2024:KHC:14502 MFA No. 4216 of 2017 IN THE…
Compensation enhanced from Rs.2,48,400 to Rs.5,88,700 with 6% p.a. interest; insurer directed to deposit within 4 weeks; Tribunal's other conditions unaltered.
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NC: 2024:KHC:14502 MFA No. 4216 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 4216 OF 2017 (MV-D)
BETWEEN:
NAZIYA, AGED ABOUT 40 YEARS, D/O LATE GANGA POOJARTHI, R/AT AMBADEKALLU DARKAS, NITTE VILLAGE AND POST, KARKALA TALUK, UDUPI DISTRICT-574 110.
…APPELLANT
(BY MISS SWATI G HEGDE, ADVOCATE FOR SRI PAVANA CHANDRA SHETTY, ADVOCATE [PH])
AND:
Digitally signed by NANDINI R Location: High Court of Karnataka
AGED ABOUT 31 YEARS, S/O UMARABBA,
R/AT 1-217, JAVANARA KATTE, BELAPU POST AND VILLAGE, UDUPI TALUK & DIST.-576 101.
AGED ABOUT 43 YEARS, S/O YUSUF, R/AT DOOR NO.1-6E, DEVI NAGAR 1ST CROSS, 3RD CROSS ROAD, PARKALA, UDUPI TALUK & DIST.-576 101.
…RESPONDENTS
(BY SRI O MAHESH, ADVOCATE FOR R2; R1 & R3 NOTICE D/W V/O DATED 20.11.2018)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.01.2017 PASSED IN MVC NO.231/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FURTHER HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimant in MVC No.231/2016 assailing the quantum of the compensation awarded by the learned Senior Civil Judge and Addl. MACT, Karkala, dated 24-01-2017.
of green gross on her head. A Maruthi 800 car bearing Reg.No.KA.02.N.3429 came from Nitte side towards Karkala and dashed against the deceased Ganga Poojarthi, resulting in severe injuries to her; and she was shifted to Spandana Maternity and General Hospital, Karkala and later, she was shifted to Wenlock Hospital Mangalore; and where she succumbed to the injuries at 6.45 p.m. on the same day. It was stated that the deceased Ganga Poojarthi was earning Rs.15,000/- per month by rearing cows and selling milk and the petitioner
has spent huge amount towards obsequies and other rituals. It is stated that the petitioner, who is the daughter of the deceased Ganga is entitled for compensation.
NC: 2024:KHC:14502 MFA No. 4216 of 2017
compensation claimed by the petitioner. It further contended that the driver of the said Maruthi car was not having valid driving licence and the policy was issued by the Insurance Company with certain conditions and there was violation of conditions of the policy and therefore, the petitioner is not entitled for compensation. It was also alleged that the accident occurred due to the negligence on the part of the deceased, who abruptly came in the way of driver. Though the owner of the Maruthi 800 car was arrayed as a party, the insured was not the party before the Tribunal. Later, the said irregularity has been rectified by impleading the insured as a party respondent No.3. The
owner of the vehicle as well as the insured have not appeared before the Tribunal and therefore, they were placed exparte.
Policy, which came to be marked as Ex.R1 with consent of both the parties.
awarded the compensation of Rs.2,48,400/- to the petitioner fastening the liability on respondent No.2Insurance Company. The Tribunal had held that the notional income of the deceased-Ganga was Rs.3,000/per month and by adopting multiplier of '7' owing to the age of 65 years, it calculated the compensation by awarding nominal amounts towards loss of love and affection, funeral expenses and transportation charges.
compensation the petitioner is before this Court.
NC: 2024:KHC:14502 MFA No. 4216 of 2017
arguments by learned counsel appearing for the appellant and the arguments by the appearing parties were heard.
would submit that the Tribunal erred in assessing the notional income of the deceased at Rs.3,000/- per month since the accident had taken place on 20-11-2015. It is submitted that the compensation awarded by the Tribunal is abysmally low and therefore, there is a need to reassess the compensation.
in holding that the notional income has to be considered in assessing the compensation.
NC: 2024:KHC:14502 MFA No. 4216 of 2017
settlement of the motor vehicle accident claims before Lok Adalat prescribe the notional income for the year 2015 as Rs.9,000/- per month. In umpteen number of decisions, this Court has held that the guidelines issued by the KSLSA are in general consonance with the wages fixed under the Minimum Wages Act, and therefore, it would be proper to take into consideration the monthly notional income of the deceased as per the guidelines of the KSLSA. Therefore, the monthly notional income of the deceased is taken at Rs.9,000/- per month.
1 AIR 2017 SC 5157
calculated as Rs.9,000/- x 12 x 7 x 2/3 by adopting the multiplier of 7 and deducting 1/3rd towards the personal expenses of the deceased, which comes to Rs.5,04,000/-.
other (supra) states that there shall be an enhancement of 10% on the funeral expenses, conveyance and the loss of estate. Therefore, the petitioner is also entitled for a sum of Rs.48,400/- under the head of loss of love and affection for having lost her mother. The petitioner is also entitled for a sum of Rs.18,150/- each under the head of 'Funeral expenses' and 'loss of estate'. Hence, the petitioner is entitled for the total compensation of
Rs.5,88,700/- under the following heads:
| Loss of dependency | Rs.5,04,000/- |
|---|---|
| Loss of love and affection | Rs. 48,400/- |
| Loss of estate | Rs. 18,150/- |
| Funeral expenses | Rs. 18,150/- |
| Total | Rs.5,88,700/- |
to be allowed in part. Hence, the following:
NC: 2024:KHC:14502 MFA No. 4216 of 2017
ORDER
(ii) The impugned judgment and award passed by the Tribunal is modified holding that the petitioner is entitled for the total compensation of Rs.5,88,700/- instead of Rs.2,48,400/- along with interest at 6% p.a. from the date of petition till its realization.
(iv) The other conditions and apportionment as ordered by the Tribunal remain unaltered.
Sd/JUDGE
tsn* List No.: 1 Sl No.: 9
2 issues framed by the court
Whether the notional income of the deceased assessed by the Tribunal at Rs.3,000 per month was adequate for computing compensation in a fatal motor accident claim.
What total compensation the claimant was entitled to under the heads of dependency, love and affection, estate, and funeral expenses.
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi and othersApplied¶12
AIR 2017 SC 5157 · Who else cites this
1 provisions across 1 enactments
Naziya
Razak G
The Branch Manager, The United India Insurance Co. Ltd., Udupi Branch
Mohammed Thoufiq
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C M Joshi
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