Partly allowed

Mrs Chandravathi v. Mr Abu Saleha

Karnataka HC5 Aug 2024MFA/6371/2014

Case brief

AI extract

What is this about?

Dependents of a man who died when a lorry hit his auto-rickshaw sought enhancement of motor accident compensation. Recomputing notional income, future prospects, deduction, conventional heads and vehicle damages, the High Court enhanced compensation to Rs.1,78,000 over the Tribunal award with interest.

What did the court decide?

Enhanced compensation of Rs.1,78,000 with 6% interest from date of petition till deposit; Insurance Company directed to deposit within eight weeks.

Mrs Chandravathi Vs Mr Abu Saleha — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:30894 MFA No. 6371 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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MISCELLANEOUS FIRST APPEAL NO. 6371 OF 2014 (MV-I)

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BETWEEN:

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MRS CHANDRAVATHI W/O LATE HARISH DEVADIGA @ HARISH, AGED ABOUT 35 YEARS, RESIDING AT SHRINIKETHANAN, ATHREBAILU, KAVOOR KUNJATHBAIL, MANAGALORE TALUK, D.K.

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MASTER NIKHIL

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S/O LATE HARISH DEVADIGA @ HARISH, AGED ABOUT 6 YEARS, REPRESENTED BY HIS NEXT FRIEND NATURAL GUARDIAN MOTHER-APPELLATE NO.1.

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…APPELLANTS

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(BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE)

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Digitally signed by PRAJWAL A Location: HIGH COURT OF KARNATAKA

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AND:

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MR ABU SALEHA S/O KHADAR SAHIB, R/O H NO.37, 2^ND CROSS, MUNESHWAR TEMPLE STREET, H.M.ROAD, KARIYANAN PALYA, ST. THOMAS TOWN POST, BANGALORE.

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NATIONAL INSURANCE CO. LTD., 3 MIDDLETON STREET, POST BOX NO.9229,KOLKATTA, REPRESENTED BY DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD.

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NC: 2024:KHC:30894 MFA No. 6371 of 2014

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BHARAT BUILDING, 2^ND FLOOR,

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P M ROAD, MANGALORE, D.K.-575 003.

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…RESPONDENTS

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(BY SRI.ASHOK N.PATIL, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH V/O/DATED 21.01.2015)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.06.2014 PASSED IN MVC NO.1219/2012 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT, D.K, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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ORAL JUDGMENT

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Though this appeal is listed for admission, by consent of learned counsel for both the parties, the matter is taken up for disposal.

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Appellants, in this appeal, are seeking enhancement of compensation against the award dated 26.06.2014 in MVC.No.1219/2012 by IV Additional District Judge & Member, MACT, Mangalore (in short 'the Tribunal').

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3 - NC: 2024:KHC:30894 MFA No. 6371 of 2014

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The Tribunal has awarded Rs.8,64,300/- with 6% interest and the same was satisfied by the Insurance Company. The only issue is with regard to the enhancement.

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For the sake of convenience, rank of the parties will be referred to as per their status before the Tribunal.

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Brief facts of the case are, on 17.06.2012 at about 5:15 P.M., while Harish Devadiga was travelling in his Auto Rickshaw at NH.48 (Bangalore-Mangalore Road), a Lorry bearing Registration No.KA-03-D-8794 dashed against the Auto Rickshaw causing him grievous injuries. He died on the way to hospital. Petitioners being the dependents of the deceased have approached the Tribunal for grant of compensation of Rs.20,00,000/-. The Tribunal, after taking evidence and on hearing both the parties, by the impugned judgment and award allowed the claim petition in MVC No. 1219/2012 awarding the compensation. Pleading inadequacy and seeking enhancement of compensation, the petitioners are before this court.

