Humbre Khali Kasim Vs Mahamood Diwan Sab Buckatigar

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED25.05.2016 PASSED IN MVC NO.1083/13 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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3 -

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NC: 2026:KHC:28802 MFA No. 8509 of 2016

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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Heard the arguments of learned counsel for both side.

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The Tribunal has passed a common award dated 25.05.2016 in MVC.No.1083/2013 and MVC.No.1095/2013. The present Miscellaneous First Appeal is filed against the award in MVC.No.1083/2013.

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The one Mr. Humbre Khali Hurais Kmail met with an accident on 12.03.2013 and died subsequently. His parents, brother and sister filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.8,79,280/- with interest at the rate of 6% per annum from the date of petition till realization.

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Aggrieved by the said order, parents, brother and sister of deceased have preferred this appeal and mainly contented that, at the time of accident, Mr. Humbre Khali Hurais Kmail was aged about 16 years. He was studying II year PUC. They spent Rs.1,00,000/- for transportation of dead body

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4 - NC: 2026:KHC:28802 MFA No. 8509 of 2016

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HC-KAR

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and funeral expenses, but the Tribunal granted only Rs.20,000/-. Thus, the appellants are requested for enhancement of compensation.

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Mr. Humbre Khali Hurais Kmail was aged about 16 years and he met with an accident in the year 2013. Therefore, this Court finds that it is just and reasonable to take the notional income as Rs.8,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. As he was aged 16 years, the relevant multiplier is '18' and he is entitled for 40% towards Future Prospects. As he was a bachelor, 50% is to be deducted towards personal expenses. Therefore, loss of dependency comes to Rs.8,000/- + 40% X 12 X 18 - 50% = Rs.12,09,600/-. Hence, appellant Nos.1 and 2 are parents, they are entitled for an amount of Rs.40,000/- by each of them towards Filial Consortium. Appellant Nos.3 and 4 are brother and sister, they are dependent on appellant No.1, and not on the deceased. Therefore, they are not entitled for consortium. All of them are entitled for Rs.30,000/- under conventional Heads.

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5 - NC: 2026:KHC:28802 MFA No. 8509 of 2016

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HC-KAR

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Thus in all, compensation awarded by this Court is as

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below:

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Particulars	Amount in Rs.
Loss of dependency	12,09,600.00
Filial Consortium	80,000.00
(40,000X2)
Conventional Head	30,000.00
Total	13,19,600.00

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Therefore, the compensation is enhanced from Rs.8,79,280/- to Rs.13,19,600/- with interest at the rate of 6% per annum.

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In the result, the following order is passed:

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ORDER

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i) The Miscellaneous First Appeal is partly allowed .

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ii) The judgment and award dated 25.05.2016 in MVC.No.1083/2013 passed by the Additional District and Session's Judge Additional Motor Vehicle Accident Claims Tribunal, Kundapura, is

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modified .

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6 - NC: 2026:KHC:28802 MFA No. 8509 of 2016

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HC-KAR

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iii) Appellant Nos.1 and 2 are entitled for Rs.13,19,600/as against Rs.8,79,280/awarded by the Tribunal with interest at the rate of 6% per annum, from the date of petition till realization.

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iv) As the Insurance company has already deposited the awarded amount before the Tribunal, respondent No.2 is directed to deposit the enhanced compensation of Rs.4,40,320/- with interest at the rate of 6% per annum within a period of one month from the date of this order.

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v) On such deposit, appellant Nos.1 and 2 are permitted to withdraw the enhanced amount equally.

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Sd/(P SREE SUDHA) JUDGE

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PHM

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List No.: 1 Sl No.: 10

Humbre Khali Kasim v. Mahamood Diwan Sab Buckatigar

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Humbre Khali Kasim v. Mahamood Diwan Sab Buckatigar

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