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2020 DIGILAW 1897 (KAR)

Halimabi v. Mahadevi

2020-09-29

SURAJ GOVINDARAJ

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JUDGMENT Suraj Govindaraj, J. - The appellants are before this Court aggrieved by the judgment and award dated 9th August 2016, passed by VIII-Addl. District and Sessions Judge, Belagavi (for short "the tribunal") in MVC No.164/2015. 2. The appellants are the legal representatives of the deceased, who died in a road traffic accident that occurred on 01.12.2014. The appellants having filed an appeal for compensation, the Tribunal by way of above judgment has awarded a sum of Rs.8,68,410/- with interest @ 9% p.a. in favour of the appellants on account of death of the deceased and as also apportioned the amounts and imposed certain conditions on deposit. 3. Heard. Admit. 4. With the consent of both the sides, the above appeal is taken up for final disposal at the stage of admission itself. 5. The occurrence of the accident and the coverage of insurance policy are not in dispute and as such the facts leading to the accident and thereafter are not required to be adverted to. 6. The present appeal has been filed seeking enhancement of compensation by the appellants who were the petitioners before the Tribunal. 7. The Insurance Company has not filed any appeal challenging the judgment and award of the Tribunal. 8. The Tribunal awarded compensation on the following heads. Sl. No. Heads of accounts Amount 1 Towards loss of dependency 6,24,000/- 2. Towards los of consortium 1,00,000/- 3. Towards love and affection 75,000/- 4. Towards medical expenses 24,410/- 5. Towards loss of estate 20,000/- 6. Towards funeral and transportation of dead body 25,000/- Total 8,68,410/- 9. Shri Ashok A.Naik, learned counsel for the appellants would submit that the present appeal is filed seeking for enhancement of compensation contending that the amounts awarded by the Tribunal are meagre, insufficient, contrary to applicable guidelines. The compensation awarded under the different heads of account does not take into account the income of the deceased, age of the deceased, dependants of the deceased, expenses incurred towards medical expenses., etc. The appellants are therefore entitled to for higher compensation than what was awarded by the Tribunal. 10. Per contra, Shri Nagaraj C.Kolloori, learned counsel for the respondent No.2-Insurance Company contends that what has been awarded by the Tribunal is proper and correct. All the aspects that are required to be considered have been so considered by the Tribunal. The appellants are therefore entitled to for higher compensation than what was awarded by the Tribunal. 10. Per contra, Shri Nagaraj C.Kolloori, learned counsel for the respondent No.2-Insurance Company contends that what has been awarded by the Tribunal is proper and correct. All the aspects that are required to be considered have been so considered by the Tribunal. The amounts awarded as compensation is more than sufficient and there are no further amounts which are required to be awarded and sought for dismissal of the appeal. 11. Heard Sri.Ashok A.Naik, learned counsel for the appellants and Sri.Nagaraj C.Kolloori, learned counsel for respondent No.2-Insurance Company and perused the papers. 12. Loss OF DEPENDENCY: A perusal of all the documents indicates that the deceased was aged about 44 years as on 02.12.2014 and expired on account of road traffic accident. The appellants not having produced any documents to establish the earnings of the deceased, the Tribunal took into account an amount of Rs.6,000/- per month as being the income of the deceased. The appellants have contended that the said income is inadequate and not in accordance with the notional income which has been fixed for the purpose of conduct of Lokadalath. As per the said chart, the notional income of the deceased would be Rs.7,500/-. Hence, the Tribunal ought to have considered the said amount, which not having been considered, requires corrections at the hands of this Court. In view of the above submission and having perused the chart adopted for the purpose of Lok-adalath, the notional income as on the year of death of the deceased, in my considered view would have to be taken into consideration and as such, a sum of Rs.7,500/- is taken as the income of the deceased. The deceased being aged 44 years as on the date of the death, the future prospects @ 25% is required to be added to the income of the deceased i.e, 25% of Rs. 7,500 i.e, Rs. 1,875. In terms of ruling of the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi, (2017) 16 SCC 680 , hence the monthly income would be 7500 plus 1875 = 9375/-. The annual income of the deceased would be Rs.9,375/- x 12 = Rs.1,12,500/-. The deceased had five numbers of dependants. 