SMT. KALAVATI & ORS versus MIRZA KAISAR BAIG & ANR. on 23 September 2022

1. Feeling aggrieved and dissatisfied with the impugned judgmentand order dated 19.02.2019 passed by the High Court of Karnataka atCKalaburagi Bench passed in respective First Appeals, the originalclaimants have preferred the present appeals and have prayed to enhancethe amount of compensation.

Civil Appeal No. 6676 of 2022

D2. Feeling aggrieved and dissatisfied with the impugned judgmentand order dated 19.02.2019 passed by the High Court in M.F.A. No.200507 of 2018 by which the High Court has enhanced the amount ofcompensation from Rs.10,70,000/- as awarded by the learned Tribunalto Rs.15,98,120/- only, the original claimants have preferred the presentappeal.E2.1 The issue involved in the present appeal is in a very narrowcompass.

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2.2 That the deceased at the time of accident/death was servingas a driver and was holding a valid driving license. According to theForiginal claimants he was earning Rs.15,000/- per month.

2.3 The learned Tribunal awarded the amount of compensationfor the death of the deceased at Rs.10,70,000/- under different headsincluding the loss of dependency. The learned Tribunal considered theloss of dependency at Rs.9,00,000/- considering the income of theGdeceased at Rs.7,500/- per month. By the impugned judgment and orderthe High Court has enhanced the loss of dependency to Rs.14,28,120/-considering the income of the deceased at Rs.8,500/- per month.

2.4 Feeling aggrieved and dissatisfied with the impugned judgmentand order passed by the High Court, the claimants have preferred thepresent appeal for enhancing the amount of compensation on loss ofH

SMT. KALAVATI & ORS. v. MIRZA KAISAR BAIG & ANR.[M. R. SHAH, J.]

dependency considering the income of the deceased at Rs.15,000/- permonth.

Civil Appeal No. 6677 of 2022

3. Feeling aggrieved and dissatisfied with the impugned judgmentand order dated 19.02.2019 passed by the High Court in MFA No. 200509of 2018 by which the High Court has enhanced the amount ofcompensation from Rs.9,00,000/- as awarded by the learned Tribunal toRs.12,25,104/- only, the original claimants have preferred the presentappeal.

3.1 That the learned Tribunal awarded a total sum of Rs.9,00,000/- under different heads towards the compensation for the death of thedeceased – husband of the appellant no.1. The learned Tribunal hasawarded the loss of dependency at Rs.7,80,000/- considering the incomeof the deceased at Rs.7,500/- per month. In an appeal the High Courthas enhanced the amount of compensation to Rs.12,25,104/- by enhancingthe amount of compensation towards loss of dependency atRs. 11,05,104/- considering the income of the deceased at Rs. 8,500/-per month.

3.2 Feeling aggrieved and dissatisfied with the impugned judgmentand order passed by the High Court, the original claimants have preferredthe present appeal praying to enhance the amount of compensation underthe head loss of dependency considering the income of the deceased atRs.15,000/- per month.

4. Having heard learned counsel for the respective parties and inthe facts and circumstances of the case and considering the material onrecord and considering the fact that the deceased were having drivinglicense and were working as drivers, the claimants shall be entitled tothe loss of dependency considering the income of the deceased at leastas Rs.10,000/- per month. Thereafter adding 40% towards futureprospects and rise in income and applying the relevant multiplier theclaimants shall be entitled to the enhanced amount of compensation.

4.1 In the case of Civil Appeal No.6676 of 2022 considering theactual income of the deceased as Rs.10,000/- per month and adding40% towards the future prospects and thereafter deducting 1/3[rd] towardsthe personal expenses of the deceased and applying the multiplier of 15the claimants shall be entitled to Rs.16,18,120/- (instead of A

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ARs. as awarded by the learned Tribunal) towards thecompensation under the head loss of dependency.

4.2 Now so far as the Civil Appeal No.6677 of 2022 is concerned,considering the actual income of the deceased as Rs.10,000/- per monthand adding 40% towards the future prospects and thereafter deductingB1/3[rd] towards the personal expenses of the deceased and applying themultiplier of 13 the claimants shall be entitled to Rs.14,56,104/- towardsthe loss of compensation under the head loss of dependency.

To the aforesaid extent, the impugned judgment and orders passedby the High Court are required to be modified.

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5. In view of the above and for the reason stated above, both theappeals succeed in part. The impugned judgment and order passed bythe High Court in MFA No.200507 of 2018 is hereby modified and it isheld that the original claimants shall be entitled to a total sum ofRs.18,50,120/- towards the compensation with 6% interest (in place ofDRs.15,98,120/- as awarded by the learned Tribunal).Civil Appeal No.6676 of 2022 is partly allowed to the aforesaidextent.

5.1 The impugned judgment and order passed by the High Courtin MFA No.200509 of 2018 is hereby modified and it is held that theEoriginal claimants shall be entitled to a total sum of Rs.15,76,104/- towardsthe compensation with 6% interest (in place of Rs.12,25,104/- as awardedby the learned Tribunal).

Civil Appeal No.6677 of 2022 is hereby partly allowed to theaforesaid extent.F

The respondents/insurance company to deposit the balanceenhanced amount of compensation with the learned Tribunal within aperiod of eight weeks from today failing which it shall carry an interest@ 7.5 % all throughout.

Both these appeals are partly allowed to the aforesaid extent. InGthe facts and circumstances of the case, there shall be no order as tocosts.

Divya Pandey(Assisted by : Deepak Panwar, LCRA)H

Appeals partly allowed.