Allowed

Sri. Sadiq Pasha @ Sadiq Khan v. the Manager

Karnataka HC14 Oct 2024MFA/9846/2018

Case brief

AI extract

What is this about?

Claimants sought enhancement of motor accident compensation of Rs.9,05,209/- awarded by the MACT. The High Court recomputed loss of dependency using KSLSA notional income of Rs.8,500/- with 40% future prospects and conventional heads, enhancing total compensation to Rs.17,99,832/- with 6% interest.

What did the court decide?

Compensation enhanced from Rs.9,05,209/- to Rs.17,99,832/- with interest at 6% p.a.; other aspects of award undisturbed.

Sri. Sadiq Pasha @ Sadiq Khan Vs the Manager — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:41327 MFA No. 9846 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 9846 OF 2018

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(MV-D)

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BETWEEN:

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SRI. SADIQ PASHA @ SADIQ KHAN S/O SHAFIULLA KHAN

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SINCE DECEASED BY HIS LRS .,

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MRS FAMEEDA

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W/O LATE SHAFIULLA KHAN AGE 46 YEARS,

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OCC: HOUSEWIFE

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THASEENA

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D/O LATE SHAFIULLA KHAN AGE 27 YEARS, OCC: HOUSE WIFE

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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ASEEF PASHA @ ASEEF S/O LATE SHAFIULLA KHAN AGE 23 YEARS

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ALL ARE RESIDING AT NO.59, 1^ST MAIN ROAD, 1^ST CROSS, VALMIKINAGARA CHAMRAJPET, BENGALURU-26

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…APPELLANTS

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(BY SRI. SURESH M LATUR., ADVOCATE (VC))

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AND:

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THE MANAGER KSRTC, K H ROAD, SHANTHINAGAR, BENGALURU-560027.

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NC: 2024:KHC:41327 MFA No. 9846 of 2018

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TAJMULLA PASHA S/O AZAMUDDIN MAJOR NO.7, 5^TH CROSS, SIDDHARTHANAGAR T.C.M. ROYAN ROAD MYSORE ROAD BENGALURU-560056.

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3. THE MANAGER

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ICICI LOMBARD GENERAL INS CO LTD NO.86, SVR COMPLEX, HOSURU MAIN ROAD, MADIVALA BENGALURU-560068

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…RESPONDENTS

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(BY SRI. H.R.RENUKA., ADVOCATE FOR R-1; SRI.P.S.JAGADISH., ADVOCATE FOR R-3; NOTICE TO R-2 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.06.2018 PASSED IN MVC NO.1455/2014 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU [SCCH-11] PARTLY, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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NC: 2024:KHC:41327 MFA No. 9846 of 2018

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ORAL JUDGMENT

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The claimants are in appeal seeking enhancement of compensation awarded by the Tribunal.

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The Tribunal has awarded a sum of Rs.9,05,209/- by taking the income notionally at Rs.5,000/-. Since there is no evidence of the actual income of the deceased and since the accident is of the year 2014, it would be appropriate to adopt the notional income determined by the Karnataka State Legal Services Authority, which would be Rs.8,500/-. Since the deceased was aged 26 – 30 years as on the date of accident, future prospects of 40% is to be added and 1/3^rd is required to be deducted towards personal expenses. Then the loss of dependency will be:

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Rs.8,500 + Rs.3,400/(40%) = Rs.11,900/Rs.3,967/(1/3^rd ) = Rs.7,933/X 12 X 17 =

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Rs.16,18,332/- .

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4 - NC: 2024:KHC:41327 MFA No. 9846 of 2018

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The claimants would also be entitled to Rs.48,400/-

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each towards loss of love and affection which would be Rs.1,45,200/- (Rs.48,400/- X 3).

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The claimants would also be entitled to Rs.36,300/under the conventional heads.

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Thus, the claimants would be entitled to a sum of Rs.17,99,832/- as compensation as against Rs.9,05,209/along with interest at the rate of 6% p.a.

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The other aspects of the award remain undisturbed.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 10

Sri. Sadiq Pasha @ Sadiq Khan v. the Manager

Case brief

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Sri. Sadiq Pasha @ Sadiq Khan v. the Manager

Case brief

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