Karnataka High CourtSmt. Renuka W/O Beerappa Hosapete vs Shri. Ningappa S/O Halappa Benakajji on 29 May, 2023Author:S G PanditBench:S G Pandit-1-\n                                                           MFA No.103043 of 2022\n\n\n\n\n                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH\n\n                                 DATED THIS THE 29TH DAY OF MAY, 2023\n\n                                               PRESENT\n\n                                THE HON'BLE MR JUSTICE S G PANDIT\n\n                                                 AND\n\n                           THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL\n\n                       MISCELLANEOUS FIRST APPEAL NO.103043 OF 2022 (MV-D)\n\n                      BETWEEN:\n\n                      1.   SMT. RENUKA\n                           W/O. BEERAPPA HOSAPETE,\n                           AGE: 36 YEARS, OCC: COOLIE,\n                           R/O: KOLURA,\n                           TQ AND DT: HAVERI-581112.\n\n                      2.   KUMARI. SAVITHA\n                           D/O. BEERAPPA HOSAPETE,\n                           AGE: 19 YEARS, OCC: STUDENT,\n                           R/O: KOLUR,\n                           TQ AND DT: HAVERI-581112.\nDigitally signed by\nK M SOMASHEKAR        3.   KUMAR. VIDYA\nLocation:\nDHARWAD\nDate: 2023.06.02\n                           D/O. BEERAPPA HOSAPETE,\n12:07:53 -0700\n                           AGE: 16 YEARS, OCC: STUDENT,\n                           R/O: KOLUR,\n                           TQ AND DT: HAVERI-581112.\n\n                      4.   KUMARI. CHETANA\n                           D/O. BEERAPPA HOSAPETE,\n                           AGE: 15 YEARS, OCC: STUDENT,\n                           R/O: KOLUR,\n                           TQ AND DT: HAVERI-581112.\n\n                           (SINCE APPELLANTS NO.3 AND 4 ARE\n                            MINORS AND R/BY GUARDIAN NATURAL\n                            MOTHER APPELLANT NO.1)\n                            -2-\n                                    MFA No.103043 of 2022\n\n\n\n\n5.   SMT. NEELAVVA\n     W/O. FAKEERAPPA HOSAPETE,\n     AGE: 63 YEARS, OCC: HOUSEHOLD WORK,\n     R/O: KOLUR,\n     TQ AND DT: HAVERI-581112.\n\n6.   SHRI. FAKKIRAPPA\n     S/O. BASAVANEPPA HOSAPETE,\n     AGE: 72 YEARS, OCC: AGRICULTURE,\n     R/O: KOLUR,\n     TQ AND DT: HAVERI-581112.\n                                             ...APPELLANTS\n(BY SRI. B.M. PATIL, ADVOCATE)\n\nAND:\n1.   SHRI. NINGAPPA\n     S/O. HALAPPA BENAKAJJI,\n     AGE: 39 YEARS, OCC: AGRICULTURE AND\n     LORRY OWNER, R/O: HARALAHALLI,\n     TQ AND DT: HAVERI-581108.\n\n2.   THE MANAGER HDFC ERGO\n     GENERAL INSURANCE CO.LTD.,\n     R/O: 1ST FLOOR, VIRUPAKSHAKRUPA\n     OPP: KIMS MAIN GATE, P.B.ROAD,\n     VIDYANAGAR, HUBBALLI-580021.\n                                            ...RESPONDENTS\n\n(BY SRI. NAGARAJ C. KOLLOORI, ADV FOR R2)\n(NOTICE TO R1 DISPENSED WITH)\n\n     THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES\nACT,    AGAINST THE JUDGMENT AND AWARD DATED\n30.08.2022 PASSED IN MVC NO.451/2021 ON THE FILE OF THE\nPRINCIPAL SENIOR CIVIL JUDGE, HAVERI, PARTLY ALLOWING\nTHE CLAIM PETITION FOR COMPENSATION AND SEEKING\nENHANCEMENT OF COMPENSATION.\n\n      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,\nS.G. PANDIT J., DELIVERED THE FOLLOWING:\n                              -3-\n                                       MFA No.103043 of 2022\n\n\n\n\n                          JUDGMENTThough this appeal is listed for admission, with the\n\nconsent of the learned counsel for both the parties, the\n\nsame is taken up for final disposal.2.    The appellants, who are the wife, children and\n\nparents of the deceased, are before this Court not being\n\nsatisfied with the quantum of compensation awarded\n\nunder the judgment and award, dated 30.08.2022, passed\n\nin M.V.C. No.451/2021 by the Principal Senior Civil Judge\n\n& Additional Motor Accident Claims Tribunal, Haveri (for\n\nshort, 'the Tribunal').3.    Heard Sri. B.M.Patil, learned counsel for the\n\nappellants-claimants and Sri. Nagaraj C.Kolloori, learned\n\ncounsel for respondent No.2-insurance company.4.    The claimants, who are the legal heirs of the\n\ndeceased Bheerappa, filed a claim petition underSection\n\n166of the Motor Vehicles Act, 1988 seeking compensation\n\nfor the accidental death of deceased Bheerappa that took-4-MFA No.103043 of 2022place    on    27.01.2021   involving   motor   cycle   bearing\n\nregistration     No.KA-27/R-1721    and    a    lorry   bearing\n\nregistration No.KA-22/A-9570. They claimed that the\n\ndeceased was aged 38 years as on the date of the\n\naccident and was earning Rs.30,000/- per month by doing\n\ndriving work and agricultural work.5.    