SMT. KALAVATI & ORS versus MIRZA KAISAR BAIG & ANR.

Citation: [2022] 5 S.C.R. 889 · Decided: 23-09-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed
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Judgment (excerpt)

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SMT. KALAVATI & ORS.
v.
MIRZA KAISAR BAIG & ANR.
(Civil Appeal No. 6676 of 2022)
SEPTEMBER 23, 2022
[M. R. SHAH AND KRISHNA MURARI, JJ.]
Compensation – Enhancement of – Motor accident claim –
High Court enhanced the compensation awarded by the Tribunal
by enhancing the amount towards loss of dependency considering
the income of the deceased persons at Rs.8,500/- per month – On
appeal, held: 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 as Rs.10,000/- per month – Thus, in C.A No.6676 of 2022,
considering the actual income of the deceased as Rs.10,000/- per
month and adding 40% towards the future prospects, thereafter
deducting 1/3rd towards the personal expenses of the deceased and
applying the multiplier of 15, the claimants are entitled to
Rs.16,18,120/- under the head loss of dependency and a total sum
of Rs.18,50,120/- towards the compensation with 6% interest –
Further in C.A No.6677 of 2022 also, considering the actual income
of the deceased as Rs.10,000/- per month and adding 40% towards
the future prospects, thereafter deducting 1/3rd towards the personal
expenses of the deceased and applying the multiplier of 13, the
claimants are entitled to Rs.14,56,104/- under the head loss of
dependency and a total sum of Rs.15,76,104/- towards the
compensation with 6% interest – Respective impugned orders
modified – Respondents-insurance company to deposit the balance
enhanced amount of compensation with the Tribunal within 8 weeks
from today failing which it shall carry an interest @ 7.5 % all
throughout.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6676
of 2022.
From the Judgment and Order dated 19.02.2019 of the High Court
of Karnataka at Kalaburagi Bench in MFA No.200507 of 2018.
[2022] 5 S.C.R. 889
889
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SUPREME COURT REPORTS
[2022] 5 S.C.R.
With
Civil Appeal No. 6677 of 2022.
Sharanagouda Patil, Ms. Supreeta Sharanagouda for M/s S-legal
Associates, Advs. for the Appellants.
Shivam Singh, Gopal Singh, Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 19.02.2019 passed by the High 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
2. Feeling aggrieved and dissatisfied with the impugned judgment
and 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 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 Rs.15,000/- per month.
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 Rs.8,500/- per month.
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
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dependency considering the income of the deceased at Rs.15,000/- per
month.
Civil Appeal No. 6677 of 2022
3. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 19.02.2019 passed by the High 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
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