Partly allowed

Bharathi v. Shaikh Nasruddin

Karnataka HC22 Mar 2024MFA/4002/2018

Case brief

AI extract

What is this about?

Claimant appeal seeking enhancement of motor accident death compensation awarded by the Tribunal. The High Court recomputed income excluding non-statutory deductions, added 25% future prospects and higher consortium/funeral/legal amounts, raising total from Rs.22,75,228 to Rs.33,28,000.

What did the court decide?

Compensation enhanced from Rs.22,75,228 to Rs.33,28,000 with 6% interest; tribunal apportionment retained; deposit within eight weeks without security

Bharathi Vs Shaikh Nasruddin — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:12091 MFA No. 4002 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4002 OF 2018

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(MV-D)

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BETWEEN:

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BHARATHI

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W/O SHANKARAPPA @ SHANKAR M

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AGED ABOUT 46 YEARS,

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DEEPAK KUMAR S

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S/O SHANKARAPPA @ SHANKAR M

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AGED ABOUT 24 YEARS,

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DEERAJ KUMAR S

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S/O SHANKARAPPA @ SHANKAR M

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AGED ABOUT 21 YEARS,

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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ALL ARE R/AT NO.29, JAMBUSAVARIDINNE VADDARAPALYA BANGALORE SOUTH, J P NAGARA BANGALORE-560078

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SHARADAMMA W/O MUNIVENKATAPPA

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AGED ABOUT 71 YEARS,

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MUNIVENKATAPPA

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S/O LATE THESHAPPA @ SHESHAPPA AGED ABOUT 82 YEARS,

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BOTH ARE R/AT KALLIPALYA, GUDEMARANAHALLI SOLUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT

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…APPELLANTS

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2 - NC: 2024:KHC:12091 MFA No. 4002 of 2018

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(BY SRI. SATHEESH H.K. FOR SRI. BOPANNA B.,ADVOCATE)

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AND:

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SHAIKH NASRUDDIN S/O SHAIK ALLABAKSHA AGED MAJOR NO.6, DODDABETTAHALLI VIDYARANYAPURA BENGALURU-560097 (OWNER OF VEHICLE BEARING NO.KL-44-8201)

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PRASANTH PERUMOHERY MODOM ELAMBAKAPPILLY VENGOOR PERUBAVOOR ERNAKULAM KERALA (INSURED) -683544

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THE MANAGER UNITED INDIA INSURANCE CO LTD E8, MUNICIPAL VETEGABLE MARKET SHOPPING COMPLEX, AM ROAD, PERUMBAVOOR ERNAKULAM KERALA-683542 POLICY NO.1011033114P 110186264 VALID FROM 21.02.2015 TO 20.02.2016)

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THE REGIONAM MANAGER UNITED INDIA INSURANCE CO LTD REGIONAL OFFICE, MOTOR THIRD PARTY CLAIMS HUB, 5TH AND 6TH FLOOR, KRISHI BHAVAN HUDSON CIRCLE, BENGALURU-560 001

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…RESPONDENTS

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(BY R1 & R2 SERVED AND UNREPRESENTED; SRI. B.C. SEETHARAMA RAO.,ADVOCATE FOR R3 & R4)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED28.04.2017 PASSED IN MVC NO.1998/2016 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE & 19TH ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR

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3 - NC: 2024:KHC:12091 MFA No. 4002 of 2018

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COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Aggrieved by the award dated 28.04.2017,

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passed in MVC No.1998/2016, by the XXI Additional Small

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Causes Judge And MACT, Bengaluru, the claimant is before this Court seeking enhancement of the compensation.

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The case of the claimant is that on 18.02.2016 at about 2.15 p.m., when the deceased was riding the motor cycle, the driver of the Tata Ace insured with respondent No.4 drove it rash and negligently and dashed against two-wheeler as a result of which the deceased Shankar M. @ Shankarappa fell down and sustained injuries and thereafter succumbed to the injuries. According to the claimants, they are the wife, two children, mother and the father of the deceased. It is the case of the claimant that the deceased was earning an amount of Rs.24,000/- p.m., and was aged 48 years. The

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4 - NC: 2024:KHC:12091 MFA No. 4002 of 2018

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court below had deducted travel allowance and medical allowance had taken the salary at Rs.17,950/- and granted