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4 - NC: 2024:KHC:30894 MFA No. 6371 of 2014

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The Tribunal has awarded a compensation as follows:

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SL.NO.	PARTICULARS	AMOUNT
1.	Loss of dependency	Rs.6,93,000/-
2.	Loss of love and affection	Rs.50,000/-
3.	Loss of Estate	Rs.50,000/-
4.	Loss of consortium	Rs.50,000/-
5.	Towards Funeral and obsequies	Rs.15,000/-
6.	Damages of Auto rickshaw	Rs.6,000/-
	TOTAL	Rs.8,64,300/-

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The material on record would point out that at the time of accident, the deceased was aged 49 years and the applicable multiplier is ‘13’. In the year 2014, a person with no proof of income not less than Rs.7,000/- whereas the Tribunal has taken notional income of Rs.5,000/- per month. Therefore, notional income of the deceased Harish Devadiga is taken at Rs.7,000/per month.

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In a case of this nature the principle of assessing compensation has been settled in National Insurance Company Limited Vs. Pranay Sethi and others¹ , Sarla Verma (Smt) & Others Vs. Delhi Transport

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1 (2017) 16 SCC 680

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5 - NC: 2024:KHC:30894 MFA No. 6371 of 2014

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Corporation & another² and Magma General Insurance Company Limited V/s. Nanu Ram and Others³ .

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Since the deceased was aged less than 50 years, 25% has to be added as future prospects. The deceased has left behind two dependants. Hence 1/3^rd has to be deducted towards personal expenses. Conventional head has to be considered at 10% appreciation as accident is ten years old. The Tribunal has awarded Rs.6,000/- towards damages to the Auto whereas the evidence speaks that the Surveyor, who examined the damaged Auto estimated the damages at Rs.21,000/-. It is also forthcoming that the Auto was sold for Rs.10,000/-. Therefore, the difference amount i.e., Rs.11,000/- has to be awarded instead of Rs.6,000/-. Towards consortium and loss of love and affection-Rs.40,000/each. Towards funeral expenses and loss of Estate-Rs.15,000/- each is assessed. Loss of dependency works out to Rs.7,000+1,750 (7,00025%) =Rs.8,750; Rs.8,750-1/3^rd = Rs.5,83412*13 = Rs.9,10,104/-.

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Thus, the petitioner is entitled to the following compensation:

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2 (2009)6 SCC 121

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3 (2018)18 SCC 130

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6 - NC: 2024:KHC:30894 MFA No. 6371 of 2014

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SL. NO.	PARTICULARS	AMOUNT
1.	Loss of dependency	Rs.9,10,104/-
2.	Conventional head	Rs.11,000/-
3.	Loss of Estate	Rs.15,000/-
4.	Loss of consortium	Rs.80,000/-
5.	Towards Funeral and obsequies	Rs.15,000/-
6.	Damages of Auto rickshaw	Rs.11,000/-
	TOTAL	Rs.10,42,104/-
Les	s: Compensation awarded by the Tribunal	Rs.8,64,300/-
E	nhanced compensation	Rs.1,77,804/-

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Therefore, total compensation works out to Rs.10,31,104/as against Rs.8,64,300/awarded by the Tribunal.

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The enhanced compensation works out to Rs.1,77,804/- rounded off to Rs.1,78,000/-. It is the just compensation the petitioner is entitled to under the facts and circumstances of the case. The appeal merits consideration, in the result, the following:

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ORDER

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(i) The appeal is allowed in part;

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(ii) The impugned judgment and award is modified;

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(iii) The Petitioner would be is entitled for enhanced

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compensation of Rs.1,78,000/- with interest at

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7 - NC: 2024:KHC:30894 MFA No. 6371 of 2014

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the rate of 6% per annum from the date of petition till the date of deposit;

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(iv) Insurance Company shall deposit the said amount with interest within a period of eight weeks from the date of receipt of a certified copy of the judgment; and

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(v) The amount in deposit, if any, shall be transmitted to the Tribunal for disbursal in terms of apportionment.

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SD/(T.G. SHIVASHANKARE GOWDA) JUDGE

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List No.: 1 Sl No.: 4

Mrs Chandravathi v. Mr Abu Saleha

Case brief

What is this about?

What did the court decide?

Mrs Chandravathi v. Mr Abu Saleha

Case brief

What is this about?

What did the court decide?

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