Court of Karnataka at Kalaburagi Bench passed in respective
First Appeals, the original claimants have preferred the
present appeals and have prayed to enhance the amount of
compensation.
Civil Appeal No.6676 of 2022
Court in M.F.A. No. 200507 of 2018 by which the High Court
has enhanced the amount of compensation from
Rs.10,70,000/- as awarded by the learned Tribunal to
Rs.15,98,120/- only, the original claimants have preferred the
present appeal.
2.1 The issue involved in the present appeal is in a very
narrow compass.
2.2 That the deceased at the time of accident/death was
serving as a driver and was holding a valid driving license.
According to the original claimants he was earning
2.3 The learned Tribunal awarded the amount of
compensation for the death of the deceased at Rs.10,70,000/
under different heads including the loss of dependency. The
learned Tribunal considered the loss of dependency at
Rs.9,00,000/- considering the income of the deceased at
Rs.7,500/- per month. By the impugned judgment and order
the High Court has enhanced the loss of dependency to
Rs.14,28,120/- considering the income of the deceased at
2.4 Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the High Court, the claimants
have preferred the present appeal for enhancing the amount of
compensation on loss of dependency considering the income of
the deceased at Rs.15,000/- per month.
Civil Appeal No.6677 of 2022
Court in MFA No.200509 of 2018 by which the High Court has
enhanced the amount of compensation from Rs.9,00,000/- as
awarded by the learned Tribunal to Rs.12,25,104/- only, the
original claimants have preferred the present appeal.
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 the deceased – husband of the
appellant no.1. The learned Tribunal has awarded the loss of
dependency at Rs.7,80,000/- considering the income of the
deceased at Rs.7,500/- per month. In an appeal the High
Court has enhanced the amount of compensation to
Rs.12,25,104/- by enhancing the amount of compensation
towards loss of dependency at Rs.11,05,104/- considering the
income of the deceased at Rs.8,500/- per month.
3.2 Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the High Court, the original
claimants have preferred the present appeal praying to
enhance the amount of compensation under the head loss of
dependency considering the income of the deceased at
4. Having heard learned counsel for the respective parties
and in the facts and circumstances of the case and
considering the material on record and considering the fact
that the deceased were having driving license and were
working as drivers, the claimants shall be entitled to the loss
of dependency considering the income of the deceased at least
as Rs.10,000/- per month. Thereafter adding 40% towards
future prospects and rise in income and applying the relevant
multiplier the claimants shall be entitled to the enhanced
amount of compensation.
4.1 In the case of Civil Appeal No.6676 of 2022 considering
the actual income of the deceased as Rs.10,000/- per month
and adding 40% towards the future prospects and thereafter
deducting 1/3rd towards the personal expenses of the deceased
and applying the multiplier of 15 the claimants shall be
entitled to Rs.16,18,120/- (instead of Rs.14,28,120/- as
awarded by the learned Tribunal) towards the compensation
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 month and adding 40% towards the future
prospects and thereafter deducting 1/3rd towards the personal
expenses of the deceased and applying the multiplier of 13 the
claimants shall be entitled to Rs.14,56,104/- towards the loss
of compensation under the head loss of dependency.
To the aforesaid extent, the impugned judgment and
orders passed by the High Court are required to be modified.
5. In view of the above and for the reason stated above, both
the appeals succeed in part. The impugned judgment and
order passed by the High Court in MFA No.200507 of 2018 is
hereby modified and it is held that the original claimants shall
be entitled to a total sum of Rs.18,50,120/- towards the
compensation with 6% interest (in place of Rs.15,98,120/- as
awarded by the learned Tribunal).
Civil Appeal No.6676 of 2022 is partly allowed to the
aforesaid extent.
5.1 The impugned judgment and order passed by the High
Court in MFA No.200509 of 2018 is hereby modified and it is
held that the original claimants shall be entitled to a total sum
of Rs.15,76,104/- towards the compensation with 6% interest
(in place of Rs.12,25,104/- as awarded by the learned
Tribunal).
Civil Appeal No.6677 of 2022 is hereby partly allowed to
the aforesaid extent.
The respondents/insurance company to deposit the
balance enhanced amount of compensation with the learned
Tribunal within a period 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. In the facts and circumstances of the case, there shall
be no order as to costs.
[M.R. SHAH]