Jayamala, W/o. Jitendra Pol v. Basaveshwara S/o. Prasad Dumpala
2020-03-19
P.S.DINESH KUMAR, RAVI V.HOSMANI
body2020
DigiLaw.ai
JUDGMENT : 1. Heard Sri. Sanganagouda V. Biradar, learned counsel for the claimants and Sri. Rahul R. Asture, learned counsel for respondent No.2Insurer in these two appeals. 2. MFA No.31917/2013 is presented by claimants seeking enhancement and MFA No.32450/2013 is presented by the insurer challenging judgment and award dated 05.03.2013 passed by the Motor Vehicles Claims Tribunal (hereinafter referred to as ‘Tribunal’ for short) in MVC No.1162/2011. 3. Briefly stated facts of the cases are, on 17.06.2011 one Ratnabai sustained grievous injuries when a car bearing registration No.MH13AC5968 driven in rash and negligent manner dashed against her. She was shifted to the hospital and succumbed to injuries. Her sole surviving legal heir and representative Jayamala and her husband Jitendra presented instant claim petition seeking compensation. On consideration of material on record, Tribunal has awarded Rs.18,05,000/payable with 7% interest. 4. Insurer has presented its appeal contending interaliathat first claimant being a married daughter was not dependent on deceased and not entitled for compensation computed on the basis of loss of dependency. 5. Sri Rahal R. Asture, learned advocate for the insurer placing reliance on Manjuri Bera vs. Oriental Insurance Company Ltd. and Anr. 2007 (10) SCC 643 , submitted that first claimantJayamala being a major and married daughter is not entitled for any compensation. 6. Sri Sanganagouda V. Biradar, learned advocate for the claimants placing reliance on A. Manavalagan vs A. Krishnamurthy And Ors. ILR 2004 KAR 3268 and North West Karnataka Road Transport Corporation vs Sri D. Kenchappa and Others ILR 2009 KAR 1580, submitted that in Manavalagan, a Division Bench of this Court has held that where a claim is by a legal representative of a deceased who is not a dependent, then he shall be entitled only for loss of estate and it shall be computed on the basis of savings made by the deceased. He further submitted that the decision in Manavalagan has been followed by an Hon’ble Single Judge in D. Kenchappa’s case. 7. We have carefully considered rival contentions and perused the records. 8. Undisputed facts are, Jayamala is married daughter of Ratnabai. Ratnabai was working as a sweeper with the Airport Authority of India at Solapur. 9. In Manjuri Bera, it is recorded that married daughter in that case was not dependent on her father. She was living with her husband in his house.
8. Undisputed facts are, Jayamala is married daughter of Ratnabai. Ratnabai was working as a sweeper with the Airport Authority of India at Solapur. 9. In Manjuri Bera, it is recorded that married daughter in that case was not dependent on her father. She was living with her husband in his house. Therefore, she was not entitled for statutory compensation and she would inherit the estate of the deceased. 10. In Manavalagan, it is held that claimant in similar circumstance will be entitled for 1/4th of the savings or contribution of the deceased. 11. Ratnabai was aged 55 years at the time of her death and she was getting a monthly salary of Rs.35,127/-. A sum of Rs.200/has to be deducted towards professional tax. Thus, her monthly income would work out to Rs.34,927/-. As per the decision in National Insurance Company Limited vs. Pranay Sethi and Others AIR 2017 SC 5157 , 15% will have to be added towards future prospects and that works out to Rs.5,239/-. Thus, the total income comes to Rs.40,166/per month and Rs.4,81,992/per annum. At the material point of time, income tax up to Rs.1,80,000/was exempted. It is submitted by Sri Sanganagouda V. Biradar, learned advocate for the claimants that the rate of tax in the year 20122013 (financial year 20112012) was 10% and same is not disputed by Sri Rahul R. Asture, learned advocate for the insurer. After tax deduction, total salary works out to Rs.4,51,800/(Rs.4,81,992 Rs.1,80,000 = Rs.3,01,992/-x 10% = Rs.30,199/-; Rs.4,81,992 – Rs.30,199 = Rs.4,51,793/-rounded off to Rs.4,51,800/-) Loss of estate will be 25% of the salary. Since Ratnabai was aged 55 years, the applicable multiplier is 11. Thus, total loss of estate works out to Rs.4,51,800/x 11 x 25% = Rs.12,42,450/. 12. As held by the Apex Court in Magma General Insurance Company Limited vs. Nanu Ram & Others (2018) 18 SCC 130, daughter shall be entitled for Rs.40,000/towards loss of love and affection and Rs.15,000/towards funeral expenses. 13. Thus, the total compensation payable works out to Rs.12,97,450/. 14. Sri Rahul R. Asture, learned advocate for the insurer submitted that 50% of the award amount has been deposited before the Tribunal. 15. In the result, the following: ORDER (i) MFA No.31917/2013 filed by the claimants is dismissed. (ii) MFA No.32450/2013 filed by the insurer is allowed.
13. Thus, the total compensation payable works out to Rs.12,97,450/. 14. Sri Rahul R. Asture, learned advocate for the insurer submitted that 50% of the award amount has been deposited before the Tribunal. 15. In the result, the following: ORDER (i) MFA No.31917/2013 filed by the claimants is dismissed. (ii) MFA No.32450/2013 filed by the insurer is allowed. (iii) Judgment and award passed by the Tribunal in MVC No.1162/2011 is modified holding first claimant is entitled for Rs.12,97,450/with interest at 6% p.a. from the date of claim petition till the date of payment. (iv) Insurer shall deposit the compensation amount excluding the amount already deposited, within a period of four weeks from the date of receipt of a certified copy of this judgment. (v) Tribunal shall place 50% of the total compensation with interest in a Fixed Deposit in the name of first claimant in any Nationalized Bank for a period of five years and disburse the balance amount. (vi) Amount in deposit in this Court shall be transmitted to the Tribunal for disbursement in accordance with law. (vii) Both appeals stand disposed of. (viii) No costs.