Partly allowed

United India Insurance Co., Ltd., v. Sri Ganpathi W/O Chhayapa Kothawale

Karnataka HC25 Sept 2024MFA/101120/2023

Case brief

AI extract

What is this about?

MFA challenging excess compensation in motor vehicle accident case. Court reduced dependency claim based on digital chart income, corrected consortium to cover both husband and son, and modified total award suitably. Appeal partly allowed with interest provision.

What did the court decide?

Total compensation reduced to Rs.13,01,825/-; amount to be deposited by insurer with 6% interest within six weeks; judgment modified.

United India Insurance Co., Ltd., Vs Sri… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13772 MFA No. 101120 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 101120 OF 2023

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BETWEEN:

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UNITED INDIA INSURANCE CO., LTD., REP. BY THE DIVISIONAL MANAGER, BELAGAVI D.O, AT SEETHA SMRUTHI, MARUTI GALLI, BELAGAVI, REP. BY ITS AUTHORIZED SIGNATORY, DIVISIONAL MANAGER, (INSURER OF HONDA SHINE MOTOR CYCLE NO.MH-09/DE-3542). (BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE)

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…APPELLANT

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AND:

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SRI. GANPATHI W/O. CHHAYAPPA KOTHAWALE, (SINCE DURING CLAIM PETITION DIED)

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA

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SRI. UMAJI W/O. GANAPATI KOTHAWALE, AGE: 40 YEARS, OCC: PRIVATE SERVICE, R/O: A/P: MAJALE, TQ: HATHKANAGALE, 1. PRESENTLY AT SHIVAJI NAGAR, BELAGAVI - 416109.

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2 SRI. VIJAYA BAPUSAHEB KARADKAR, AGE: MAJOR, OCC: BUSINESS, R/O: A/P/R.S. NO.787/4, PLOT NO.16, RAMANAND NAGAR, R.K. NAGAR, TQ: KARVIR, DIST: KOLHAPUR, PIN-416013, (ONWER OF HONDA SHINE M/CYCLE, BEARING NO.MH-09/DE-3542).

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…RESPONDENTS

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(BY SRI. PRASHANT MATHAPATI, ADVOCATE FOR R1; R2-SERVED)

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THIS MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYS TO CALL FOR THE RECORDS CONNECTED WITH

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2 - NC: 2024:KHC-D:13772 MFA No. 101120 of 2023

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MVC NO. 2175/2021, PASSED IN THE COURT OF IV ADDITIONAL DISTRICT JUDGE AND MACT-V, BELAGAVI, AT:BELAGAVI, EXAMINE THE SAME AND SET ASIDE THE AWARD DATED 19.01.2023 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the insurance company challenging the quantum of compensation awarded in judgment dated 19.01.2023 passed in MVC No.2175/2021 on the file of learned IV Additional District Judge and MACT -V, Belagavi.

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The case of the claimant before the Tribunal is that on 30.10.2021, Smt. Shakuntala Kothavale was taking the cattle for grazing and at about 13:30 hours, when she was going by walk along with the cattle near Majali Phata on Kolhapur-Sangli High way, at that time, the rider of Honda Shine motorcycle bearing registration No.MH-09/DE3542 came from Kolhapur side in a high speed and in a rash and negligent manner and dashed to Smt. Shakuntala Kothavale and caused the accident. As a result of the accident, she

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3 - NC: 2024:KHC-D:13772 MFA No. 101120 of 2023

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sustained fatal injuries and was shifted to the hospital and she took treatment as an inpatient from 30.10.2021 to 02.11.2021 and she died on 02.11.2021. She was aged 56

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years and was doing coolie work and vending milk and earning Rs.15,000/- per month. Claimant No.1 is her husband and claimant No.2 is her son who are depending on her income. With this, they made a claim petition seeking compensation. The Tribunal after recording evidence and appreciating the evidence on record has awarded compensation as under:

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Sl. No.	Head of compensation	Amount in Rs.
1	Loss of dependency	11,88,000/-
2	Loss of consortium	40,000/-
3	Loss of estate	15,000/-
4	Funeral and obsequies expenses	15,000/-
5	Hospital and medical expenses	63,225/-
	TOTAL	12,58,000/-

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The totalling is wrong. The total compensation

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awarded by tribunal comes to Rs.13,21,225/-

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The insurance company challenging the said quantum of compensation has filed the present petition.

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4 - NC: 2024:KHC-D:13772 MFA No. 101120 of 2023

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Heard the learned counsel appearing for the appellant/insurance company and learned counsel for respondent No.1.

