Sri Ahmed Shariff Vs Sri G L Govindappa

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.01.2023 PASSED IN MVC No.174/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the appellants/claimants

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seeking enhancement of compensation awarded in judgment and award dated 11.01.2023 passed in MVC No.174/2018 by the Senior Civil Judge and MACT, Kadur.

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3 - NC: 2026:KHC:36444 MFA No. 2430 of 2023

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HC-KAR

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CNR: KAHC010190392023

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Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2/Corporation.

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The appellants/claimants made a claim petition praying to award compensation for the death of Dastagir (son of claimant Nos.1 and 2) in a road traffic accident occurred on 24.08.2017 contending that the accident occurred due to rash and negligent driving of driver of KSRTC Bus bearing Regn.No.KA-17/F-1438. The deceased who sustained injuries in the accident was admitted in the hospital and he died on 20.09.2017. The Tribunal after recording the evidence, appreciating the evidence on record, assessed the compensation and awarded

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compensation under various heads as under:

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Sl.No.	Heads	Amount in (Rs.)
01.	Loss of dependency	15,70,800.00
02.	Medical expenses and	30,500.00
	conveyance charges
03.	Food and attendant charges	25,000.00
04.	Funeral expenses	15,000.00

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NC: 2026:KHC:36444 MFA No. 2430 of 2023

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HC-KAR

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CNR: KAHC010190392023

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05.	Transportation of dead body	5,000.00
06.	Loss of consortium	80,000.00
	Total	17,26,300.00

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The Tribunal also awarded interest @ 7% p.a.

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from the date of petition till realization and directed respondent No.2/Corporation to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. Claimant No.2 died and Appellant Nos.2 and 3 are the LRs of claimant No.2.

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Heard learned counsel for the appellants and learned counsel for respondent No.2/Corporation.

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Learned counsel for appellants would contend that

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Tribunal has not awarded loss of estate.

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Learned counsel for respondent

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No.2/Corporation would contend that Tribunal has awarded funeral expenses in a sum of Rs.15,000/- and separately awarded Rs.5,000/- for transportation of dead body.

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NC: 2026:KHC:36444 MFA No. 2430 of 2023

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5 -

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HC-KAR

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CNR: KAHC010190392023

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Having heard the learned counsels, the Court has perused the judgment and award.

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The date of accident is 24.08.2017, deceased sustained injuries in the said accident, he has been admitted in the hospital and he died on 20.09.2017. The claimant was aged 27 years. The Tribunal has taken the notional income at Rs.11,000/- p.m. and deducted 50% towards personal expenses of the deceased since he was Bachelor and added 40% towards future prospects and applied multiplier ‘17’. Considering the said aspect, the Tribunal has rightly awarded loss of dependency. Considering the evidence on record the Tribunal has rightly awarded medical expenses and consortium. The deceased was admitted in the hospital for 27 days and therefore, claimants are entitled to attendant and conveyance charges in a sum of Rs.27,000/- (Rs.1,000 x 27 days) as against Rs.25,000/- awarded by the Tribunal. The Tribunal has rightly awarded funeral expenses in a sum of Rs.15,000/- and it includes transportation of dead

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6 - NC: 2026:KHC:36444 MFA No. 2430 of 2023

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HC-KAR

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CNR: KAHC010190392023

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body. The Tribunal has separately has awarded Rs.5,000/- towards transportation of dead body and claimants are not entitled to the same separately. The Tribunal has not awarded loss of estate and therefore, the claimants are entitled to a sum of Rs.15,000/-.

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Considering the above aspects, the claimants are entitled to enhanced compensation in a sum of Rs.12,000/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/Corporation is liable to pay the said enhanced compensation with interest.

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In view of the above, the following:

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ORDER

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i) The appeal is allowed in part .

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ii) The appellants/claimants are entitled to enhanced compensation of Rs.12,000/- with interest @ 6% p.a. from the date of petition till realization.

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HC-KAR

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NC: 2026:KHC:36444 MFA No. 2430 of 2023

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CNR: KAHC010190392023

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iii) Respondent No.2/Corporation shall deposit the enhanced amount with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment of enhanced compensation amount.

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iv) Claimants are entitled to release of entire enhanced compensation.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB List No.: 1 Sl No.: 33

Sri Ahmed Shariff v. Sri G L Govindappa

Case brief

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Sri Ahmed Shariff v. Sri G L Govindappa

Case brief

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