Karnataka High Court
Chowdamma vs Shashidhar on 27 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:23896
MFA No. 8438 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 8438 OF 2017 (MV-D)
BETWEEN:
CHOWDAMMA
W/O LATE NARAYANAPPA,
R/AT VADDARAPALYA,
PARAGODU, CHIKKABALLAPURA,
KANATAKA - 561 207.
...APPELLANT
(BY SRI RAGHU R, ADVOCATE)
AND:
1. SHASHIDHAR
MAJOR,
Digitally signed by
SUMITHRA R S/O. MARUTHI,
Location: HIGH
COURT OF R/AT NO. 88, 3RD CROSS,
KARNATAKA CHOLURPALYA, MAGADI ROAD,
BANGALORE - 560 023.
2. THE MANAGER
THE UNITED INDIA INSURANCE CO. LTD,
MOTOR THIRD PARTY CLAIMS HUB,
5TH FLOOR, KRUSHI BHAVAN,
HUDSON CIRCLE, BANGALORE.
...RESPONDENTS
(BY SRI JANARDHAN REDDY, ADV., FOR R-2;
V/O DATED 06.12.2023 NOTICE TO R1 IS DISPENSED WITH)
-2-
NC: 2024:KHC:23896
MFA No. 8438 of 2017
THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING AGAINST
THE JUDGMENT AND AWARD DATED 11.05.2017 PASSED IN MVC
NO.1336/2016 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES
JUDGE AND XXVIII ACMM, MACT BENGALURU (SCCH-13), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant/claimant challenging the judgment and award dated 11.05.2017 in MVC.No.1336/2016 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-13), for seeking enhancement of compensation.
2. The factum of accident, death of the deceased and coverage of insurance is not disputed.
3. Heard the arguments from both sides and perused the records.
4. The Tribunal has awarded the compensation under various heads as follows: -3-
NC: 2024:KHC:23896 MFA No. 8438 of 2017 1 Transportation of dead Rs. 25,000/-
body and funeral
expenses
2 Loss of dependency Rs.2,10,000/-
3 Loss of love and affection Rs. 25,000/-
4 Loss of consortium Rs. 25,000/-
5 Loss of care and guidance Rs. 25,000/-
for minor children
TOTAL Rs.3,10,000/-
5. The Tribunal has not adopted the correct
parameters while determining the compensation.
Therefore, the claimant is before this Court for seeking enhancement of compensation.
6. The deceased was aged 75 years and the claimant is the wife of the deceased. The accident is caused in the year 2015. The notional income held by the Tribunal is on the lesser side. Hence, notional income of Rs.9,000/- is to be taken into consideration as per the Notional Income Chart recognized by the Karnataka State -4- NC: 2024:KHC:23896 MFA No. 8438 of 2017 Legal Service Authority. As the claimant is the wife of the deceased, 1/3rd of income is to be deducted towards personal and living expenses of the deceased. As the deceased was aged 75 years, the appropriate multiplier applicable is "5". Therefore, the quantum of compensation towards loss of dependency is reassessed and recalculated as follows:
Rs.9,000/- x 2/3 x 5 x 12 = Rs.3,60,000/- Hence, compensation of Rs.3,60,000/- is awarded under the head loss of dependency.
7. The claimant is the wife of the deceased. As per the judgment of the Hon'ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others1, the claimant is entitled for Rs.44,000/-.
Therefore, compensation of Rs.44,000/- is awarded 1 2018 ACJ 2782 -5- NC: 2024:KHC:23896 MFA No. 8438 of 2017 under the head loss of consortium including loss of love and affection.
8. The compensation of Rs.16,500/- is awarded towards funeral expenses and transportation of dead body.
9. The compensation of Rs.16,500/- is awarded towards loss of estate.
10. Thus, in all, the appellant/claimant is entitled for total compensation under various heads as follows:
1 Loss of dependency Rs. 3,60,000/- 2 Loss of consortium Rs.
44,000/-
including loss of love and affection 3 Funeral expenses and Rs.
16,500/-
transportation of dead body 4 Loss of estate Rs. 16,500/-
TOTAL Rs. 4,37,000/-
-6-
NC: 2024:KHC:23896 MFA No. 8438 of 2017
11. The Tribunal has awarded compensation of Rs.3,10,000/-, but the appellant/claimant is entitled to total compensation of Rs.4,37,000/-. Hence, the appellant/claimant is entitled to enhanced compensation of Rs.1,27,000/- (Rs.4,37,000/- - Rs.3,10,000/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,27,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.
12. Accordingly, I proceed to pass the following:
ORDER i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated 11.05.2017 in MVC.No.1336/2016 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-13), is modified to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.1,27,000/- -7-
NC: 2024:KHC:23896 MFA No. 8438 of 2017 along with interest at the rate of 6% per annum from the date of petition till the date of realization.
iii. No order as to costs.
iv. The appellant/claimant is not entitled for interest for the delay period of 58 days in filing the appeal.
v. Registry is directed to transmit the TCR along with copy of this order to the Tribunal forthwith.
vi. Draw award accordingly.
Sd/-
JUDGE
PB