- 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE8H DAY OF OCTOBER2020PRESENT THE HON’BLE MR. JUSTICE G.NARENDAR AND THE HON’BLE MR. JUSTICE M.I.ARUN MFA No.101373 OF2019(MV) BETWEEN UNITED INDIA INSURANCE CO LTD., THE DIVISIONAL MANAGER, MARUTI GALLI,BELAGAVI R/BY ITS DIVISIONAL MANAGER. ... APPELLANT (BY SRI. SHASHANK S HEGDE, ADV) AND1SMT.SAVITA W/O VITTAL MASAGUPPI AGE:29 YEARS,OCC:HOUSEHOLD, R/O.TALAKATNAL,TQ:GOKAK, DIST:BELAGAVI PIN CODE:591233. 2.KUMAR SHINDU D/O VITTAL MASAGUPPI AGED ABOUT08YEARS,OCC:STUDENT, R/O.TALAKATNAL,TQ:GOKAK, DIST:BELAGAVI PIN CODE:591233 3.KUMARI BHUMIKA D/O VITTAL MASAGUPPI AGED ABOUT05YEARS,OCC:NIL, - 2 - R/O.TALAKATNAL,TQ:GOKAK, DIST:BELAGAVI PIN CODE:591233 THE RESPONDENT NOs.2 AND3ARE MINORS R/BY THEIR M/G NATURAL MOTHER RESPONDENT NO.1
4.YAMANAVVA W/O RAMAPPA MASAGUPPI, AGED ABOUT69YEARS,OCC:HOUSEHOLD R/O.TALAKATNAL,TQ:GOKAK, DIST:BELAGAVI PIN CODE:591233. ... RESPONDENTS (BY SRI. SANTOSH S HATTIKATAGI, ADV. FOR R1TO R3; R2 AND R3 MINORS R/BY R1 NOTICE TO R4 SERVED NOTICE TO R5 DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT
AND AWARD DATED0512.2018 PASSED IN MVC NO.706/2018 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND XII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK, AWARDING COMPENSATION OF Rs.40,15,000/- WITH INTEREST AT6 P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. THIS MFA COMING ON FOR ADMISSION, THIS DAY, M.I.ARUN J., DELIVERED THE FOLLOWING: - 3 - JUDGMENT
The appellant – Insurance Company has filed this appeal under Section 173(1) of the Motor Vehicles Act, 1988 being aggrieved by the judgment dated 05.12.2018 passed by the XII Addl. District and Sessions Judge & Addl. MACT, Belagavi Sitting at Gokak (for short the Tribunal) in MVC.No.706/2018.
2. For the sake of convenience parties would be referred to as per their ranking before the tribunal.
3. The facts giving rise to filing of this appeal are that on 16.01.2017 at about 7.30 p.m. the deceased Mr.Vittal Ramappa Masaguppi was driving his motorcycle bearing Chassis No.MD2DHDJZZSCM35592 along with his friend Hanumanth Ramappa Koujalagi on Gokak-Yaragatti road and when he reached near Bannur garage a VRL Bus bearing No.PY-01/CH-1186 being driven by its driver in rash and negligent manner dashed against the motorcycle of the deceased Vittal.-. 4 - Due to which, the deceased Vittal sustained grievous injuries. Subsequently he succumbed to the same.
4. In pursuance to the notice, the respondent No.1 did not appear before the tribunal and he was placed ex-parte. Respondent Nos.2-insurance company appeared through its counsel and filed written statement and has denied the petition averments and sought dismissal of the petition.
5. In support of their claim petition, the claimant No.1 got examined as PW.1 and got marked 18 documents as Exs.P.1 to P.18. On behalf of the respondent no witness was examined but got marked one documents as Ex.R.1. The tribunal after hearing both the parties, awarded compensation of Rs.40,15,000/- with interest at 6% p.a. from the date of petition till the date of payment or deposit in the Court. It is further held that respondent No.2 being the insurer was directed to deposit the compensation amount within two months from the date of the order.-. 5 - 6. Being aggrieved by the impugned judgment and award passed by the tribunal, the Insurance Company has filed this appeal on the ground that Tribunal erred in not considering the monthly income of the deceased at Rs.25,000/- per month without any proof of income of the deceased and granted excessive compensation under the head of loss of dependency and also granted excessive compensation under the conventional head and loss of future prospects.
7. We have considered submissions made by learned counsel for the parties and have perused the records.
8. The only issue that arises for consideration in this appeal is as to whether the appellant has made out any grounds to reduce the compensation awarded by the Tribunal.
9. It is contended by the claimants that the deceased owns six pieces of agricultural land and was Class-III contractor and was earning Rs.1,08,333/- per - 6 - month. However, petitioners have not submitted any documents to show the income of the deceased. The trial Court held the income of the deceased at around Rs.25,000/- per month, in our opinion is on the higher side. Upon the death of the deceased, the claimants are not deprived of the lands owned by him. What is deprived is the income earned as Class-III contractor. They have not produced any income tax returns filed by the deceased. Under the said circumstances, in our opinion holding the income of the deceased at Rs.25,000/- per month is on the higher side and it would be appropriate to consider the monthly income of the deceased as Rs.15,000/- per month. In view of the law laid down by the Hon’ble Supreme Court in the case of National Insurance Co. Ltd. V/S. Pranay Sethi and others, reported in AIR2017ACJ5157 taking into consideration the age of the deceased as 33 years 40% has to be added to the monthly income of the deceased towards future prospects. Thus, monthly income would arrive at Rs.21,000/-. Out of the said - 7 - amount if 1/4th is deducted towards personal expenses of the deceased as he has four dependents. The monthly income comes to Rs.15,750/-. To the said monthly income of the deceased the multiplier 16 is taken into account as the age of the deceased was 33 years at the time of the accident. Thus, the claimants are entitled to Rs.30,24,000/- on account of loss of dependency.
10. Further, the claimants are the widow, two minor daughters and mother of the deceased. In view of the decision of the Hon’ble Supreme Court in the case of Magma General insurance Co. Ltd. V/s. Nanu Ram and Others reported in 2018 ACJ2782they are entitled to Rs.40,000/- each towards loss of consortium and loss of love and affection. Thus, the claimants are entitled to Rs.1,60,000/- on account of loss of consortium and loss of love and affection. In addition, the claimants are entitled to a sum of Rs.30,000/- under loss of estate and funeral expenses. Thus, in all claimants are entitled to Rs.32,14,000/- as compensation and enhanced amount of compensation - 8 - shall carry interest at the rate of 6% pa. from the date of the petition till the date of realization. To the aforesaid extent the judgment of the Tribunal is modified. Accordingly, the appeal is partly allowed. Sd/- JUDGE Sd/- JUDGE Vb/-