Smt. C. Pushpavathi vs Mr. Chandrashekara
2021 Latest Caselaw 805 Kant

                            1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 13TH DAY OF JANUARY, 2021

                        BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

              M.F.A.NO.1332 OF 2019(MV-D)

BETWEEN

1.    SMT. C. PUSHPAVATHI
      W/O LATE KUMARASWAMY,
      AGE: 61 YEARS,
      R/O RAJAJINAGARA,
      BIRUR TOWN, KADUR TALUK
      CHIKKAMAGALURU DISTRICT.

2.    SMT. D.K. SHILPA
      W/O SHIVAMURTHY,
      D/O LATE KUMARASWAMY
      AGE: 33 YEARS,
      R/O RAJAJINAGARA,
      BIRUR TOWN, KADUR TALUK
      CHIKKAMAGALURU DISTRICT.

3.    SMT. D.K.SHWETHA
      W/O MOHAN SANDEEP
      D/O LATE KUMARASWAMY,
      AGE: 32 YEARS,
      R/O VIJAYANAGARA, 3RD CROSS,
      IV MAIN, BANGALORE.
                                            ...APPELLANTS
(BY SRI. R.C. NAGARAJA, ADVOCATE)

AND

1.    MR. CHANDRASHEKARA
      S/O RAMAPPA,
      AGE: MAJOR,
                             2



     R/O HOSANAGARA, HAVERI DISTRICT
     (DRIVER)

2.   NILAPPA. B. SHIVANNANAVAR
     S/O BASAVARAJ NILAPPA
     SHIVANNANAVAR, 40 YEARS,
     R/O BASAVESHWARANAGARA
     10TH CROSS, A BLOCK,
     HAVERI.

3.    BHARATHI AXA GENERAL INSURANCE COMPANY LTD.,
      1ST FLOOR, FERNS ICON,
      SY.NO. 28, DODDENEKUNDI,
      OUTER RING ROAD, BANGALORE
      REP BY ITS BRANCH MANAGER.
                                       ...RESPONDENTS
(NOTICE TO R-1 AND R-2 ARE D/W)

      THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DAED: 01.01.2019 PASSED
IN MVC NO. 207/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE &
MMACT, KADUR, CHIKKAMAGALURU, PARTLY ALLOWING THE
CLAIM   PETITION     FOR   COMPENSATION     AND     SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

This appeal by the claimants is directed against the

impugned judgment and award dated 01.01.2019 passed in

MVC No.207/2015 by the Senior Civil Judge and MACT,

Kadur, Chikkamagalur District (for short "the Tribunal")

whereby the Tribunal awarded compensation in a sum of

Rs.85,000/- towards death of one late Kumaraswamy, who

died in a fatal road traffic accident that occurred on

31.10.2014.

2. Heard learned counsel for the claimants and learned

counsel for the Insurance Company and perused the material

on record.

3. In addition to reiterating various contentions urged in

the Memorandum of Appeal and referring to various

documents produced, learned counsel for the appellants

submits that the impugned judgment and award passed by the

Tribunal restricting the compensation payable in favour of the

claimants only to Rs.85,000/- is contrary to the decision of the

Apex Court in the cases of United India Insurance Co. Vs.

Satinder Kaur reported in 2020 SCC online SC 410 and New

India Assurance Company Limited Vs. Somwati and

others reported in (2020) SCC 644. It is therefore submitted

that the impugned judgment and award passed by the

Tribunal deserves to be set aside by enhancing the

compensation payable in favour of the claimant.

4. Per contra, learned counsel for the Insurance

Company submits that the compensation awarded by the

Tribunal is just, proper and reasonable and that the same

does not warrant interference by this Court.

5. As rightly contended by the learned counsel for the

claimants, the Tribunal has committed error in awarding highly

inadequate and meager compensation in favour of the

claimant, which is contrary to the decisions of the Apex Court

in the cases of Satindar Kaur and Somwati (supra).

Accordingly, the compensation payable in favour of the

claimant for loss of dependency is 6,890 X 12 X 10 X 1/3 =

2,75,600/-. Since the claimants are three in number each of

them would be entitled to Rs.40,000/- each towards loss of

consortium and consequently, they would be entitled to a total

sum of Rs.1,20,000/- towards the head loss of consortium.

The claimants are also entitled to Rs.15,000/- each towards

funeral expenses and loss of estate.

6. Thus, the claimants would be entitled to additional

enhanced compensation of Rs.3,55,600/-, which shall carry

interest at 6% per annum from the date of claim petition till

realisation

7. Accordingly, I pass the following:

ORDER

i. The appeal is partly allowed.

ii. The impugned judgment and award dated 01.01.2019

passed in MVC No.207/2015 by the Senior Civil Judge

and MACT, Kadur, is hereby modified.

iii. The claimants-appellants are entitled to additional

enhanced compensation of Rs.3,55,600/- (Rupees

Three Lakhs Fifty Five Thousand Six Hundred only)

together with interest at 6% per annum from the date of

claim petition till realisation

Sd/-

JUDGE

Bmc