Karnataka High Court
Smt I K Yashodha vs Sri Kemparaju C S on 31 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:30450
MFA No. 806 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 806 OF 2023 (MV-D)
BETWEEN:
1. SMT. I.K. YASHODHA
D/O LATE B.U. YATHEESH
AGED ABOUT 38 YEARS
2. BABY VARSHINI
D/O LATE B.U. YATHEESH
AGED ABOUT 13 YEARS
SINCE MINOR REPRESENTED BY
HER NATURAL GUARDIAN AND
MOTHER SMT. I.K. YASHODA
W/O LATE B.U. YATHEESH
BOTH ARE RESIDING AT NO.201
GANGAPPA BUILDING
CHOKKASANDRA
Digitally signed T.DASARAHALLI
by SHAKAMBARI BENGALURU-560 057.
Location: HIGH
COURT OF
KARNATAKA 3. SRI. B.M. UMASHANKARARADHYA
S/O LATE DAKSHINAMURTHI
AGED ABOUT 70 YEARS
4. SMT. G.B. CANDRAMMA
W/O B.U. UMESAHNKARARASHYA
AGED ABOUT 65 YEARS
APPELLANT NOS. 3 AND 4
RESIDING AT DODDABUKKASAGARA VILLAGE
BISALEHALLI POST
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MFA No. 806 of 2023
KADUR TALUK
CHIKKAMAGALURU DISTRICT.
...APPELLANTS
(BY SRI. SATHISHA T, ADVOCATE)
AND:
1. SRI. KEMPARAJU C.S
S/O SIDDAGANGAIAH
MAJOR
R/AT NO.56, NEAR MARUTHI TEMPLE
KENGAL KEMPONAHALLI
SOMAPURA HOBLI
BENGALURU RURAL DISTRICT-562 111
2. THE REGIONAL MANAGER
THE NEW INDIA ASSURANCE
COMPANY LTD.,
REGIONAL OFFICE
1ST FLOOR, MAHALAKSHMI CHAMBER
NEAR TRINITY CIRCLE
M.G.ROAD
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. P.B. RAJU, ADVOCATE FOR R2;
R1- SERVICE OF NOTICE IS DISPENSED
WITH VIDE COURT ORDER DT. 03.02.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.08.2022 PASSED IN MVC
NO. 2159/2020 ON THE FILE OF THE III ADDITIONAL JUDGE
AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU
(SCCH-18), 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 MR JUSTICE PRADEEP SINGH YERUR
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MFA No. 806 of 2023
ORAL JUDGMENT
This appeal is preferred by appellant-claimants challenging the judgment and award dated 25.08.2022 passed in MVC No.2159/2020 by the III Addl. Judge and Member, MACT, Court of Small Causes, Bengaluru. This appeal is founded on the premise of inadequate compensation awarded by the Tribunal.
2. The parties to this appeal are described as per their status before the Tribunal.
3. The facts of the case, occurrence of the accident, involvement of the vehicle, death having occurred due to the accident though disputed have been proved by production of Ex.P1 to P11. Negligence is rightly attributed against the driver of the offending vehicle.
4. The appellant is aggrieved by non-awarding of compensation towards `Loss of Consortium' to appellants nos. 2, 3 and 4 who are none other than minor daughter and parents of the deceased. The Tribunal, while awarding -4- NC: 2024:KHC:30450 MFA No. 806 of 2023 compensation, has awarded consortium to the first claimant i.e. unfortunate wife but, has not awarded compensation under the head `loss of consortium' to claimants 2, 3 and 4. In view of the judgment in the case of National Insurance Company Limited -vs- Pranay Sethi and others reported in (2017)16 SCC 680, each of the dependents are entitled for Rs.40,000/- totaling to Rs.1,20,000/- with 10% escalation i.e. Rs.1,32,000/-. Under the circumstances, he seeks this Court to award compensation under the head `Loss of Consortium' to claimant nos. 2,3 and 4. On these grounds, he seeks to re-assess the income, enhance and award the same and prayed to enhance the total compensation consequently.
5. Per contra, learned counsel representing the Insurance Company does not dispute the law laid down by the Hon'ble Apex Court contending that claimant nos. 3 and 4 are aged parents and they were depending upon their deceased son. Hence, they would be entitled for -5- NC: 2024:KHC:30450 MFA No. 806 of 2023 consortium. The compensation awarded under other heads is not questioned by the appellant. Accordingly, I am in agreement with the learned counsel for the appellant that the loss of consortium requires to be awarded to claimant nos. 2,3 and 4.
6. In view of the above discussions, the claimants would be entitled to enhanced compensation. Hence, I pass the following:
ORDER
i) The appeal is allowed in-part.
ii) The impugned Judgment & Award dated 25.08.2022 passed in MVC No.2159/2020 by the III Addl. Judge and Member, MACT, Court of Small Causes, Bengaluru, is modified.
iii) The appellants/claimants would be entitled to a total compensation of Rs.54,54,080/- as against Rs.53,26,089/- awarded by the Tribunal along with interest at 6% per annum.
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iv) The enhanced compensation amount shall be paid with interest at 6% per annum by the respondent - Insurance Company within a period of four weeks from the date of receipt of a copy of this judgment.
v) The compensation amount shall be released in favour of appellants-claimants as per the terms of the Tribunal by Electronic transfer to the claimants upon furnishing the required bank details/upon proper identification.
vi) All other terms and conditions stipulated by the Tribunal shall remain intact. The Registry is directed to transmit the original records to the jurisdictional Tribunal forthwith.
Sd/-
(PRADEEP SINGH YERUR) JUDGE SK List No.: 1 Sl No.: 48