000/-
4.	Loss of Love and affection	Rs.10,000/-
	Total	Rs.3,80,000/-

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In the present case, the deceased was aged 42 years old. The Tribunal has taken the notional income at Rs.3,000/- per month which is on lesser side. Here the claimant is adopted son of Sumitra. The accident was caused in the year 2010. Therefore, as per chart of notional income recognized by the Karnataka State Legal Services Authority, a sum of Rs.5,500/- per month to be taken as notional monthly income of the deceased. The

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Tribunal has not added income towards loss of future prospects in life. According to the age of the deceased 25% of the income is to be added towards loss of future prospects in life as per the judgment of the Hon’ble Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi 5 , i.e. Rs.1,375/- (Rs.5,500 of 25%). Therefore, the monthly income of the deceased is taken at Rs.6,875/- (Rs.5,500 + 1,375). The appropriate multiplier applicable as per the judgment of the Hon’ble Supreme Court, in the case of Smt.Sarla Verma & Others vs. Delhi Transport Corpn and Another⁶ is ‘14’. There are three claimants, hence, 1/3^rd of income is deducted towards personal and living expenses. Therefore, the compensation under the head ‘Loss of dependency

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along with loss of future prospects in life’ is reassessed and quantified as follows:

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5 (2017) 16 SCC 680

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6 AIR 2009 SCC 3104

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Rs.5,500 + 1,375 (25% of Rs.5,500) x 2/3 x 14 x 12 =

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Rs.7,70,000/-.

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The Tribunal has awarded a sum of Rs.15,000/-

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v. Nanu Ram & Others⁷ and National Insurance Co. Ltd. vs. Pranay Sethi⁸ , the claimants are entitled to Rs.40,000/- each under the head “Loss of Consortium’. Accordingly, Rs.1,20,000/- (Rs.40,000 x 3) with 10% escalation i.e. Rs.1,32,000/- is awarded under the head of ‘ Loss of Consortium including Loss of love and affection’ .

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Further the Tribunal has awarded compensation at Rs.5,000/- towards ‘ Transportation of dead body

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and funeral expenses’ which is on lesser side. Hence,

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7 2018 ACJ 2782

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8 (2017) 16 SCC 680

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compensation with 10% escalation a sum of Rs.16,500/- (Rs.5,500 + 10%) is awarded under the said head.

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Further compensation awarded under the head

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‘Loss of Estate’ at 5,000/- is on lesser side. Hence, compensation with 10% escalation a sum of Rs.16,500/- (Rs.5,500 + 10%) is awarded under the said head.

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Hence, the claimants are entitled for a total enhanced compensation, under various heads as follows:

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1.	Loss of dependency along with loss of future prospects in life.	Rs.7,70,000/-
2.	^{Loss of consortium including} loss of love and affection.	Rs.1,32,000/-
3.	^{Transportation of dead body} & funeral expenses.	Rs.16,500/-
4.	Loss of estate.	Rs.16,500/-
	Total	Rs.9,35,000/-

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The Tribunal has awarded interest at 9% p.a.

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the same is scale down to 6% p.a. Therefore, the claimants are awarded a total compensation of Rs.9,35,000/- as against what has been awarded by the

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Tribunal along with interest at 6% per annum from the

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date of filing of the petition till realization.

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ORDER

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i) The appeals filed by the insurance company and cross objections filed by the claimants are allowed in part .

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ii) The impugned judgment and award dated 01.03.2012, passed in M.V.C. Nos.1127/2010 and 1128/2010 respectively, by the learned I Additional Senior Civil Judge and Motor Accident Claims Tribunal, Belgaum, is modified.

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iii) The claimants are entitled for enhanced compensation of Rs.8,80,000/and Rs.9,35,000/- respectively as against what has been awarded by the tribunal along with interest at 6% per annum from the date of filing of the petition till realization.

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