Karnataka High Court
Sri Mahadevu C M vs The Manager on 12 January, 2021
Author: S.Sujatha And M.I.Arun
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
M.F.A.No.6177/2018 (MV)
BETWEEN :
1. SRI MAHADEVU C.M.,
S/O LATE MAYIGAIAH
AGED ABOUT 52 YEARS
2. SHASHI KUMAR C.M.,
S/O MAHADEVU C.M.,
AGED ABOUT 24 YEARS
3. LOKESH C.M.,
S/O MAHADEVU C.M.,
AGED ABOUT 21 YEARS
4. HEMALATHA
D/O MAHADEVU C.M.,
AGED ABOUT 22 YEARS
ALL ARE R/AT
CHIKKAGOWDANADODDI VILLAGE,
MALAVALLI TALUK
MANDYA DISTRICT-571401. ...APPELLANTS
(BY SRI K.N.SHASHIDHAR, ADV.)
AND :
1. THE MANAGER
SHRIRAM GEN. INS. CO. LTD.,
2ND FLOOR, MONARCH CHAMBERS
-2-
OPP. INFANTRY HALL,
INFANTRY ROAD, BANGALORE - 560 001.
2. SRI KRISHNEGOWDA
S/O VENKATAGOWDA K., MAJOR,
R/AT NO.60, KAGEPURA VILLAGE
MALAVALLI TALUK
MANDYA DISTRICT-571401. ...RESPONDENTS
(BY SRI B.C.SHIVANNEGOWDA, ADV. FOR R-1; R-2 SERVED.)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED
31.01.2017 PASSED IN MVC No.1061/2016 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the judgment and
award dated 31.1.2017 passed in MVC No.1061/2016
on the file of the Senior Civil Judge and MACT, Malavalli
[Tribunal for short].
2. The claimants being the husband and
children of the deceased Suvarna instituted the petition
under Section 166 of the Motor Vehicles Act, 1988
seeking compensation for the death of Smt.Suvarna in a
road traffic accident.
3. It was averred in the claim petition that on
18.9.2014 when the deceased Smt.Suvarna along with
her husband was travelling in the Bajaj Discover Motor
Cycle bearing Reg.No.KA-11-EA-6868 as a pillion rider,
near the school at Mooganakopplu on Malavalli-Mysore
road, an Eicher Goods vehicle bearing Reg.No.KA-11-
8668 (offending vehicle) being driven by its driver in a
rash and negligent manner, dashed against the motor
cycle and both of them fell down along with the motor
cycle. Due to the said impact, both the rider and pillion
fell down along with the motor cycle and sustained
grievous injuries. The pillion rider Smt.Suvarna died at
the spot.
4. It was contended that the deceased was aged
about 38 years and was earning Rs.10,000/- per month
doing milk vending business and tailoring work. The
deceased used to spend her entire earnings for the
maintenance of her family and the claimants were
entirely depending on the deceased. The untimely death
of the deceased has caused loss of dependency, loss of
love and affection etc., On these set of facts, the
claimants sought for compensation.
5. In response to service of summons, the
respondents appeared through their respective counsel.
Though 2nd respondent filed the written statement, no
written statement was filed by the 1st respondent.
6. The respondent No.2-insurer denying the
petition averments contended that the driver of the
offending vehicle was not holding valid and effective
driving licence to drive class/type of vehicle at the time
of accident. The compensation claimed is exorbitant,
excessive and baseless. Accordingly, he sought for
dismissal of the claim petition.
7. On the basis of the pleadings, issues were
framed and answered as per the reasons recorded in the
impugned judgment allowing the petition in part
awarding total compensation of Rs.8,65,000/- with
interest @ 6% p.a. from the date of petition till the date
of deposit.
8. Being dissatisfied with the quantum of
compensation, the claimants have preferred the present
appeal.
9. Learned counsel for the appellants
submitted that the Tribunal failed to appreciate the
evidence on record in a right perspective. The monthly
income of the deceased determined by the Tribunal
notionally at Rs.6,000/- is on the lower side. No
compensation towards future prospects has been
awarded. The compensation awarded under the
conventional heads is meager. It was argued that the
compensation awarded being inadequate, the same
requires to be enhanced substantially.
10. Learned counsel for the insurer submitted
that on appreciation of oral and documentary evidence,
the Tribunal has awarded just compensation which
requires to be confirmed by dismissing the appeal.
11. We have carefully considered the rival
submissions of the learned counsel appearing for the
parties and perused the original records.
12. It is borne out from the records that the
deceased was aged about 40 years as per Ex.P4 post
mortem report.
13. Having regard to the facts and
circumstances of the case, referring to the chart
prepared by the Karnataka State Legal Services
Authority, the notional income of the deceased can be
re-assessed since no cogent evidence is available on
record to establish the factum of income earned by the
deceased at the time of the accident. Accordingly, the
monthly income of the deceased is determined at
Rs.8,500/- notionally. Adding 40% of the income
towards future prospects, the total income would be
Rs.11,900/-. Applying the multiplier of 15, deducting ¼
of the income towards personal and living expenses of
the deceased, loss of dependency works out to
Rs.16,06,500/- (Rs.11900 x 12 x 15 x 3/4).
14. In terms of the ruling of the Hon'ble Apex
Court in National Insurance Company Limited Vs.
Pranay Sethi and others reported in ((2017)16 SCC
680) and New India Assurance Company Limited Vs.
Somawati and others reported in (2020) 9 SCC 644,
the claimants are entitled to compensation under the
conventional heads at Rs.1,90,000/-.
15. Hence, the total compensation awarded by
the Tribunal is re-assessed as under:
Sl.No. Particulars Amount [in Rs.]
1. Loss of dependency 16,06,500
2. Towards spousal Consortium 40,000
Towards parental
3. consortium 1,20,000
(Rs.40000 to each child)
3. Loss of Estate 15,000
4. Funeral expenses 15,000
Total 17,96,500
Thus, the claimants are entitled to total compensation
of Rs.17,96,500/- with interest @ 6% p.a. from the date
of the claim petition till its realisation.
Hence, the following:
ORDER
i] Appeal is allowed in part.
ii] The total compensation awarded by the Tribunal
is modified and enhanced to Rs.17,96,500/- as
against Rs.8,65,000/- which shall carry interest
at the rate of 6% per annum from the date of the
claim petition till its realization. However, the
interest for the delayed period of 450 days in filing
the appeal is denied as per the order dated
07.01.2021.
iii] The insurance company shall deposit the re-
assessed total compensation determined as
aforesaid before the Tribunal within 90 days from
the date of receipt of the certified copy of the
judgment and order.
iv] The portion of the order of the Tribunal inasmuch
as liability, apportionment and disbursement
remains intact.
v] The modified compensation shall be disbursed in
terms of the order of the Tribunal.
vi] Draw modified award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
Dvr:
