Smt. Nagamma vs United India Insurance Co Ltd
2021 Latest Caselaw 5420 Kant

      IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 3RD DAY OF DECEMBER, 2021

                        BEFORE

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

MISCELLANEOUS FIRST APPEAL NO.8390 OF 2016 (MVC)


BETWEEN :

SMT. NAGAMMA
W/O. LATE RANGAPPA
AGED ABOUT 54 YEARS
R/AT KUDUR II BLOCK, KUDUR
MAGADI TALUK,
RAMANAGARA DISTRICT.
                                           ... APPELLANT

(BY SRI. SHIVAKUMAR P., ADVOCATE)


AND

1. UNITED INDIA INSURANCE CO. LTD.,
KRISHI BHAVAN BUILDING
NEXT TO MAGISTRATE COURT,
NRUPATHUNGA ROAD,
BENGALURU-560 002.
REP. BY ITS MANAGER

2. M/S. SRI. SURYA BAKERY
NO.50, S.C. ROAD,
BENGALURU-560 078.
                                      ... RESPONDENTS

(BY SMT. HARINI SHIVANANDA, ADVOCATE FOR R1, R2 SERVED)


     THIS MFA FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 23.02.2016
PASSED IN MVC NO.3542/2014 ON THE FILE OF THE 3RD
ADDITIONAL SENIOR CIVIL JUDGE & MACT, BENGALURU,
                              2

PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.


     THIS MFA COMING ON FOR ADMISSION THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY THE
COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

This miscellaneous first appeal is filed by the

appellant, seeking enhancement of compensation,

awarded by the Tribunal in MVC No.3542/2014 on the

file of III Addl. Senior Civil Judge and MACT, Bengaluru.

2. Learned counsel for the appellant/claimant

submits that the respondent-Insurance Company has

satisfied the award. Therefore, the present appeal is

purely on quantum.

3. The appellant, who is the mother of the

deceased filed a claim petition for having lost her son

Manjunath in a road traffic accident occurred on

08.06.2014. The appellant-claimant claimed a

compensation of Rs.15 Lakhs, on the ground that her

son was working as a weaver and earning Rs.15,000/-

per month. In absence of income proof, the Tribunal has

notionally assessed the income of the deceased at

Rs.7,000/- per month and by adding 50% towards future

prospects, awarded a sum of Rs.10,08,000/- under the

head 'loss of dependency', after deducting 50% towards

his personal expenditure. A sum of Rs.45,000/- is

awarded under the 'conventional heads' and a sum of

Rs.1,13,000/- is awarded towards 'medical expenses'. In

all, the Tribunal has awarded a total compensation of

Rs.11,66,000/- with interest at 9% per annum from the

date of petition till the date of realization.

4. Heard the learned counsel for the appellant

and the learned counsel appearing for the respondent-

Insurance Company.

5. Though, this court cannot find fault with the

finding of the Tribunal in assessing the income of the

deceased notionally in absence of any proof of income,

however, having regard to the date of accident i.e.,

08.06.2014, this court would find that, income assessed

by the Tribunal notionally, appears to be on the lower

side. In absence of any proof of income, this court would

rely on the chart prepared by the Karnataka Legal

Services Authority and assess the income of the

deceased at Rs.8,500/- per month. 40% has to be added

towards future prospects and 50% of the income has to

be deducted towards personal expenditure as the

deceased was a bachelor. By applying the appropriate

multiplier of 16 applicable to the age group of the

deceased, the compensation under the head 'loss of

dependancy' works out to Rs.11,42,400/-

(Rs.5,950x12x16). By applying the principles laid down

in the case of Magma General Insurance Co. Ltd., vs.

Nanu Ram and others reported in 2018 ACJ 2783, a sum

of Rs.70,000/- is awarded under the conventional heads.

A sum of Rs.1,13,000/- awarded by the Tribunal

towards 'medical expenses' remain undisturbed. In all,

this court has re-determined the compensation of

Rs.13,25,400/- as against Rs.11,66,000/- awarded by

the Tribunal. Hence, I pass the following :

ORDER

Appeal is allowed in part.

The Judgment and award dated 23.02.2016 by the

III Addl. Senior Civil Judge and MACT, Bengaluru

(SCCH-18), in MVC No.3542/2014, is modified.

Appellants are entitled for an enhanced

compensation of Rs.1,59,400/- with interest at 6% per

annum, from the date of petition till the date of

realization. Release entire amount.

Sd/-

JUDGE

snc