On issuance of notice, respondents appeared\n\nbefore the Tribunal and filed their written statements\n\ndenying the averments made in the claim petition and\n\nfurther contending that the accident took place solely due\n\nto the negligence of the rider of the motor cycle and it is\n\nalso contended that the deceased was not holding a valid\n\ndriving licence as on the date of the accident. Thus, they\n\nprayed for dismissal of the claim petition.6.    The Tribunal, on the basis of the pleadings of\n\nthe parties, framed issues. The wife of the deceased\n\nexamined herself as P.W.1 apart from marking fifteen\n\ndocuments as Exs.P.1 to Ex.P.5. The respondents did not\n\nlead any oral evidence, but with consent marked two-5-MFA No.103043 of 2022documents as Ex.R1 and Ex.R2. Based on the material on\n\nrecord, the Tribunal awarded           total compensation of\n\nRs.11,15,000/-, with interest at the rate of 6% per\n\nannum, under the following heads:1)    Loss of Dependency                 Rs.      10,80,000/-2)    Love and affection                              5,000/-3)    Loss of Estate                  Rs.             5,000/-\n  4)    Funeral expenses                Rs.            25,000/-\n                                  TOTAL Rs.         11,15,000/-While awarding the above compensation, the Tribunal has\n\nassessed the income of the deceased at Rs.8,000/- per\n\nmonth, adopted multiplier '15', and deducted 1/4th of the\n\nassessed    income    towards     personal    expenses      of    the\n\ndeceased.7.   Sri.   B.M.Patil,    learned     counsel       for    the\n\nappellants-claimants    would     submit     that    the   Tribunal\n\ncommitted an error in assessing the income of the\n\ndeceased at Rs.8,000/- per month and contends that since\n\nthe deceased was earning more than Rs.30,000/- per\n\nmonth by doing driving work and agricultural work, the\n\nTribunal ought to have assessed the income of the-6-MFA No.103043 of 2022deceased on the higher side. Learned counsel would\n\nfurther submits that the Tribunal has failed to take note\n\nthat, in the absence of proof relating to income, this Court\n\nand Lok Adalat would assess the income notionally based\n\non the Chart prepared by the Karnataka State Legal\n\nServices Authority, and the notional income as per the\n\nChart, Rs.14,250/- for the accident of the year 2021.\n\nLearned counsel would also submit that the claimants, who\n\nare the wife, children and parents of the deceased would\n\nbe entitled for a sum of Rs.40,000/- each towards spousal\n\nconsortium, parental consortium and filial consortium as\n\nheld by the Hon'ble Apex Court in the case ofMagma\n\nGeneral Insurance Company Ltd., Vs. Nanu Ram and\n\nOthers1.He would also submit that the Tribunal failed to\n\naward addition of 40% of the assessed income towards\n\nfuture prospects in view of the decision of the Hon'ble\n\nApex Court in the case ofNational Insurance Company12018 ACJ 2782-7-MFA No.103043 of 2022Limited Vs. Pranay Sethi & Others2. Thus, he prays for\n\nallowing the appeal and enhancing the compensation.8.    Per contra, Sri. Nagaraj C.Kolloori, learned\n\ncounsel       appearing            for    respondent        No.2-Insurance\n\nCompany would submit that the compensation awarded by\n\nthe     Tribunal       is   just     and       proper    which   needs    no\n\ninterference. Further, he submits that there is no material\n\nplaced on record to determine the income of the deceased\n\nand as such, the income determined by the Tribunal at\n\nRs.8,000/- per month is proper. Thus, he prays for\n\ndismissal of the appeal.9.    Having heard the learned counsel for the parties\n\nand on perusal of the appeal papers, the points that would\n\narise for consideration in this appeal are,i)   Whether the income assessed by the Tribunal at\n             Rs.8,000/- per month is just and proper?2AIR 2017 SC 5157-8-MFA No.103043 of 2022ii) Whether the claimants would be entitled for\n           addition of 40% of the assessed income towards\n           future prospects?10.    