7,500 i.e, Rs. 1,875. In terms of ruling of the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi, (2017) 16 SCC 680 , hence the monthly income would be 7500 plus 1875 = 9375/-. The annual income of the deceased would be Rs.9,375/- x 12 = Rs.1,12,500/-. The deceased had five numbers of dependants. Hence, an amount equivalent to 1/4th is required to be deducted from the said annual income towards personal and living expenses of the deceased as per the ruling in Sarla Verma's case stated supra. Hence, 1/4th of annual income would be RS.28,125/-. The annual income of the deceased for the purpose of calculation of loss of dependency would be Rs.1,12,500/- (-) Rs.28,125/- = Rs.84,735/-. The accident having occurred in the year 2014, in terms of Sarla Verma vs. Delhi Transport, (2009) 6 SCC 121 the appropriate multiplier of 14 is taken into consideration. Hence, the loss of dependency would be Rs.84,735/- x 14 = Rs.11,81,250/-. Hence, the amount awarded by the Tribunal being Rs.6,24,000/- is enhanced by Rs.3,40,684/-. 13. Loss OF CONSORTIUM AND LOVE & AFFECTION: The Tribunal has awarded a sum of Rs.1,00,000/- towards loss of consortium and Rs.75,000/- towards love and affection. A perusal of the records indicates that the deceased was survived by wife, mother and three children and as per the ruling of the Hon'ble Apex Court in the case of National Insurance Company Ltd vs. Pranay Sethi and others, (2017) AIR SC 5157 , the wife of the deceased would be entitled to "loss of spousal consortium" at Rs.40,000/-, the mother of the deceased would be entitled to "loss of parental consortium" at Rs.40,000/- and three children of the deceased would be entitled to "loss of love and affection" at Rs.40,000/- each. 14. Loss OF ESTATE: The Tribunal has awarded a sum of Rs.20,000/- towards loss of estate, but in terms of ruling of Hon'ble Apex Court in the case of Pranay Sethi and others stated supra, the funeral expenses ought to have been awarded at Rs.15,000/-. Hence, the compensation awarded by the Tribunal is reduced by Rs.5,000/-. 15. 14. Loss OF ESTATE: The Tribunal has awarded a sum of Rs.20,000/- towards loss of estate, but in terms of ruling of Hon'ble Apex Court in the case of Pranay Sethi and others stated supra, the funeral expenses ought to have been awarded at Rs.15,000/-. Hence, the compensation awarded by the Tribunal is reduced by Rs.5,000/-. 15. Funeral & TRANSPORTATION OF DEAD BODY: The Tribunal has awarded a sum of Rs.25,000/- towards funeral and transportation of dead body but in terms of ruling of Hon'ble Apex Court in the case of Pranay Sethi and others stated supra, the funeral expenses ought to have been awarded at Rs.15,000/-. Hence, the compensation awarded by the Tribunal is reduced by Rs.10,000/- 16. Further, there is no dispute as regards the compensation of Rs.24,410/- awarded by the tribunal "towards medical expenses". Hence, the same is unaltered. 17. Thus, in view of the above, the comparative table of compensation awarded by the Tribunal and by this Court is as under: sjasbj 18. Accordingly, I pass the following: Sl. No. Heads of accounts Amount awarded by the Tribunal Amount awarded by this Court Difference 1 Towards loss of dependency 6,24,000/- 11,81,250/- 5,57,250/- 2. Towards loss of consortium 1,00,000/- 2,00,000/- 25,000/- 3. Towards love and affection 75,000/- 4. Towards medical expenses 24,410/- 24,410/- --- 5. Towards loss of estate 20,000/- 15,000/- (5,000/-) 6. Towards funeral and transportation of dead body 25,000/- 15,000/- (10,000/-) Total 8,68,410/- 14,35,660/- 5,67,250/- ORDER (i) The appeal is partly allowed. (ii) The dated 9th August 2016, passed by VIII-Addl. District and Sessions Judge, Belagavi (for short "the tribunal") in MVC No.164/2015 is hereby modified. The appellants are entitled to enhanced compensation of Rs.5,67,250/- with interest @ 6% p.a. from the date of claim petition till the date of realization.