Rathnavathi Vs Vijesh Kumar

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 08.02.2023 PASSED IN MVC NO.260/2022 BY THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, UDUPI, TO THE EXTENT OF DISALLOWED CLAIM AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION, IN THE INTEREST OF JUSTICE.

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

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE T.M.NADAF)

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On a short point, this appeal is by the claimants calling in question the judgment and award dated 08.02.2023, in MVC No.260/2022, passed by the Senior Civil Judge and ACJM at Karkala, Udupi (for short ‘Tribunal’), seeking for enhancement.

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The date of accident, involvement of the vehicle, death of one Sri.Chandrashekara Madivala and the liability to pay the compensation are not in dispute. The only dispute is with regard to nonconsideration of correct income that has resulted in inadequate compensation under the head ‘loss of dependency’.

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Heard Ms.Swathi, the learned counsel for Sri.H.Pavana Chandra Shetty, who is on record for

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NC: 2025:KHC:42731-DB MFA No. 6156 of 2023

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HC-KAR

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the appellants, and Sri.S.V.Hegde Mulkand, learned counsel appearing for respondent No.2. Vide order dated 22.04.2024, Notice of this appeal on respondent No.1 is dispensed with.

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Ms.Swathi Hegde, taking this Court

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through the impugned judgment and award passed by the Tribunal, would contend that the date of accident was 26.01.2022. As per the chart prepared by the Karnataka State Legal Services Authority, Bengaluru (for short ‘ KSLSA ’), income fixed insofar as the ‘unskilled laborers’ for the year 2022 is Rs.15,500/- p.m. The Tribunal has taken the monthly income at Rs.14,750/- which is against the income fixed in the Chart. In these circumstances, the compensation awarded by the Tribunal under the head ‘loss of dependency’ requires reconsideration.

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Sri.S.V.Mulkand, is not in disagreement

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regarding the income under the chart, but contended that in view of failure to produce the proof of income,

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HC-KAR

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the Tribunal has considered the income at Rs.14,750/- considering the age of the deceased as on the date of the accident. In these circumstances, he submits that the compensation awarded by the Tribunal does not call for any interference.

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Having heard the learned counsels for the parties, the point that arises for our consideration is:

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“Whether the compensation awarded by the Tribunal befits the expression ‘just compensation?”

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Our answer to the above point for consideration is ‘partly in the affirmative’ for the following reason:

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It is not in dispute that as per the chart the income fixed for the year 2022 is Rs.15,500/p.m., with respect to ‘unskilled labourer’. Admittedly, the accident has occurred on 26.01.2022, the Tribunal in the absence of proof of income must have considered the income fixed under the chart i.e.,

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HC-KAR

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Rs.15,500/-. In the said circumstances, the monthly income considered by the Tribunal requires reconsideration. The Tribunal has considered appropriate multiplier, so also additional 10% towards ‘future prospects’ considering the age of the deceased being 59 years as on the date of accident, which is just and proper, taking 1/4^th as deduction towards dependants. On re-determination, the loss of dependency, works out to:

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MonthlyIncome		15,500
Addition towards Future
Prospects	10%	17,050
Monthly Income + Future
Prospects		32,550
Annual Income		3,90,600
Deduction Towards personal expenses	3/4	2,92,950
Multiplier and [After Deduction towards personal Expenses]		2,92,950
Multiplier	9
Loss of Dependency		13,81,050/-

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Thus, in all, the appellant/claimant is entitled for total compensation on re-determination under various heads as follows:

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HC-KAR

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Sl. No.	Particulars		By Tribunal	Re-determined
1	Loss of Estate	Rs.	16,500/-	16,500/-
2	Funeral and Transportation Expenses	Rs.	16,500/-	16,500/-
3	Loss of Filial Consortium	Rs.	1,76,000/-	1,76,000/-
4	Loss of Dependency (Rs.15,500 + 10 % x 12 x 9 x 3/4)	Rs.	13,14,250/-	13,81,050/-
	TOTAL	Rs.	15,23,250/-	15,90,050/-
	ROUNDED OFF			15,90,100/-
	ENHANCEMENT	Rs.		66,850/-

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The total compensation re-determined by this Court works out to Rs.15,90,050/- ( rounded off to Rs.15,90,100/- ) as against Rs.15,23,250/awarded by the Tribunal. The appellants – claimants are entitled for an enhanced compensation of Rs.66,850/- (Rs.15,90,100/- – Rs.15,23,250/-)

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along with interest at the rate of 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. Respondent No.2 – Insurance Company is directed to deposit the enhanced compensation before the Tribunal within 8 weeks from today.

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HC-KAR

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10. Accordingly, for the foregoing reasons, we 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 judgment and award dated 08.02.2023, in MVC No.260/2022, passed by the Senior Civil Judge and ACJM at Karkala, Udupi is modified;

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iii) The appellants – claimants are entitled for an additional compensation of Rs.66,850/(Rs.15,90,100/– Rs.15,23,250/-) along with interest at the rate of 6% per annum from the date of filing of the petition till realization.

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iv) The enhanced compensation amount along with accrued interest supra shall be deposited by the respondent No.2 – Insurance Company, within 8 weeks

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