IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.4996 OF 2018(MV) BETWEEN 1. SHAMIM JHAN D/O LATE ABDUL KARIM SAB @ KARIM SAB AGED ABOUT 34 YEARS.
2. ASLAM PASHA S/O LATE ABDUL KARIM SAB @ KARIM SAB AGED ABOUT 40 YEARS.
3. MUKBUL JHAN D/O LATE ABDUL KARIM SAB AGED ABOUT 7 YEARS.
ALL ARE R/O SIDDAIAH NAGARA HASSAN – 573 201.
(BY SRI. BYRA REDDY G.S, FOR SMT. KAVITHA H.C., ADVOCATES) …APPELLANTS AND 1. DYAVEGOWDA S/O BOREGOWDA UDDURU VILLAGE KASABA HOBLI HASSAN TALUK – 573 201.
2. THE MANAGER ICICI LOMBOARD GENERAL INSURANCE CO.LTD., MAXIMUS COMMERCIAL COMPLEX C-22, L.H.H. ROAD HAMPANAKATTE MANGALURU – 570 010.
…RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R-2 R-1 D/W.) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGIANST THE JUDGMENT AND AWARD DATED: 17.03.2018, PASSED IN MVC NO. 590/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is directed against the judgment and award dated 17.03.2018 passed by the Principal Senior Civil Judge and Addl. MACT, Hassan in MVC No.590/2016 whereby the Tribunal awarded total compensation of Rs.1,10,000/- in favour of the appellants on account of death of their mother Smt.Sogarabi in a fatal accident that occurred on 08.02.2016.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the same is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance company are not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. Learned counsel for the appellants submits that the Tribunal committed an error in awarding only a sum of Rs.10,000/- under the head loss of estate without appreciating that having regard to the income of the deceased who was working as a Coolie, the appellants being her children were entitled to higher compensation under this head. It is also contended that the compensation awarded under the head loss of love and affection is on the lower side and the same requires enhancement.
5. In this context, learned counsel places reliance upon the judgment of this Court in Magma General Insurance Company Limited vs. Nanu Ram & Others reported in (2018) 18 SCC 130 reiterated by the Division Bench of this Court in M.F.A.No.1100/2019 & connected matter disposed of on 12.06.2019 in awarding compensation towards ‘loss of consortium’.
6. As rightly contended by the learned counsel for the appellant, in the case of an adult male/female dying in a fatal road accident leaving behind her children, loss of estate can be quantified by taking into account the income/notional income of the deceased person. In the instant case, it is not in dispute that the deceased was aged about 65 years and was working as a Coolie. Under these circumstances, I deem it fit and proper to come to the conclusion that the notional income of the deceased is to be taken as Rs.6,000/- p.m., (Rs.200/- per day) for the purpose of assessing loss of estate. Further, as held by this Court in A.MANAVALAGAN vs. A.KRISHNAMURTHY AND OTHERS reported in ILR 2004 KAR 3268 supra, 75% has to be deducted from the said income and compensation towards loss of estate has to be calculated accordingly. Accordingly, the appellants would be entitled to a total compensation of Rs.1,26,000/- under the head loss of estate as hereunder:
Rs.6,000/- x 12 x 7 x 25/100 = Rs.1,26,000/-
6. As rightly contended by the learned counsel for the appellants, in view of the fact that the appellants are the children of the deceased, each of them are entitled to a sum of Rs.30,000/- each towards loss of consortium, in all Rs.90,000/-. The Tribunal having awarded a sum of Rs.50,000/- under this head, the appellants are entitled to an additional sum of Rs.40,000/- under the head loss of consortium.
7. The compensation has to be reworked under the following heads:
1 Loss of estate Rs.1,16,000/-
2 Loss of consortium Rs.90,000/-
3 Funeral expenses Rs.25,000/-
4 Transportation etc. Rs.25,000/-
Total Rs.2,56,000/-
The Tribunal having awarded Rs.1,10,000/-, the appellants are entitled to an additional sum of Rs.1,46,000/- by way of additional compensation together with interest at the rate of 6% p.a., from the date of petition till realization.
8. In view of the above, I pass the following:
ORDER In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 17.03.2018 passed by the Principal Senior Civil Judge and Addl. MACT, Hassan in MVC No.590/2016 is hereby modified.
(iii) The appellants-claimants are entitled to enhanced compensation of Rs.1,46,000/- which shall carry interest at the rate of 6% p.a. from the date of petition till realization.
(iii) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
Sd/- JUDGE bnv