The High Court
Case Details
- 1 - NC: 2025:KHC:15408 MFA No. 906 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 906 OF 2018 (MV-D) BETWEEN: 1. MARIYAMATH RAMLA @ RAMLA W/O LATE RAFEEK AGED 27 YEARS, R/AT NO. 1/202, KOMBAGUDI HOUSE, PAVOOR, MANJESHWAR, KASARGOD DISTRICT - 671 323. 2. REEHAN S/O RAFEEK AGED 5 YEARS, 3. RAMEEZ S/O RAFEEK AGED 2 YEARS, APPELLANT 2 AND 3 ARE MINORS HENCE REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER MARIYAMATHA RAMLA @ RAMLA Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka
Legal Reasoning
(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) …APPELLANTS AND: 1. SULAIMAN S/O ADAM BEARY AGED ABOUT 42 YEARS, R/O DOOR NO. 5-121, SALETHOOR KATTE HOUSE, SALETHOOR GRAMA, BANTWAL TALUK, D.K.DISTRICT - 574 323. 2. THE UNITED INDIA INSURANCE CO. LTD., MO VITTAL OLD, REHA PLANET OPP JAINA BASADI, MOODABIDRI REPRSENTED BY ITS BRANCH MANAGER - 2 - NC: 2025:KHC:15408 MFA No. 906 of 2018 3. KHAJE SAB S/O SAIPANASAB SHEIK AGED 51 YEARS, R/O C/O ABDUL KHADER MADANINAGAR, MUNNUR GRAMA MANGALURU, D.K.DISTRICT - 575 018 4. MUMTHAZ W/O KHAJESAB, AGED ABOUT 47 YEARS, R/O C/O ABDUL KHADER MADANINAGAR, MUNNUR GRAMA MANGALURU, D.K.DISTRICT - 575 018 (BY SRI.B.A.RAMAKRISHNA, ADVOCATE FOR R2 R1, R3 & R4- ARE SERVED) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.12.2017 PASSED IN MVC NO.1135/2016 ON THE FILE OF THE M.A.C.T & II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.1135/2016 dated 02.12.2017 by the II Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal, Mangaluru, D.K., the appellants/claimants are before this Court seeking enhancement of the compensation. 2. The case of the claimants is that on 18.03.2016 at about 11.05 a.m., when the deceased was proceeding as a - 3 - NC: 2025:KHC:15408 MFA No. 906 of 2018 pillion rider on the motorcycle along with the rider, he drove the same in rash and negligent manner and dashed to the mile stone on the left side of the road. Due to this, the deceased fell down and sustained multiple injuries. He was admitted in the hospital as inpatient and later succumbed to the injuries on 21.03.2016. 3. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency 2. Love and affection : Rs. : Rs. 8,64,000/- 50,000/- 3. 4. Funeral and obsequies ceremony and transportation charges Future prospects and medical bills TOTAL : Rs. 25,000/- : Rs. 50,222/- : Rs. 9,89,222/- 4. Learned counsel appearing for the appellants/claimants submits that the deceased was earning an amount of Rs.20,000/- per month and the trial Court had taken the income of the deceased at Rs.5,000/- per month. He submits as this accident had taken place in the year 2016, the Court ought to have taken an amount of Rs.9,500/- per month as the - 4 - NC: 2025:KHC:15408 MFA No. 906 of 2018 income and the Tribunal had also not considered the future prospects. It is submitted that even on other conventional heads also, the amount that is granted by the Tribunal is on the lower side. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that based on the evidence, the Tribunal had rightly granted the compensation and no grounds are made out seeking enhancement of the compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. The accident had taken place on 18.03.2016. It is the case of the claimants that the deceased was earning an amount of Rs.20,000/- per month. The Tribunal had rightly not accepted the evidence that is placed. With regard to the income, as this is an accident of the year 2016, this Court is taking the income at Rs.9,500/- per month and he is aged 24 years at the time of the accident. Hence, future prospects at 40% would come to an amount of Rs.3,800/-. Then his income would be an amount of Rs.13,300/- (Rs.9,500+Rs.3,800). The Tribunal had deducted 1/5th as there are five dependents. It has to be 1/4th and if - 5 - NC: 2025:KHC:15408 MFA No. 906 of 2018 1/4th is deducted, it would come to an amount of Rs.3,325/-. Then his contribution to the family would be an amount of Rs.9,975/-. Hence, towards loss of dependency, an amount of Rs.21,54,600/- (Rs.9,975×12×18). Towards consortium an amount of Rs.2,20,000/- (Rs.44,000x5) is granted. Towards funeral expenses, an amount of Rs.36,000/- is granted. The Tribunal had granted an amount of Rs.50,222/- towards medical expenses and this Court is not interfering with the same. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 8,64,000/- 21,54,600/- 2. Love and affection : Rs. 50,000/- 00/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:15408 MFA No. 906 of 2018 3. Funeral and obsequies ceremony and transportation charges 4. Future prospects and medical bills : Rs. 25,000/- 36,000/- : Rs. 50,222/- 50,222/- 5. Consortium 5. Legal expenses : Rs. : Rs. 00/- 00/- 2,20,000/- 10,000/- TOTAL : Rs. 9,89,222/- 24,70,822/- Enhancement : Rs. Rs.14,81,600/- 9. Altogether, the claimants are entitled for compensation of an amount of Rs.24,70,822/-. 10. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.9,89,222/- to Rs.24,70,822/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.2 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. No costs. - 7 - NC: 2025:KHC:15408 MFA No. 906 of 2018 iv. Pending miscellaneous petitions, if any, shall stand closed Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 2