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Smt.anisa @ Arnakali v. Shri. Ashwin Vinod Bin Vinod Kuroop

Smt.anisa @ Arnakali v. Shri. Ashwin Vinod Bin Vinod Kuroop

(High Court Of Karnataka (circuit Bench At Dharwad))

M.F.A.No.104455 OF 2019 (MV-D) | 18-04-2022

1. This appeal arises out of a claim petition which was filed claiming compensation for the death of Haroon Mujawar.

2. The fact that the accident occurred resulting in the death is not in dispute. The fact that the insurer is liable to pay the compensation is also not in dispute. The Tribunal on assessment of the evidence on record has awarded the following sums:

Sl. No

.

Heads

Modified Award

1

Towards loss of dependency

Rs. 10,08,000/-

2

Towards loss of consortium

Rs. 2,50,000/-

3

Towards funeral expenses

Rs. 15,000/-

Total

Rs. 12,73,000/-

3. In order to arrive at the above sum, the Tribunal has determined the monthly income at Rs.8,000/- as there was no documentary evidence. In my view, in such cases, it would be appropriate to adopt the income determined by the Karnataka State Legal Services Authority which for the accident of the year 2018 it would be Rs.11,750/-.

4. To this amount, future prospects of 25% will have to be added which would result in the monthly income of Rs.14,688/-. Out of the said sum, 25% would have to be deducted towards personal expenses and the multiplier of 14 would have to be applied since the deceased was aged 41 years at the time of accident. The claimants would thus be entitled to a sum of Rs.18,50,688/- (Rs.14,688 less Rs.3,672=Rs.11,016X14X12) towards loss of dependency.

5. In addition, the claimants being the widow, mother and three children would each be entitled to a sum of Rs.44,000/- which comes to Rs.2,20,000/-.

6. The claimants would also be entitled for a sum of Rs.33,000/- under conventional heads. 7. Hence, the claimants are entitled to the modified award which reads as under:

7. Hence, the claimants are entitled to the modified award which reads as under:

Sl. No

.

Heads

Modified Award

1

Towards loss of dependency

Rs. 18,50,688/-

2

Towards loss of consortium

Rs. 2,20,000/-

3

Towards conventional heads

Rs. 33,000/-

Total

Rs. 21,03,688/-

8. Thus, the claimants are entitled for total compensation of Rs.21,03,688/- as against the sum of Rs.12,73,000/- awarded by the Tribunal.

9. In view of the above, I pass the following:

ORDER

(i) The appeal is allowed in part,

(ii) The Judgment and Award dated 23.08.2019 passed in MVC No.1965/2018, on the file of the II Addl. District and Sessions Judge and Motor Vehicle Claims Tribunal, Belagavi, is hereby modified. The claimants are entitled to a total compensation of Rs.21,03,688/- as against the sum of Rs.12,73,000/- awarded by the Tribunal. The enhanced compensation of Rs.8,30,688/- shall carry interest @ 6% p.a. from the date of claim petition till the date of deposit

(iii) The Insurance Company/2nd respondent is directed to deposit the enhanced compensation after deducting the compensation already paid along with interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment,

(iv) The amount awarded shall be disbursed in the same terms as that imposed by the Tribunal.

Advocate List
  • SRI. SANTOSH S HATTIKATAGI.

  • SRI.G.N.RAICHUR.

Bench
  • HON'BLE MR JUSTICE N.S.SANJAY GOWDA
Eq Citations
  • 2 (2022) ACC 352 (Kar)
  • LQ/KarHC/2022/5613
Head Note

Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Compensation — Death — Assessment of — Monthly income — Future prospects — Personal expenses — Multiplier — Modified award — Tribunal determined monthly income at Rs.8,000/- as there was no documentary evidence — Held, in such cases, it would be appropriate to adopt the income determined by the Karnataka State Legal Services Authority which for the accident of the year 2018 it would be Rs.11,750/- — Future prospects of 25% will have to be added which would result in the monthly income of Rs.14,688/- — Out of the said sum, 25% would have to be deducted towards personal expenses and the multiplier of 14 would have to be applied since the deceased was aged 41 years at the time of accident — Claimants would thus be entitled to a sum of Rs.18,50,688/- (Rs.14,688 less Rs.3,672=Rs.11,016X14X12) towards loss of dependency — In addition, the claimants being the widow, mother and three children would each be entitled to a sum of Rs.44,000/- which comes to Rs.2,20,000/- — Claimants would also be entitled for a sum of Rs.33,000/- under conventional heads — Hence, the claimants are entitled to the modified award which reads as under: Sl. No . Heads Modified Award 1 Towards loss of dependency Rs. 18,50,688/- 2 Towards loss of consortium Rs. 2,20,000/- 3 Towards conventional heads Rs. 33,000/- Total Rs. 21,03,688/-