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Learned counsel for the appellant would contend that claimant No.1-husband of the deceased Smt. Shakuntala Kothavale died during the pendency of the petition and who remained as the claimant is the major son doing private service and considering the same, the Tribunal ought not to have awarded compensation towards loss of dependency. He further contended that as per the chart prepared by the Legal Services Authority, the notional income fixed for the year 2021 is at Rs.14,250/- and the Tribunal has erred in taking the income of the deceased at Rs.15,000/- per month. With this he prayed to allow the appeal.

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Learned counsel for respondent No.1 would contend that claimant No.1, who is the husband of deceased, died during the pendency of petition before the Tribunal and therefore, the legal representatives of claimant No.1 are

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5 - NC: 2024:KHC-D:13772 MFA No. 101120 of 2023

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entitled to the compensation which has to be awarded to claimant No.1. Claimant No.2 being the son of claimant No.1 and the deceased is entitled to the said compensation amount. He fairly conceded that the income of the deceased ought to have been taken as per the chart in a sum of Rs.14,250/- per month. He contends that the claimants being the husband and son of the deceased are entitled to consortium at Rs.40,000/- each. With this, he prayed to dismiss the appeal.

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Having heard the learned counsel, the Court has perused the impugned judgment and award and other material placed on record.

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It is not in dispute that the deceased Smt.Shakuntala Kothavale was aged 56 years at the time of the accident in the year 2021. Claimant No.1 is the husband and claimant No.2 is the son of deceased-Shakuntala Kothavale. Claimant No.1 died during the pendency of the petition on 14.02.2022. On the death of claimant No.1, claimant No.2 being the son of claimant No.1 became his legal heir. Apart from that, the Tribunal considering the

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6 - NC: 2024:KHC-D:13772 MFA No. 101120 of 2023

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evidence on record has held that claimant No.1 is having two daughters. Considering the said aspect, the Tribunal has rightly held that the claimants are entitled to compensation under the head loss of dependency. Since the dependents are two in number, deduction towards personal expenses is taken as 1/3rd. As per the chart prepared by the Legal Services Authority, notional income fixed for the year 2021 is Rs.14,250/- and the said income ought to have been taken by the Tribunal instead of Rs.15,000/per month. Considering the age of deceased as 56 years, future prospects has to be taken at 10% and multiplier applicable is

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In view of the above, loss of dependency is Rs.11,28,600/(Rs.14,250+1425=15,675/minus

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Rs.5,225/-(1/3)=Rs.10,450x12x9). The claimants are the husband and son of the deceased and therefore, they are entitled to consortium in a sum of Rs.40,000/- each i.e. Rs.80,000/-. A sum of Rs.15,000/- awarded towards funeral expenses, Rs.15,000/- awarded towards loss of estate and a sum of Rs.63,225/- awarded by the Tribunal towards medical

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7 - NC: 2024:KHC-D:13772 MFA No. 101120 of 2023

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expenses are just and proper. In view of the above, the claimants are entitled to compensation as under:

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Sl.	Heads	Amount in Rs.
No.
1	Loss of dependency	11,28,600/-
2	Loss of consortium	80,000/-
3	Loss of estate	15,000/-
4	Funeral expenses	15,000/-
5	Medical expenses	63,225/-
	TOTAL	13,01,825/-

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The claimants are entitled to total compensation of Rs.13,01,825/- as against Rs.13,21,225/- as awarded by the Tribunal.

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In view of the above, the following

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ORDER

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The appeal is allowed in part.

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The claimants are entitled to total compensation of Rs.13,01,825/- with interest at 6% per annum from the date of petition till realization. The appellant-insurance company shall deposit the entire compensation amount with interest within six weeks from the date of receipt of certified copy of the judgment. In view of death of claimant No1, claimant No.2 is entitled to release of entire compensation amount.

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8 - NC: 2024:KHC-D:13772 MFA No. 101120 of 2023

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The judgment and award dated 19.01.2023 passed in MVC No.2175/2021 on the file of learned IV Additional District Judge and MACT -V, Belagavi, is modified to the above extent.

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Registry is directed to transmit the amount in deposit

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to the Tribunal concerned.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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Kmv

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CT:ANB

United India Insurance Co., Ltd., v. Sri Ganpathi W/O Chhayapa Kothawale

Case brief

What is this about?

What did the court decide?

United India Insurance Co., Ltd., v. Sri Ganpathi W/O Chhayapa Kothawale

Case brief

What is this about?

What did the court decide?

What the court decided

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