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compensation as per the table given below:

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	Heads		Co	mpensation Awarded
1.	Loss of Dependency	:	Rs.	21,00,228/-
2.	Loss of Consortium to petitioner No.1	:	Rs.	50,000/-
3.	Loss of love and affection to petitioner Nos.2 to 5	:	Rs.	1,00,000/-
4.	Transportation of Dead Body and Funeral Expenses	:	Rs.	25,000/-
	TOTAL	:	Rs.	22,75,228/-

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Learned counsel appearing for the

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appellant/claimant submits that except statutory

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deductions other amounts cannot be deducted. He further submits that except Rs.200 i.e., professional tax the other amounts ought not to have been deducted by the court below. He submits that the court below failed to grant 25% future prospects, which the claimants are entitled to and that even under other conventional heads also the amounts that were granted not a just and reasonable compensation.

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5 - NC: 2024:KHC:12091 MFA No. 4002 of 2018

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Learned counsel appearing for the

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respondent / insurance company submits that the court below basing on the evidence on record had rightly granted the compensation and no grounds are made out for enhancement of the compensation.

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Having heard the learned counsel on either

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side, perused the entire material on record. As per the certificate placed before the court below the income of the claimant is an amount of Rs.21,000/-. The deceased was paying an amount of Rs.200/- towards Professional Tax. The court below had deducted travel allowance and medical allowance which is not legal. Except the professional tax and the statutory dues no other allowances can be deducted. Hence, an amount of Rs.21,000/- is the monthly income, and an amount of Rs.200/- is deducted towards ‘professional tax’, his salary would be Rs.20,800/-, as he was 48 years old, 25% future prospects would be added which would come to Rs.5,200/. Then the salary of the deceased would be Rs.26,500/-,

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6 - NC: 2024:KHC:12091 MFA No. 4002 of 2018

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as there are five claimants 1/4^th has to be deducted towards personal expenses i.e., Rs.6,500/-, then his contribution to the family would be Rs.19,500. Hence the claimants are entitled for an amount of Rs.30,42,000/- (Rs.19,500 x 12 x 13) towards Loss of Dependency . Considering the fact that there are five claimants an amount of Rs.2,40,000/- (Rs.48,000 x 5) is awarded towards Loss of Consortium. Towards Funeral Expenses an amount of Rs.36,000/- is awarded.

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In the light of the law laid down by the Hon'ble

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Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER¹ , the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses .

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The claimant is therefore, entitled to the

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compensation under the following heads:

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Description		By Tribunal	By this Court
Loss of Dependency	Rs.	21,00,228/-	30,42,000/-
Loss of Consortium to 1^st	Rs.	50,000/-	2,40,000/-

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1 (2014) 11 SCC 178

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7 - NC: 2024:KHC:12091 MFA No. 4002 of 2018

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petitioner
Loss of Love and Affection to Petitioner Nos.2 to 5	Rs.	1,00,000/-	0
Transportation of dead body and Funeral Expenses	Rs.	25,000/-	36,000/-
Legal Expenses	Rs.	0	10,000/-
Total	Rs.	22,75,228/-	33,28,000/-
Enhancement		Rs.10,52,	772/-

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8. Accordingly, the appeal is partly allowed ,

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enhancing the compensation amount from Rs.22,75,228/-

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to Rs.33,28,000/- .

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i) The enhanced amount shall carry interest at 6% p.a., from the date of petition till the date of realization.

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ii) This court by an order dated 22.11.2023 has condoned delay of 269 days, on the condition that the claimant will not be entitled for the interest. Hence, the claimant will not be entitled for interest for the period of 269 days.

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iii) The apportionment made by the court below with regard to the compensation shall hold good.

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iv) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimants are entitled to withdraw the entire amount without furnishing any security.

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v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith

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without any delay.

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vi) No costs.

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NC: 2024:KHC:12091 MFA No. 4002 of 2018

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Pending miscellaneous petitions, if any, shall stand

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closed. Office is directed to delete the name of learned

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counsel Sri.Shivanne Gowda.

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SD/JUDGE

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JJ List No.: 1 Sl No.: 5

Bharathi v. Shaikh Nasruddin

Case brief

What is this about?

What did the court decide?

Bharathi v. Shaikh Nasruddin

Case brief

What is this about?

What did the court decide?

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