The answers to the above points are in the\n\nnegative and affirmative respectively for the following\n\nreasons:a) The accident that took place on 27.01.2021 involving\n\n  motor cycle bearing registration No.KA-27/R-1721 and\n\n  a Truck bearing registration No.KA-22/A-9570 and the\n\n  resultant death of Bheerappa is not in dispute in this\n\n  appeal. The      claimants    are   in   appeal    praying for\n\n  enhancement of compensation.b) The     claimants   state   the    deceased      was   earning\n\n  Rs.30,000/- by doing driving work and agricultural\n\n  work. But, to prove the avocation and income of the\n\n  deceased, the claimants have not placed any cogent\n\n  material on record. In the absence of any cogent\n\n  material relating to income, it is for the Tribunal to\n\n  assess the income notionally. The notional income-9-MFA No.103043 of 2022assessed by the Tribunal at Rs.8,000/- per month is on\n\n  the lower side. This Court and Lok Adalat, while settling\n\n  the accidental claims of the year 2021 would normally\n\n  assess the notional income at Rs.14,250/- per month\n\n  based on the chart prepared by the Karnataka State\n\n  Legal   Services   Authority    taking    into   consideration\n\n  various factors including the minimum wages. Thus, it\n\n  would be appropriate for this Court to assess the\n\n  income of the deceased at Rs.14,250/- per month.c) The Tribunal has also erred in not adding 40% of the\n\n  assessed income towards future prospects in terms of\n\n  thePranay Sethi's case (supra).Since the deceased\n\n  was aged 38 years as on the date of the accident, in\n\n  terms of thePranay Sethi's case, the claimants are\n\n  entitled for addition of 40% of the assessed income\n\n  towards future prospects. The deduction made by the\n\n  Tribunal at 1/4th of the assessed income towards\n\n  personal expenses of the deceased, and the multiplier\n\n  '15' adopted is proper.- 10 -MFA No.103043 of 2022d) Thus, the claimants would be entitled for compensation\n\n  under the head 'loss of dependency' at Rs.26,93,250/-\n\n  (Rs.14,250    +   40%    =    Rs.19,950      less   1/4th    =\n\n  Rs.14,962.50 x 12 x 15).e) The   Tribunal   has   erred     in   not   awarding       the\n\n  compensation under the conventional heads in terms of\n\n  the decision of the Hon'ble Apex Court in the case ofPranay Sethi(supra). In terms of the Pranay Sethi's\n\n  case, the claimant No.1, being wife of the deceased,\n\n  would be entitled to Rs.40,000/- towards loss of\n\n  spousal consortium. The claimants are also entitled for\n\n  Rs.15,000/- each under the heads "loss of estate" and\n\n  "funeral expenses and transportation of dead body".f) The appellants No.2 to 4, being the children of the\n\n  deceased and appellants No.4 & 6 being the parents of\n\n  the deceased, would be entitled to Rs.40,000/- each\n\n  towards loss of parental consortium and loss of filial\n\n  consortium as held by the Hon'ble Apex Court in the\n\n  case ofMagma General Insurance Co. Ltd.(supra).- 11 -MFA No.103043 of 202211.   Thus, the claimants would be entitled for\n\nenhanced compensation on the following heads:1)     Loss of Dependency                 Rs.      26,93,250/-2)     Loss of spousal consortium         Rs.         40,000/-(to appellant No.1)3)     Loss of parental consortium        Rs.       1,20,000/-(to appellants No.2 to 4)4)     Loss of filial consortium          Rs.         80,000/-(to appellants No.5 & 6)\n  4)     Loss of Estate                     Rs.         15,000/-\n  5)     Funeral         expenses    and    Rs.         15,000/-\n         transportation of dead body\n                                   TOTAL    Rs.      29,63,250/-\n\nThus,     the    claimants   would     be    entitled     to   totalcompensation of Rs.29,63,250/- as against Rs.11,15,000/-awarded by the Tribunal.12.   Hence, we pass the following:ORDERa) The above appeal is allowed in part.b) The impugned judgment and award of the\n          Tribunal is modified to the extent that the\n          claimants are entitled to total compensation\n          Rs.29,63,250/-     as    against        Rs.11,15,000/-awarded by the Tribunal.- 12 -MFA No.103043 of 2022c) The enhanced compensation amount will bear\n         interest at the rate of 6% per annum from the\n         date of claim petition till date of realization.d) The respondent No.2-Insurance Company shall\n         deposit the enhanced compensation amount\n         with accrued interest before the Tribunal within\n         six weeks from the date of receipt of certified\n         copy of this judgment.e) Apportionment, deposit and disbursement of\n         the enhanced compensation shall be made as\n         per the award of the Tribunal.f) Draw modified award accordingly.\n\n\n      Registry to transmit the records to the Tribunal\nforthwith.No order as to costs.Sd/-JUDGE\n\n\n\n                                        Sd/-JUDGE\nKMSList No.: 1 Sl No.: 58