SMT. KALAVATI & ORSversusMIRZA KAISAR BAIG & ANR.

                        [2022] 5 S.C.R. 889                             889


                    SMT. KALAVATI & ORS.                                A
                                 v.
                 MIRZA KAISAR BAIG & ANR.
                  (Civil Appeal No. 6676 of 2022)
                      SEPTEMBER 23, 2022                                B
         [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
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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        D
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 –
                                                                        E
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                F
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.
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      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.
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                                889
890            SUPREME COURT REPORTS                          [2022] 5 S.C.R.


A           With
            Civil Appeal No. 6677 of 2022.
           Sharanagouda Patil, Ms. Supreeta Sharanagouda for M/s S-legal
      Associates, Advs. for the Appellants.
B           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
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      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
D            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.
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           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
F     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
G     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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  SMT. KALAVATI & ORS. v. MIRZA KAISAR BAIG & ANR.                          891
                   [M. R. SHAH, J.]

dependency considering the income of the deceased at Rs.15,000/- per        A
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                  B
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       C
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                    D
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      E
the head loss of dependency considering the income of the deceased at
Rs.15,000/- per month.
       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       F
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.
                                                                            G
       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
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892             SUPREME COURT REPORTS                            [2022] 5 S.C.R.


A     Rs.           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
B     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.
C           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
D     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
E     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.
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            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
G     the facts and circumstances of the case, there shall be no order as to
      costs.

      Divya Pandey                                            Appeals partly allowed.
      (Assisted by : Deepak Panwar, LCRA)
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