Partly allowed

Smt. Shoba Mallik @ Shobha Anil v. the Managing Director

Karnataka HC28 Nov 2024MFA/2707/2023

Case brief

AI extract

What is this about?

Claimants appealed for enhancement of compensation in a fatal motor vehicle accident claim where liability was undisputed. The court fixed notional income at Rs.4,500 per month, added future prospects, recalculated dependency and conventional heads, and awarded total compensation of Rs.9,71,400, enhancing it by Rs.4,11,400.

What did the court decide?

Enhanced compensation of Rs.4,11,400/- with 6% interest from date of petition till realization, in addition to Tribunal award; no interest for 3832 days' delay in filing appeal.

Smt. Shoba Mallik @ Shobha Anil Vs the Managing… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:48944 MFA No. 2707 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2707 OF 2023(MV-D)

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BETWEEN:

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SMT. SHOBA MALLIK @ SHOBHA ANIL, W/O LATE ANIL MALLIK @ AMULYA MALLIK, AGED ABOUT 44 YEARS.

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RAJESH

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S/O LATE ANIL MALLIK @ AMULYA MALLIK, AGED ABOUT 27 YEARS.

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RAVI

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S/O LATE ANIL MALLIK @ AMULYA MALLIK, AGED ABOUT 25 YEARS.

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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ALL ARE RESIDING AT KOPPA GATE, ANEKAL TALUK, NOW R/AT NO 3, 3^RD CROSS, CHOLANAYAKANAHALLI, HEBBAL BENGALURU 560 069

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…APPELLANTS

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(BY SRI. GURUDEV PRASAD K.T., ADVOCATE)

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AND:

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THE MANAGING DIRECTOR KSRTC CENTRAL OFFICE, K.H. ROAD, SHANTHINAGARA, BENGALURU

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…RESPONDENT

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(BY SMT. SUMANGALA A SWAMY, ADVOCATE)

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2 - NC: 2024:KHC:48944 MFA No. 2707 of 2023

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.08.2010 PASSED IN MVC NO.4945/2009 ON THE FILE OF THE II ADDITIONAL JUDGE, COURT OF SMALL CUASES, BENGALURU, SCCH-13 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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This appeal is filed by the appellants/claimants seeking for enhancement of compensation by challenging the judgment and award dated 04.08.2010 in MVC No.4945/2009 passed by the Motor Vehicles Accident Claims Tribunal, Bangalore.

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The factum of accident, death of deceased in the accident and liability of the Insurance Company are not in dispute. The grievance of the claimants is with regard to assessment of quantum of compensation.

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The Tribunal has awarded the compensation under various heads as follows:

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NC: 2024:KHC:48944 MFA No. 2707 of 2023

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Loss of dependency	Rs.5,12,000/-
Loss of consortium	Rs. 10,000/-
Loss of Estate	Rs. 10,000/-
Loss of love and affection	Rs. 20,000/-
Transportation of dead body and funeral expenses	Rs. 8,000/-
Total	Rs.5,60,000/-

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It is stated that the deceased was aged 35 years and was working in Hallow Block Factory and was earning Rs.8,000/- per month. No evidence was produced by the claimants to show that deceased was getting salary of Rs.8,000/- per month. Therefore, notional income has to be taken into consideration. As the accident is of the year 2008, it is just and proper to take the notional income of the deceased as Rs.4,500/- per month.

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The deceased was 35 years old as on the date of accident and therefore, appropriate multiplier is 16.

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The Tribunal has not added income towards future prospects in life for the reason that the claimants have not

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4 - NC: 2024:KHC:48944 MFA No. 2707 of 2023

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produced any proof regarding income of the deceased. This observation of the Tribunal is not correct.

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As per the decision in National Insurance Co. Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 , 40% of monthly income of deceased is added towards ‘Loss of Future Prospects in Life’, i.e., Rs.1,800/- (Rs.4,500/- x 40%). Therefore, the monthly income of the deceased is taken as Rs.6,300/- (Rs.4,500/- + Rs.1,800/-). The deceased was married and had three dependents. Therefore, 1/3^rd of the income is deducted towards his personal and living expenses. Therefore, the compensation under the head ‘Loss of Dependency’ is recalculated and quantified as follows:

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Rs.6,300 x 2/3^rd x 16 x 12 = Rs.8,06,400/-

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The claimants are the wife and children of the deceased. As per Magma General Insurance Company Limited v. Nanu Ram and Others, reported in 2018 ACJ 2782, Rs.40,000/- is to be awarded under the head 'loss of consortium'. As per the dictum of Hon'ble Apex Court in the case of Rasmita Biswal vs. Div. Manager, National Insurance Co., Ltd., reported in AIR 2022 SC 85, for every

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5 - NC: 2024:KHC:48944 MFA No. 2707 of 2023

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three years 10% income is to be raised. Therefore, a sum of Rs.44,000/- each is awarded under the head 'loss of consortium'. Accordingly, a sum of Rs.1,32,000/- is awarded under the head 'loss of consortium'.

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The Tribunal has granted a sum of Rs.8,000/towards 'Funeral expenses' and Rs.10,000/- towards ‘Loss of estate’. It is just and reasonable to award a sum of Rs.16,500/- each under the head ‘Transportation of dead body, funeral expenses, etc.,’ and 'Loss of estate'.

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Therefore, the appellants are entitled to the enhanced compensation as follows:

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1	Loss of dependency	Rs.8,06,400/-
2	Transportation of dead body and funeral expenses	Rs.16,500/-
3	Loss of Estate	Rs.16,500/-
4	Towards Filial Love/loss of consortium	Rs.1,32,000/-
	Total	Rs.9,71,400/-

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The appellants-claimants are entitled for a total enhanced compensation of Rs.9,71,400/- as against

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Rs.5,60,000/- awarded by the Tribunal. Hence, the appellants are entitled for an additional Compensation of Rs.4,11,400/(Rs.9,71,400 - Rs.5,60,000), along with interest at the rate

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of 6% per annum from the date of petition till the date of realization.

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Accordingly, I pass the following:-

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ORDER

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i. The allowed in-part.

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ii. The judgment and award dated 04.08.2010, passed in MVC No.4945/2009, on the file of Motor Accident Claims Tribunal, Bangalore, is modified to the above extent.

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iii. The appellants are entitled to an enhanced compensation of Rs.4,11,400/- (Rs.9,71,400 - Rs.5,60,000) along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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NC: 2024:KHC:48944 MFA No. 2707 of 2023

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