Smt Jyoti W/O Fakirappa @ Sanjay Basarikatti Vs Shri Subhas S/O Mallesh Kedarkar @ Kedar.

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NC: 2025:KHC-D:271 MFA No. 101702 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101702 OF 2023 (MV-D)

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BETWEEN:

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SMT. JYOTI W/O. FAKIRAPPA @ SANJAY BASARIKATTI, AGE. 28 YEARS. OCC. HOUSEHOLD WORK, R/O. GUNDOLLI, TAL. KHANAPUR, DIST. BELAGAVI, PIN-591106.

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KUMARI SWATI D/O. FAKIRAPPA @ SANJAY BASARIKATTI, AGE. 10 YEARS, OCC. STUDENT, R/O. GUNDOLLI, TAL, KHANAPUR, DIST. BELAGAVI, PIN-591106.

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KUMARI SAIRAM S/O. FAKIRAPPA @ SANJAY BASARIKATTI, AGE. 8 YEARS, OCC. STUDENT, R/O. GUNDOLLI, TAL. KHANAPUR, DIST. BELAGAVI, PIN-591106.

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH

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Location: HIGH COURT OF KARNATAKA

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SMT. SUBHADRA W/O. MARUTI BASARIKATTI, AGE. 48 YEARS, OCC. STUDENT, R/O. GUNDOLLI, TAL. KHANAPUR, DIST. BELAGAVI, PIN-591106.

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SHRI MARUTI S/O. NARAYAN BASARIKATTI, AGE. 58 YEARS, OCC. NIL, R/O. GUNDOLLI, TAL. KHANAPUR, DIST. BELAGAVI, PIN-591106.

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KUMARI AMRUTA D/O. FAKIRAPPA BASARIKATTI, AGE. 11 YEARS, OCC. STUDENT, R/O. GUNDOLLI, TAL, KHANAPUR, DIST. BELAGAVI, PIN-591106. SINCE APPELLANT NOS. 2, 3

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NC: 2025:KHC-D:271 MFA No. 101702 of 2023

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AND 6 ARE MINORS R/BY THEIR M/G AND NATURAL MOTHER APPELLANT NO.1

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…APPELLANTS

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(BY SRI HANAMANT R.LATUR, ADVOCATE)

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AND:

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SHRI SUBHAS S/O. MALLESH KEDARKAR @ KEDAR, AGE. 36 YEARS, OCC. MASON MESTRI, R/O. VIDYA NAGAR, UMBRAJ, JAYBALAJI, TAL. KARAD, DIST. SATARA, PIN-415110, STATE MAHARASHTRA.

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THE ROYAL SUNDARAM ALLIANCE INSURANCE LTD., VISHRANTI BELARAM TOWER NO.2/319, RAJIV GANDHI SAFAI (CMA) KARAPAKKA, INSURANCE OFFICE, CHENNAI, II2/STC. THROUGH DIVISIONAL OFFICER, ROYAL SUNDRAM ALLIANCE INSURANCE CO. LTD., CLUB ROAD, BELAGAVI, PIN-590001.

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…RESPONDENTS

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(BY SRI M.Y. KATAGI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13.10.2022 PASSED IN MVC NO.642/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIM TRIBUNAL, KHANAPUR AND ETC.,

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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This appeal is filed under Section-173(1) of the Motor Vehicles Act 1988, by the appellants–claimants, calling in question the judgment and award dated 13.10.2022, passed in M.V.C.No.642/2017, on the file of the Senior Civil Judge and Addl. M.A.C.T, Khanapur (hereinafter referred to as ‘the Tribunal’ for brevity) seeking enhancement of compensation.

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Brief facts of the case are that on 22.12.2015 at about 03.15 p.m., when Fakirappa @ Sanjay Basarikatti was travelling in Maruti car bearing Reg.No.MH-50/A-0683 from Kakati to Belagavi then to Umbraj village and when he came near Vather village at that time, the driver of said car lost control and dashed to tractor bearing Reg.No.MH26/AP-4176 from back side and caused the accident. Due to the said accident, the deceased sustained grievous injuries and died on the spot. Therefore, the claim petition is filed under Section 166 of the M.V Act seeking for

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compensation. The Tribunal has allowed the petition in part and granted compensation of Rs.18,99,200/- along with interest at the rate of 6% per annum from the date of petition till its realization.

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On account of death of the deceased in the road accident, the claimants being wife, minor children and parents have claimed petition.

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Heard the arguments and perused the material placed before the Court.

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The compensation awarded by the Tribunal is as

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follows:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards loss of dependency.	18,29,200
2.	Towards funeral expenses.	15,000
3.	Loss of spousal consortium claimant-1	40,000
4.	Towards loss of estate.	15,000
	Total:	18,99,200

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In the present case, the deceased was aged

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27 years old as on the date of the accident. The accident occurred on 22.12.2015. The deceased was working as mason. Hence, the notional income of Rs.8,000/- per

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month taken by the tribunal is correct. The Tribunal has deducted 1/5^th of the income towards ‘personal expenses’ instead of 1/4^th . Further, the Tribunal has rightly added 40% of the income towards future prospects. Considering the age of the deceased, the Tribunal has rightly taken multiplier as 17. Therefore loss of dependency is re-assessed and quantified as under:

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Rs.8,000 + 40% minus 1/4^th x 17 x 12 = Rs.17,13,600/-

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The Tribunal has committed error in awarding compensation under the head ‘loss of consortium’ at Rs.40,000/-, which is on the lower side. Therefore, as per the judgment of the Hon’ble Apex Court in the cases of Magma General Insurance Co. Limited v. Nanu Ram & Others¹ and in the case of National Insurance Company Limited Vs. Pranay Sethi and others² , the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. There are totally six dependents i.e., wife, minor children and

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1 2018 ACJ 2782

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2 (2017) 16 SCC 680

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parents. Accordingly, Rs.2,64,000/- (Rs.40,000 x 6 +

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10%) is awarded under the head ‘loss of consortium’.

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Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral expenses’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded.

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Thus, in all the appellants/claimants are entitled for enhanced compensation as follows:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards loss of dependency	17,13,600
2.	Towards loss of consortium	2,64,000
3.	Towards loss of estate and transportation of dead body and funeral expenses.	33,000
	Total:	20,10,600

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Therefore, the appellants-claimants are entitled for total compensation of Rs.20,10,600/- along with interest at 6% per annum from the date of filing of the petition till realization, as against Rs.18,99,200/- awarded by the Tribunal. The Insurance Company is directed to

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NC: 2025:KHC-D:271 MFA No. 101702 of 2023

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deposit the amount of total compensation within eight weeks from the date of receipt of the certified copy of this judgment.

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In the result, I proceed to pass 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 dated 13.10.2022, passed in M.V.C.No.642/2017, on the file of Senior Civil Judge and Addl. MACT, Khanapur, is modified to the aforesaid extent.

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iii. The claimants are entitled for total compensation of Rs.20,10,600/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.18,99,200/- awarded by the tribunal.

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